53 Amendments of Lorenzo FONTANA related to 2015/0275(COD)
Amendment 85 #
Proposal for a directive
Recital 6
Recital 6
(6) To ensure that recycling targets are based on reliable and comparable data and to enable more effective monitoring of progress in attaining those targets, the definition of municipal waste in Directive 2008/98/EC should be in line with the definition used for statistical purposes by the European Statistical Office and the Organisation for Economic Co-operation and Development, on the basis of which Member States have been reporting data for several years. The definition of municipal waste in this Directive is neutral with regard to the public or private status of the operator managing waste.
Amendment 91 #
Proposal for a directive
Recital 7
Recital 7
(7) Member States shcould put in place adequate incentives for the application of the waste hierarchy, in particular, by means of financial incentives aimed at achieving the waste prevention and recycling objectives of this Directive, such as landfill and incineration charges, pay as you throw schemes, extended producer responsibility schemes and incentives for local authorities.
Amendment 96 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to provide operators in markets for secondary raw materials with more certainty as to the waste or non-waste status of substances or objects and promote a level playing field, it is important to establish at the Union level harmonized conditions for substances or objects to be recognised as by-products and for waste that has undergone a recovery operation to be recognised as having ceased to be waste. Where necessary to ensure the smooth functioning of the internal market or a high level of environmental protection across the Union, the Commission should be empowered to adopt delegated acts establishing detailed criteria on the application of such harmonized conditions to certain waste, including for a specific use.
Amendment 106 #
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 can take appropriate measures to prevent waste generation and monitor and assess progress in the implementation of such measures. In order to ensure a uniform measurement of the overall progress in the implementation of waste prevention measures, common indicators should be established.
Amendment 125 #
Proposal for a directive
Recital 16
Recital 16
(16) Large differences exist between Member States with respect to their waste management performance, particularly as regards recycling of municipal waste. In order to take account of those differences, those Member States which in 2013 recycled less than 20% of their municipal waste according to Eurostat data should be given additional time to comply with the preparing for re-use and recycling targets established for 2025 and 2030. In light of average annual progression rates observed in Member States over the past fifteen years, those Member States would need to increase their recycling capacity at levels that are well-above past averages to meet those targets. In order to ensure that steady progress towards the targets is made and that implementation gaps are tackled in due time, Member States that are given additional time should meet interim-targets and establish an implementation plan.
Amendment 128 #
Proposal for a directive
Recital 18
Recital 18
(18) Member States should, for the purposes of calculating whether the preparation for re-use and recycling targets are achieved, be able to take into account products and components that are prepared for re-use by recognised re-use operators and by deposit-refund schemes and the recycling of metals that takes place in conjunction with incineration. In order to ensure a uniform calculation of this data, the CommissionMember States will adopt detailed rules on the determination of recognised preparation for re-use operators and deposit-refund schemes, on the quality criteria for recycled metals and on the collection, verification and reporting of data.
Amendment 130 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to ensure better, timelier and more uniform and timelier implementation of this Directive and anticipate implementation weaknesses, an early warning system progress estimation report should be established to detect shortcomings and allow taking action ahead of the deadlines for meeting the targets.
Amendment 149 #
Proposal for a directive
Recital 26
Recital 26
(26) To reduce regulatory burdens on small establishments or undertakings, simplification of registration requirements for small establishments or undertakings collecting or transporting small quantities of non-hazardous waste should be introduced. The threshold for quantities of such waste may need to be adapted by the Commission.
Amendment 151 #
Proposal for a directive
Recital 27
Recital 27
(27) Implementation reports prepared by Member States every three years have not proved to be an effective tool for verifying compliance and ensuring good implementation, and are generating unnecessary administrative burdens. It is therefore appropriate to repeal provisions obliging Member States to produce such reports. Instead compliance monitoring should be exclusively based on the statistical data which Member States report every three years to the Commission.
Amendment 161 #
Proposal for a directive
Recital 29
Recital 29
(29) In order to supplement or amend Directive 2008/98/EC, the power to adopt acts in accordance with Article 290 of the Treaty should be delegated to the Commission in respect of Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a(3)(b), 38(2) and 38(3). It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and the Council.
Amendment 163 #
Proposal for a directive
Recital 30
Recital 30
(30) In order to ensure uniform conditions for the implementation of Directive 2008/98/EC, implementing powers should be conferred on the Commission in respect of Articles 9(4), 9(5), 33(2), 35(5) and 37(6). Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council19 . __________________ 19 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28/02/2011, p. 13).
Amendment 171 #
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 – subparagraph 1 - introductory wording
Article 3 – point 1a – subparagraph 1 - introductory wording
1a. "municipal waste" means waste from households, as well as other waste which, because of its nature and composition, is similar to waste from household;
Amendment 192 #
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 17a
Article 3 – point 17a
17a. "final recycling process" means the recycling process which begins when no further mechanical sorting operation is needed and waste materialsconsidered to have ceased to be waste in accordance with Article 6 enter a production process and are effectively reprocessed into products, materials or substances;
Amendment 212 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/98/EC
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. Member States shallmay make use of adequate economic instruments to provide incentives for the application of the waste hierarchy.
