2005/0281(COD) | [ParlTrack]

Article 3 – point 19 a (new)

19a) "pretreatment" means any operation which can be performed for the purpose of transport, storage, recovery or disposal in an environmentally sound manner whose product is waste requiring further treatment.

Amendment 101 #

Article 3 – point 19 b (new)

19b) "organisation coordinating treatment" means any independent organisation set up to administer the obligations of manufacturers and distributors relating to return and recovery, which organisation, in return for payment, assumes the obligations from manufacturers and distributors, subject to contractual conditions; it organises and coordinates the return and recovery or disposal of the waste for which it is responsible.

Amendment 102 #

Article 3 – point 19 c (new)

19c) "secondary raw material" means waste which has undergone a recovery operation and complies with the criteria laid down for the type of material.

Amendment 104 #

Article 4

1. A substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in point (1) of Article 3 but as being a by-product only if the following conditions are met: (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processdeleted Or. fr for clarifying other than normal industrial practice; (c) the substance or object is produced as an integral part of a production process; and (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. 2. On the basis of the conditions laid down in paragraph 1, measures may be adopted to determine the criteria to be met for specific substances or objects to be regarded as a by-product and not as waste referred to in point (1) of Article 3. These measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). (The guidelines published by the Commission (21 February 2007) are the relevant frameworkis issue and avoiding potential legal proceedings.)

Amendment 105 #

Johannes BLOKLAND

Article 4

1. A substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in point (1) of Article 3 but as being a by-product only if the ~~following~~ conditions ~~are met: (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processing other than normal industrial practice; (c) the~~of Annex –Ia are met. 2. Annex –Ia can be amended to determine the criteria to be met for specific substances or object is produced as an integral part of a production process; and (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. 2. On the basis of the conditions laid down in paragraph 1, measures may be adopted to determine the criteria to be met for specific substances or objects to be regarded as to be regarded as a by-product and not as waste referred to in point (1) of Article 3. Where there is still doubt, additional measures may be adopted to clarify whether a substance is a by-product ~~and not~~or as waste ~~referred to in point (1) of Article 3. These measures~~. These measures, including environmental and quality criteria, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). ~~(Accord~~3. A by-product ing t~~o article 62(1)d of the rules of procedure, the communication of the Commission (COM(2007)59 of 21 February 2007) can be regarded as a new fact which has arisen since~~he framework of this Directive is not a waste and may therefore be regarded as a product. Or. en the first reading (13 February 2007).)

Amendment 106 #

Article 4

1. A substance or object, resulting from a production process, the primary aim of which is not the production of that item, may be regarded as not being waste referred to in point (1) of Article 3 but as being a by-product only if the following conditions are met: (a) further use of the substance or object is certain; (b) the substance or object can be used directly without any further processing other than normal industrial practice; (c) the substance or object is produced as an integral part of a production process; and (d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. 2. On the basis of the conditions laid down in paragraph 1, measures may be adopted to determine the criteria to be met for specific substances or objects to be regarded as a by-product and not as waste referred to in point (1) of Article 3. These measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). (The Commission published its Interpretative Communication on by-products after the firstdeleted Or. en reading of the European Parliament. This can be considered as a new fact.)

Amendment 107 #

Marcello VERNOLA

Article 4 – paragraph 1

Amendment 108 #

Article 4 – paragraph 1 - point (a)

(a) further use of the substance or object is certain; and a market for this exists,

Amendment 109 #

Article 4 – paragraph 1 - point (b)

(b) the substance or object can be used directly without any further processing other than normal industrial practice; , in which connection pollutants specific to the waste must be taken into account, Or. de (The common position contains a new article on by-products)

Amendment 110 #

Article 4 – paragraph 1 - point (c)

(c) the substance or object is produced as an integral part of a production process with quality assurance in a defined composition or with defined specifications; and

Amendment 111 #

Article 4 – paragraph 1 - point (d)

(d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts. Measures must be taken to ensure that pollutants specific to the waste do not enter the materials cycle in quantities such as to endanger health or the environment. Or. de (The common position contains a new article on by-products)

Amendment 112 #

Marcello VERNOLA

Article 4 – paragraph 1 - point (d)

(d) further use is lawful, i.e. the substance or object fulfils all relevant product, environmental and health protection requirements for the specific use ~~and will not lead to overall adverse environmental or human health impacts~~.

Amendment 113 #

Article 4 – paragraph 1 - point (d)

(d) further use is lawful, i.e. the ~~substance or object fulfils all relevant product, environmental and health protection requirements for the specific use and will not lead to overall adverse environmental or human health impacts~~by-product may not be something that the manufacturer is obliged to discard or for which the intended use is forbidden under EU or national law.

