33 Amendments of Elisabetta GARDINI related to 2015/0275(COD)
Amendment 195 #
Proposal for a directive
Recital 5
Recital 5
(5) Definitions of municipal waste, construction and demolition waste, the final recycling process, and backfilling need to be included in Directive 2008/98/EC so that the scope of these concepts is clarified. In the definition of "construction and demolition waste", it should be considered that construction and demolition activities may generate other types of waste to which Chapters 14, 15, 16 of Decision 2014/955/EU should apply.
Amendment 199 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) Hazardous and non hazardous waste should be identified according to the rules of Decision 2014/955 amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European Parliament and of the Council and Regulation 1357/2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives.
Amendment 223 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to ensure the smooth functioning of the internal market and a high level of environmental protection across the Union, the Commission, on the basis of a continuous monitoring of national situations which can be publicly accessible, should, as general rule, be empowered to adopt delegated act establishing harmonised provisions related to the end-of-waste status to certain types of waste. Where criteria have not been set up at a Union level, Member States should be able to establish at national level end-of-waste detailed criteria for certain waste in accordance with specific conditions. Where such criteria have not been established either at national level or at Union level, Member States should ensure that waste, which has undergone a recovery operation, is considered to have ceased to be waste if it complies with specific conditions which should be verified on a case-by-case basis by the national competent authority.
Amendment 233 #
Proposal for a directive
Recital 9
Recital 9
(9) Extended producer responsibility schemes form an essential part of efficient waste management, but their effectiveness and performance differ significantly between Member States. Thus, it is necessary to set minimum operating requirements for extended producer responsibility. Those requirements should reduce costs and boost performance, as well as ensure a level-playing field, including for small and medium sized enterprises, and avoid obstacles to the smooth functioning of the internal market. They should also contribute to the incorporation of end-of-life costs into product prices and provide incentives for producers to take better into account recyclability and reusability when designing their products. The requirements should apply to both new and existing extended producer responsibility schemes. A transitional period is however necessary for existing extended producer responsibility schemes to adapt their structures and procedures to the new requirements. The possibility to apply the extended produced responsibility scheme should be based on a feasibility study.
Amendment 235 #
Proposal for a directive
Recital 9
Recital 9
(9) Extended producer responsibility schemes form an essential part of efficient waste management, but their effectiveness and performance differ significantly between Member States. Thus, it is necessary to set minimum operating requirements for extended producer responsibility schemes. Those requirements should reduce costs and boost performance, facilitate better implementation of separate collection and sorting, ensure better quality recycling, help secure access to secondary raw material in a cost-efficient manner, as well as ensure a level-playing field, including for small and medium sized enterprises, and avoid obstacles to the smooth functioning of the internal market. They should also contribute to the incorporation of end-of-life costs into product prices and provide incentives for producers to take better into account recyclability and reusability when designing their productsource efficiency, recyclability, reusability, reparability when designing their products, and encourage the phasing out of hazardous substances of very high concern, where suitable alternatives exist for the intended use, in accordance with the legal obligations set by REACH when designing their products. Their implementation of the minimum requirements for extended producer responsibility should be overseen by independent authorities and should be without any additional financial burden to public bodies and consumers. The requirements should apply to both new and existing extended producer responsibility schemes. A transitional period is however necessary for existing extended producer responsibility schemes to adapt their structures and procedures to the new requirements.
Amendment 242 #
Proposal for a directive
Recital 10
Recital 10
(10) Waste prevention is the most efficient way to improve resource efficiency and to reduce the environmental impact of waste. It is important therefore that Member States take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures and promote durable, recyclable, reusable materials of high quality. An important aspect of waste prevention can be the reduction of hazardous substances in materials where these substances cannot be managed safely in accordance with existing legislation on chemicals. To boost waste prevention, it is important therefore that Member States set up national prevention reduction targets taking appropriate measures to prevent waste generation and littering, including the use of adequate economic instruments and awareness campaigns for citizens. Member States should monitor and assess progress in the implementation of these measures as well as progress in the reduction of waste generation and aim at decoupling it from economic growth. In order to ensure a uniform measurement of the overall progress made in the implementation of waste prevention measures, common indicators should be established within 18 months from the entry into force of this directive.