Amendment 215 #
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2008/98/EC
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Member States shall report to the Commission the specific instruments put in place in accordance with this paragraph by [insert date eighteenthirty-six months after the entry into force of this Directive] and every five years following that date.
Amendment 221 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Directive 2008/98/EC
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 225 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point i a (new)
Article 1 – paragraph 1 – point 5 – point a – point i a (new)
Directive 2008/98/EC
Article 6 – paragraph 1 – subparagraph 1 - point c
Article 6 – paragraph 1 – subparagraph 1 - point c
(ia) point (c) is replaced by the following: '(c) the substance or object fulfils the technical requirements for the specific purposefinal recycling process and meets the existing legislation and standards applicable to products; and'
Amendment 226 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point a – point ii
Article 1 – paragraph 1 – point 5 – point a – point ii
Directive 2008/98/EC
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Amendment 227 #
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 6 – paragraph 2
Article 6 – paragraph 2
Amendment 231 #
Proposal for a directive
Article 1 – paragraph 1 – point 6 – point a
Article 1 – paragraph 1 – point 6 – point a
Directive 2008/98/EC
Article 7 – paragraph 1 – first sentence
Article 7 – paragraph 1 – first sentence
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a toMember States shall establish the list of waste.
Amendment 264 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 2
Article 8a – paragraph 2
2. Member States shall take the necessary measures to ensure that the waste holders targeted by the extended producer responsibility schemes established in accordance with Article 8, paragraph 1, are informed about the available waste collection systems and the prevention of littering. Member States shallmay also take measures to create incentives for the waste holders to take part in the separate collection systems in place, notably through economic incentives or regulations, when appropriate.
Amendment 275 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 4 – subparagraph 1– point a – introductory wording
Article 8a – paragraph 4 – subparagraph 1– point a – introductory wording
(a) cover the entirefollowing costs of waste management for the products it puts on the Union market, including all the following:
Amendment 291 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 6
Article 8a – paragraph 6
6. Member States shall establish a platform to ensure a regular dialogue between the stakeholders involved in the implementation of extended producer responsibility, including private or public waste operators, local authorities and, where applicable, recognised preparation for re-use operators and packaging sector.'
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 2008/98/EC
Article 8a – paragraph 7
Article 8a – paragraph 7
7. Member States shall take measures to ensure that extended producer responsibility schemes that have been established before [insert date eighteenthirty-six months after the entry into force of this Directive], comply with the provisions of this article within twenty-four months of that date.
Amendment 295 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 1 – introductory wording
Article 9 – paragraph 1 – introductory wording
1. Member States shallmay take measures to prevent waste generation. These measures shallmay:
Amendment 337 #
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 2008/98/EC
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The Commission may adopt implementing acts toMember States shall establish indicators to measure the overall progress in the implementation of waste prevention measures. In order to ensure uniform measurement of the levels of food waste, the Commission shall adopt an implementing act toMember States shall establish a common methodology, including minimum quality requirements. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 39(2).
Amendment 356 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Directive 2008/98/EC
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
Member States shall take measures to promote high quality recycling and, to this end, shall set up separate collection of waste where technically, environmentally and economically practicable and appropriate to meet the necessary quality standards for the relevant final recycling sectorprocesses and to attain the targets set out in paragraph 2.
Amendment 368 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point b a (new)
Article 1 – paragraph 1 – point 10 – point b a (new)
Directive 2008/98/EC
Article 11 – paragraph 2 – introductory wording
Article 11 – paragraph 2 – introductory wording
Amendment 369 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point d
Article 1 – paragraph 1 – point 10 – point d
Directive 2008/98/EC
Article 11 – paragraph 2 – point c
Article 11 – paragraph 2 – point c
Amendment 389 #
Proposal for a directive
Article 1 – paragraph 1 – point 10 – point e
Article 1 – paragraph 1 – point 10 – point e
Directive 2008/98/EC
Article 11 – paragraph 3 – subparagraph 1
Article 11 – paragraph 3 – subparagraph 1
Estonia, Greece, Croatia, Latvia, Malta, Romania and Slovakia may obtain five additional years for the attainment of the targets referred to in paragraph 2(c) and (d). The Member State shall notify the Commission of its intention to make use of this provision at the latest 24 months before the respective deadlines laid down in paragraphs 2(c) and (d). In the event of an extension, the Member State shall take the necessary measures to increase the preparing for re-use and the recycling of municipal waste to a minimum of 50% and 60% by weight, by 2025 and 2030 respectively30.
Amendment 399 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 2
Article 11a – paragraph 2
2. In order to ensure harmonised conditions for the application of paragraph 1(b) and (c) and of Annex VI, the Commission shall adopt delegated acts in accordance with Article 38aMember States shall establishing minimum quality and operational requirements for the determination of recognised preparation for re-use operators and deposit-refund schemes, including specific rules on data collection, verification and reporting.
Amendment 404 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 3 – point b
Article 11a – paragraph 3 – point b
(b) the weight of materials or substances that are not subject to a final recycling process and that are disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycledthe maximum threshold of impurities acceptable to operators carrying out a final recycling process, as set out in Annex Va. The Commission shall adopt delegated acts in accordance with Article 38a to establish the thresholds of impurities per waste stream.