Amendment 114 #

Article 4 – paragraph 2

2. On the basis of the conditions laid down in paragraph 1, ~~measures may be adopted to determine the~~the Commission shall put forward a legislative proposal to determine environmental and quality criteria to be met for specific substances or objects to be regarded as a by-product and not as waste referred to in point (1) of Article 3. These measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). (Partial reintroduction of amendment 107/121 and of amendment 7 from first reading)In the absence of such criteria at Community level or applicable jurisprudence, the substances, materials or objects concerned shall continue to be considered a waste. Or. en

Amendment 115 #

Article 4 – paragraph 2

2. OThe Commission may, on the basis of the conditions laid down in paragraph 1, ~~measures may be adopted to determine the criteria to be met fo~~and having had particular regard to the precautionary principle, environment and health concerns as well as conditions established in the jurisprudence, adopt measures to determine whether specific substances or objects tomay be regarded as a by-product and not as a waste referred to in point (1) of Article 3. These measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). These measures shall be adopted either by a legislative proposal or in accordance with the regulatory procedure with scrutiny referred to in Article 36(2) as appropriate. In the absence of such measures adopted at EU level or applicable case-specific European jurisprudence, the materials or substances concerned should continue to be considered waste.

Amendment 116 #

Article 4 – paragraph 2 a (new)

2a. Paragraphs 1 and 2 shall not be applicable for the purpose of trans- boundary shipments to third countries. Or. en (New amendment to address an oversight in first reading so as to ensure coherence with international obligations)

Amendment 117 #

Article 5 – paragraph 1 – subparagraph 1

1. ~~Certain specified waste shall cease to be waste within the meaning of point (1) of Article 3~~Member States may request the Commission to determine whether, by way of exception, a given waste has ceased to be a waste when it has undergone a recovery operation for recycling purposes and complies with specific criteria to be developed in accordance with the following conditions: (a) the substance or object is commonly used for athe specific purposes; (b) a market ~~or demand~~ exists for such a substance or object; (c) the substance or object fulfils the technical requirements for the specific purpose ~~referred to in (a)~~ and meets the existing legislation and standards applicable to products; and (d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

Amendment 118 #

Johannes BLOKLAND

Article 5 – paragraph 1 – subparagraph 1

1. ~~Certain specified~~Member States may request the Commission to determine whether, by way of exception, a given waste shalls ceased to be waste within the meaning of point (1) of Article 3 when it has undergone a recovery operation and complies with specific criteria to be developed in accordance with the following conditions: (a) the substance or object is commonly used for a specific purpose; (b) a market or demand exists for such a substance or object; (c) the substance or object fulfils the technical requirements for the specific purpose referred to in (a) and meets the existing legislation and standards applicable to products; and (d) the use of the substance or object will not lead to overall adverse environmental or human health impacts.

Amendment 32 #

Recital 1

(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste establishes the legislative framework for the handling of waste in the Community. It defines key concepts such as waste, recovery and disposal and puts in place the essential requirements for the management of waste, notably an obligation for an establishment or undertaking carrying out waste management operations to have a permit or to be registered and an obligation for the Member States to draw up waste management plans. It also establishes major principles such as an obligation to handle waste in a way that does not have a negative impact on the environment and human health, ~~an encouragement to apply~~ the waste hierarchy and, in accordance with the polluter-pays principle, a requirement that the costs of disposing of waste must be borne by the holder of waste, by previous holders or by the producers of the product from which the waste came. Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure)

Amendment 33 #

Recital 1 a (new)

(1a) The first objective of any waste policy should be to minimise the negative effects of the generation and management of waste on human health and the environment. In this respect waste legislation should also aim at reducing the use of resources and, as it is one of the most efficient ways of reducing greenhouse gas emissions, fully contribute to the fulfilment of the EU’s climate change objectives. Waste legislation should also favour the practical application of the waste hierarchy. Or. en (This amendment is adding to the rapporteur’s amendment 1 the relevance of waste legislation for climate change mitigation.)

Amendment 34 #

Recital 8

(8) Effective and consistent rules on waste treatment should be applied, subject to certain exceptions, to movable ~~property~~substances and objects which the holder discards or intends or is required to discard. Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure)

Amendment 35 #

Recital 9 a (new)

(9a) In order to ensure comprehensive and precautionary soil protection, Member States may – despite exclusion from the scope of this Directive – also regulate soil (particularly contaminated soil) at national level in their law on waste. Or. de (III)

Amendment 36 #

Recital 12

(12) The classification of waste as hazardous waste should be based, inter- alia, on the Community legislation on chemicals, in particular concerning the classification of preparations as hazardous, including concentration limit values used for that purpose. Furthermore, it is necessary to maintain the system by which waste and hazardous waste have been classified in accordance with the list of the types of waste as last estHazardous wastes are qualified by hazard and risk criteria. As a result, they need to be regulated under strict specifications in order to prevent or limit, as far as possible, negative effects due to inappropriate management which may affect the environment and give rise to risks to human health and safety. Because of their hazardous properties, hazardous wastes need an appropriate management which involves specific and adapted collection and treatment techniques, particular controls and dedicated waste traceabili~~shed by Commission Decision 2000/532/EC, in order to encourage a harmonised classification of waste and ensure the harmonised determination of hazardous waste within the Community.~~ ty modalities. All hazardous waste operators need to have adequate qualifications and training. Or. en (Amendment 11 adopted at First Reading)