Amendment 254 #
Proposal for a directive
Recital 12
Recital 12
(12) Member States should take measures to promote prevention and reduction of food waste in line with the 2030 Agenda for Sustainable Development, adopted by the United Nations General Assembly on 25 September 2015, and in particular its target of halving food waste by 2030. These measures should aim to prevent food waste in primary production, in processing and manufacturing, in retail and other distribution of food, in restauraand reduce food waste at all stages and in all forms of consumption and prevents and food services as well as in householdreduce food losses along the production and supply chains. Having regard to the environmental, social and economic benefits of preventing food wasteand reducing food waste and food losses, Member States should establish specific food waste prevention measures in their waste prevention programmes, in order to contribute to reaching the Union-wide 50% food waste reduction target by 2030 and should measure progress made in food waste reduction and food losses. To facilitate exchange of good practice across the EU both between Member States and between, food business operators, uniform and civil society, harmonised methodologies for such measurement should be established. Reporting on food waste and loss levels should take place on a biennial basis. In order to avoid food waste, Member States should facilitate the recovery and redistribution of healthy and nutritious foodstuffs for human consumption by, for example, establishing agreements that enable all the actors in the food distribution chain to make unsold products available to the food aid organisations for which this is technically possible. The Commission should present guidelines for the recovery and redistribution of healthy and nutritious foodstuffs for human consumption.
Amendment 381 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2008/98/EC
Article 3 – point 1a – point a – indent 2
Article 3 – point 1a – point a – indent 2
- bulky waste, including white goods, mattresses, furniture;
Amendment 402 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive 2008/98/EC
Article 3 – point 1 a – paragraph 2
Article 3 – point 1 a – paragraph 2
Municipal waste does not include waste from sewage network and treatment, including sewage sludge and construction and demolition waste and waste generated in production sites (including warehouses), except for waste generated in canteens, factory outlets, offices and areas that are open to the public. This definition applies in accordance with the requirements of Directive 2012/19/EU and Directive 2006/66/EC;’
Amendment 423 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive 2008/98/EC
Article 3 – point 2a
Article 3 – point 2a
Amendment 454 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point e
Article 1 – paragraph 1 – point 2 – point e
Directive 2008/98/EC
Article 3 – point 16
Article 3 – point 16
16. "preparing for re-use" means checking, cleaning or repairing recovery operations, by which waste, products or components of products that have become waste and that have been collected by a recognised preparation for re-use operator or deposit-refund scheme are prepared so that they can be re-used without any other pre-processing and without any prejudice to consumer's health and safety and to the protection of the environment;
Amendment 480 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f
Article 1 – paragraph 1 – point 2 – point f
Directive 2008/98/EC
Article 3 – point 17b
Article 3 – point 17b
17b. "backfilling" means any recovery operation where suitable waste is used for reclamation purposes in excavated areas or for engineering purposes in landscaping and where the waste is a substitute for cnonstruction-waste materials in comparable quantities instead of other non-waste materials which would otherwise have been used for that purpose; '; By "suitable waste" it is intended waste which complies with existing technical standards or, in the absence of such, to those for which a specific risk analysis has been carried out in relation to the characteristics of the area to which they are destined.
Amendment 503 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point f c (new)
Article 1 – paragraph 1 – point 2 – point f c (new)
Directive 2008/98/EC
Article 3 – point 23 (new)
Article 3 – point 23 (new)
(fc) The following point 23 is inserted: (23) 'food waste' means any food intended for human consumption which is lost, thrown away or degraded at a stage in the food supply chain. Products which are redirected to become donated food or animal feed are not regarded as food waste. If it has not been possible to find any food use within a short time, taking into account the perishable nature of certain products, other uses for the products with a view to non-food use for purposes of fertilisation, composting or production of biogas cannot be regarded as food waste.
Amendment 547 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 2008/98/EC
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Member States shall ensure that aA substance or object resulting from a production process the primary aim of which is not the production of that substance or object is considered not to be waste, but to be a by-product if the following conditions are met:
Amendment 563 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
2. TWhere necessary, the Commission shall be empowered to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects.
Amendment 568 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point c
Article 1 – paragraph 1 – point 4 – point c
Directive 2008/98/EC
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall notify the Commission of technical regulations adopted under paragraph 1 in accordance with Directive 2015/1535/EC of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of informWhere criteria have not been set at Union level in accordance with the procedure set out in paragraph 2, Member States may, on a case-by-case basis, establish detailed criteria on the application inof the field of technical regulations and of rules on Information Society services (*) where so required by that Directiveconditions laid down in paragraph 1 to specific substances or objects.
Amendment 589 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2008/98/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall be empowered, on the basis of a continuous monitoring of national situations which can be publicly accessible, to adopt delegated acts in accordance with Article 38a in order to establish detailed criteria on the application of the conditions laid down in paragraph 1 to certain waste. Those detailed criteria shall include limit values for pollutants where necessary and shall take into account any possible adverse environmental effects of the substance or object.