Amendment 412 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2008/98/EC
Article 11a – paragraph 6
Article 11a – paragraph 6
6. In order to ensure harmonised conditions for the application of paragraph 5, the Commission shall adopt delegated acts in accordance with Article 38a establishing a commonFor the application of paragraph 5, Member States shall establish a methodology for the calculation of the weight of metals that have been recycled in conjunction with incineration, including, the quality criteria for the recycled metals.
Amendment 416 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11b – Title
Article 11b – Title
Amendment 418 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11b – paragraph 2 – introductory wording
Article 11b – paragraph 2 – introductory wording
2. The reports referred to in paragraph 1 shall be made publicly available and shall include the following:
Amendment 420 #
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2008/98/EC
Article 11b – paragraph 2 – point b
Article 11b – paragraph 2 – point b
Amendment 448 #
Proposal for a directive
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Directive 2008/98/EC
Article 26 –paragraph 2
Article 26 –paragraph 2
Amendment 451 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Directive 2008/98/EC
Article 27 – paragraph 1
Article 27 – paragraph 1
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a settingMember States shall set out technical minimum standards for treatment activities which require a permit pursuant to Article 23 where there is evidence that a benefit in terms of the protection of human health and the environment would be gained from such minimum standards.
Amendment 453 #
Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Directive 2008/98/EC
Article 27 – paragraph 4
Article 27 – paragraph 4
4. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a settingMember States shall set out the minimum standards for activities that require registration pursuant to points (a) and (b) of Article 26 where there is evidence that a benefit in terms of the protection of human health and the environment or in avoiding disruption to the internal market would be gained from such minimum standards.
Amendment 459 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point a
Article 1 – paragraph 1 – point 17 – point a
Directive 2008/98/EC
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
1. Member States shallmay establish waste prevention programmes setting out waste prevention measures in accordance with Articles 1, 4 and 9.
Amendment 464 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall report the data concerning the implementation of Article 9(4), Article 11(2)(a) to (d) and Article 11(3) for eachevery three calendar years to the Commission. They shall report this data electronically within 18 months of the end of the reporting yearthree year period for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 6. The first reporting shall cover the data for the period from 1 January 2020 to 31 December 20202.
Amendment 465 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 2
Article 37 – paragraph 2
Amendment 470 #
Proposal for a directive
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Directive 2008/98/EC
Article 37 – paragraph 5
Article 37 – paragraph 5
5. The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific non-binding recommendations for improvement. The report shall be drawn up every three years.
Amendment 474 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 1
Article 38 – paragraph 1
Amendment 475 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 1 – subparagraph 1
Article 38 – paragraph 1 – subparagraph 1
Amendment 477 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 1 – subparagraph 2
Article 38 – paragraph 1 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 38a to specify the application of the formula for incineration facilities referred to in point R1 of Annex II. Local climatic conditions mayshall be taken into account, such as the severity of the cold and the need for heating insofar as they influence the amounts of energy that can technically be used or produced in the form of electricity, heating, cooling or processing steam. Local conditions of the outermost regions as recognised in the third subparagraph of Article 349 of the Treaty on the Functioning of the European Union and of the territories mentioned in Article 25 of the 1985 Act of Accession mayshall also be taken into account.
Amendment 479 #
Proposal for a directive
Article 1 – paragraph 1 – point 22
Article 1 – paragraph 1 – point 22
Directive 2008/98/EC
Article 38 – paragraph 2
Article 38 – paragraph 2
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 38a to amend Annexes I to Va in the light of scientific and technical progress.
Amendment 483 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38a – paragraph 2
Article 38a – paragraph 2
2. The power to adopt the delegated acts referred to in Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a(3)(b), 38(2) and 38(3) shall be conferred on the Commission for an indeterminate period of timefive years from [enter date of entry into force of this Directive].
Amendment 484 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38a – paragraph 3
Article 38a – paragraph 3
3. The delegation of power referred to in Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a(3)(b), 38(2) and 38(3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 485 #
Proposal for a directive
Article 1 – paragraph 1 – point 23
Article 1 – paragraph 1 – point 23
Directive 2008/98/EC
Article 38a – paragraph 5
Article 38a – paragraph 5
5. A delegated act adopted pursuant to Articles 5(2), 6(2), 7(1), 11a(2), 11a(6), 26, 27(1), 27(4), 38(111a(3)(b), 38(2) and 38(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 487 #
Proposal for a directive
Article 1 – paragraph 1 – point 25
Article 1 – paragraph 1 – point 25
(25) Annexes Va and VI isare added in accordance with the Annex to this Directive.
Amendment 489 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1
Article 2 – paragraph 1 – subparagraph 1
Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [insert date eighteenthirty-six months after the entry into force of this Directive] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 490 #
Proposal for a directive
Annex -I (new)
Annex -I (new)
Directive 2008/98/EC
Annex Va (new)
Annex Va (new)
The following Annex is added: “ANNEX Va Thresholds of impurities per waste stream for the purpose of Article 11a(3)(b) [...]”