Amendment 37 #

Recital 12

(12) The classification of waste as hazardous waste should be based, inter- alia, on the Community legislation on chemicals, in particular concerning the classification of preparations as hazardous, including concentration limit values used for that purpose. Furthermore, it is necessary to maintain the system by which waste and hazardous waste have been classifiHazardous wastes are qualified by hazard and risk criteria. As a result, they need to be regulated under strict specifications in order to prevent or limit, as far as possible, negative effects due to inappropriate management which may affect the environment, and to prevent risks to human health and safety. Because of their hazardous properties, hazardous wastes need ian accordance with the list of the types of waste as last established by Commission Decision 2000/532/EC, in order to encourage a harmonised classification of waste and ensure the harmonised determination of hazardous waste within the Communityppropriate management which involves specific and adapted collection and treatment techniques, particular controls and dedicated waste traceability modalities. All hazardous waste operators need to have adequate qualifications and training.

Amendment 38 #

Recital 12

(12) The classification of waste as hazardous waste should be based, inter- alia, on the Community legislation on chemicals, in particular concerning the classification of preparations as hazardous, including concentration limit values used for that purpose. Furthermore, it is necessary to maintain the system by which waste and hazardous waste have been classified in accordance with the list of the types of waste as last estHazardous wastes are qualified by hazard and risk criteria. As a result, they must be subject to strict specifications in order to prevent or limit, as far as possible, negative effects due to inappropriate management which may affect the environment, and to prevent risks to human health and safety. Because of their hazardous properties, hazardous wastes need an appropriate management which involves specific and adapted collection and treatment techniques, particular controls and dedicated waste traceabili~~shed by Commission Decision 2000/532/EC , in ord~~ty modalities. All hazardous waste oper ato ~~encourage a harmonised classification of waste and ensure the harmonised determination of hazardous waste within the Community.~~ rs need to have adequate qualifications and training. Or. fr (Reinstatement of Amendment 11 adopted at first reading)

Amendment 39 #

Recital 12 a (new)

(12a) Hazardous wastes need to be regulated under strict specifications in order to prevent negative effects due to inappropriate management which may affect the environment, and to prevent risks to human health and safety. Because of their hazardous properties, hazardous wastes need an appropriate management which involves specific and adapted collection and treatment techniques, particular controls and dedicated waste traceability modalities. All hazardous waste operators need to have adequate qualifications and training. Or. en (Reinstatement of amendment 11 from first reading in modified form)

Amendment 40 #

Recital 17

(17) The definitions of recovery and disposal need to be modified in order to ensure a clear distinction between the two concepts, based on a genuine difference in environmental impact through the substitution of natural resources in the economy and recognising the potential benefits to the environment and human health of using waste as a resource. In addition, ~~guidelines may~~criteria should be developed in order to clarify cases where this distinction is difficult to apply in practice or where the classification of the activity as recovery does not match the real environmental impact of the operation. ~~(New~~Or. en amendment ~~based on Rule 62(2)(c) of the Rules of Procedure, and in line with~~38/108/157/140/141 from first reading)

Amendment 41 #

Recital 17 a (new)

(17a) Worthwhile and environmentally sound recycling requires, inter alia, compliance with the conditions laid down in this directive on the basis of which the criteria for the end of waste status can be determined.

Amendment 42 #

Recital 18

~~(18) This Directive should also clarify when the incineration of municipal solid waste is energy-efficient and may be considered a recovery operation.~~ deleted Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure, and in line with amendment 83 from first reading)

Amendment 43 #

Recital 20

(20) There should be no confusion between the various aspects of the waste definition, and appropriate procedures should be applied, where necessary, to by-products that are not waste, on the one hand, or to waste that ceases to be waste, on the other hand. In order to specify certain aspects of the definition of waste, this Directive should clarify: – when substances or objects resulting from a production process not primarily aimed at producing such substances or objects are by-products and not waste. The decision that a substance is not waste can be taken only on the basis of a coordinated approach, to be regularly updated, and where this is consistent with the protection of the environment and human health. If the use of a by-product is allowed under an environmental licence or general environmental rules, this can be used by Member States as a tool to decide that no overall adverse environmental or human health impacts are expected to occur, and – when certain waste ceases to be waste, laying down end-of-waste criteria that provide a high level of environmental protection and an environmental and economic benefit; possible categories of waste for which "end-of-waste" specifications and criteria should be developed are, among others, construction and demolition waste, some ashes and slags, scrap metals, compost, waste paper and glass. ~~For the purposes of reaching e~~The concepts of by-products and- of- waste status, a recovery operation may be as simple as the checking of waste to verify that it fulfils the end-of-waste criteria. (First part is a new amendment based on Rule 62(2)(c) of the Rules of Procedure, second part is new to address an oversight in first reading so as to ensure coherence with internthat ceases to be a waste do not apply for the purpose of trans-boundary shipments to third countries. Or. en obligationals.)