Amendment 602 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
4. Where criteria have not been set at Union level in accordance with the procedure set out in paragraph 2, Member States may, on a case-by-case basis, establish detailed criteria on the application of the conditions laid down in paragraph 1 to specific substances or objects. Member States shall notify the Commission of technical regulations adopted under paragraph 1 in accordance with Directive 2015/1535/EC of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (*) where so required by that Directive.
Amendment 645 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Directive 2008/98/EC
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Such measures may encourage, inter alia, the development, production and marketing of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for preparation for re-use and recycling in order to facilitate proper implementation of the waste hierarchy. The measures should take into account the impact of products throughout their life cycle and relevant Union legislation and standards already applicable to products.
Amendment 657 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2008/98/EC
Article 8 – paragraph 5
Article 8 – paragraph 5
5. The Commission shall organise an exchange of information between Member States and the actors involved in producer responsibility schemes on the practical implementation of the requirements defined in Article 8a and on best practices to ensure adequate governance and cross- border cooperation of extended producer responsibility schemes. This includes, inter alia, exchange of information on the organisational features and the monitoring of producer responsibility organisations, best practices on the definition of fees and optimized costs, the selection of waste management operators and the prevention of littering. The Commission shall publish the results of the exchange of information. and may provide guidelines on relevant aspects
Amendment 672 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 1 – indent 1
Article 8a – paragraph 1 – indent 1
- define in a clear way the roles and responsibilities of producers of products placing goods on the market of the Union, organisations implementing extended producer responsibility on their behalf, private or public waste operators involved, local authorities, distributors and retailers and, where appropriate, recognised preparation for re-use operators, by consulting and involving operators themselves;
Amendment 682 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 1 – indent 3
Article 8a – paragraph 1 – indent 3
- establish a reporting system to gather data on the products placed on the Union market by the producers subject to extended producer responsibility. Once these products become waste, the reporting system shall ensure that data is gathered on the collection and treatment of that wastecollection and treatment of the waste deposited at collection facilities handled/managed by producers, organisations implementing extended producer responsibility on their behalf and collection and treatment by other actors than producers, specifying, where appropriate, the waste material flows;.
Amendment 688 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 1 – indent 4
Article 8a – paragraph 1 – indent 4
- ensure equal treatment and non- discrimination between producers of products and with regards to small and medium enterprises and providers of collection, transport and treatment services.
Amendment 712 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 3 – point a
Article 8a – paragraph 3 – point a
Amendment 723 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 3 – point d – indent 2
Article 8a – paragraph 3 – point d – indent 2
- the financial contributions paid byfees charged by the scheme to the producers;
Amendment 735 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point a – introductory words
Article 8a – paragraph 4 – point a – introductory words
(a) cover the entirntribute in covering the cost of waste management for the products it puts on the Union market, including alltaking into account the following:
Amendment 781 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
(b) are modulated on the basis of the real end-of-life cost of individual products or groups of similar products, notablyinter alia by taking into account their durability, re- usability and recyclability, and provided that the modulation does not negatively impact resource efficiency over the life cycle of the product or waste prevention, in line with the waste hierarchy;
Amendment 783 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – point b
Article 8a – paragraph 4 – point b
(b) are modulated on the basis of the real end-of-life cost of individual products or groups of similar products, notablyinter alia by taking into account their re-usability and recyclabilitypairability, re- usability and the presence of hazardous substances, hereby taking a life-cycle approach and aligned with the requirements set by Union relevant legislation;
Amendment 855 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 1 a (new)
Article 9 – paragraph 1 – indent 1 a (new)
- encourage the use of by-products;
Amendment 917 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – indent 5 a (new)
Article 9 – paragraph 1 – indent 5 a (new)
- reduce the content of hazardous substances in materials and products where these substances cannot be managed safely in accordance with existing legislation on chemicals;
Amendment 942 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Member States shall monitor and assess the implementation of their food waste prevention measures by measuring levels of food waste on the basis of a common methodologies established in accordance with paragraph 4y. By 31 December 2016 at the latest, the Commission shall adopt a delegated act in accordance with Article 38a to establish the methodology, including minimum quality requirements, for uniform measurement of levels of food waste.
Amendment 1273 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive 2008/98/EC
Article 37 a (new)
Article 37 a (new)
Amendment 1295 #
Proposal for a directive
Article 1 – paragraph 1 – point 24 a (new)
Article 1 – paragraph 1 – point 24 a (new)
(24a) In Annex II, the following point is inserted: “R13 a: preposition for re-use.”