Amendment 44 #

Jules MAATEN

Recital 20

(20) There should be no confusion between the various aspects of the waste definition, and appropriate procedures should be applied, where necessary, to by-products that are not waste, on the one hand, or to waste that ceases to be waste, on the other hand. In order to specify certain aspects of the definition of waste, this Directive should clarify: – when substances or objects resulting from a production process not primarily aimed at producing such substances or objects are by-products and not waste. The decision that a substance is not waste can be taken only on the basis of a coordinated approach, to be regularly updated, and where this is consistent with the protection of the environment and human health. If the use of a by-product is allowed under an environmental licence or general environmental rules, this can be used by Member States as a tool to decide that no overall adverse environmental or human health impacts are expected to occur, and – when certain waste ceases to be waste, laying down end-of-waste criteria that provide a high level of environmental protection and an environmental and economic benefit; possible categories of waste for which "end-of-waste" specifications and criteria should be developed are, among others, construction and demolition waste, some ashes ~~and slags~~, scrap metals, compost, waste paper and glass. For the purposes of reaching end-of-waste status, a recovery operation may be as simple as the checking of waste to verify that it fulfils the end-of-waste criteria.

Amendment 45 #

Recital 20

(20) There should be no confusion between the various aspects of the waste definition, and appropriate procedures should be applied~~, where necessary, to by-products that are not waste, on the one hand, or~~ to waste that ceases to be waste~~, on the other hand~~. In order to specify certain aspects of the definition of waste, this Directive should clarify: - when substances or objects resulting from a production process not primarily aimed at producing such substances or objects are by-products and not waste. The decision that a substance is not waste can be taken only on the basis of a coordinated approach, to be regularly updated, and where this is consistent with the protection of the environment and human health. If the use of a by-product is allowed under an environmental licence or general environmental rules, this can be used by Member States as a tool to decide that no overall adverse environmental or human health impacts are expected to occur, and - when certain waste ceases to be waste, laying down end-of-waste criteria that provide a high level of environmental protection and an environmental and economic benefit; possible categories of waste for which "end-of-waste" specifications and criteria should be developed are, among others, construction and demolition waste, some ashes and slags, scrap metals, compost, waste paper and glass. For the purposes of reaching end-of-waste status, a recovery operation may be as simple as the checking of waste to verify that it fulfils the end-of-waste criteria.

Amendment 46 #

Adriana POLI BORTONE

Recital 20

(20) There should be no confusion between the various aspects of the waste definition, and appropriate procedures should be applied, where necessary, to by-products that are not waste, on the one hand, or to waste that ceases to be waste, on the other hand. In order to specify certain aspects of the definition of waste, this Directive should clarify: – when substances or objects resulting from a production process not primarily aimed at producing such substances or objects are by-products and not waste. The decision that a substance is not waste can be taken only on the basis of a coordinated approach, to be regularly updated, and where this is consistent with the protection of the environment and human health. If the use of a by-product is allowed under an environmental licence or general environmental rules, this can be used by Member States as a tool to decide that no overall adverse environmental or human health impacts are expected to occur, and – when certain waste ceases to be waste, laying down end-of-waste criteria that provide a high level of environmental protection and an environmental and economic benefit; possible categories of waste for which "end-of-waste" specifications and criteria should be developed are, among others, construction and demolition waste, some ashes and slags, scrap metals, compost, waste paper and glass as well as other selected categories of waste which are clearly identifiable, also by means of existing European technical standards. For the purposes of reaching end-of-waste status, a recovery operation may be as simple as the checking of waste to verify that it fulfils the end-of-waste criteria.

Amendment 47 #

Vittorio PRODI

Recital 20

(20) There should be no confusion between the various aspects of the waste definition, and appropriate procedures should be applied, where necessary, to by-products that are not waste, on the one hand, or to waste that ceases to be waste, on the other hand. In order to specify certain aspects of the definition of waste, this Directive should clarify: – when substances or objects resulting from a production process not primarily aimed at producing such substances or objects are by-products and not waste. The decision that a substance is not waste can be taken only on the basis of a coordinated approach, to be regularly updated, and where this is consistent with the protection of the environment and human health. If the use of a by-product is allowed under an environmental licence or general environmental rules, this can be used by Member States as a tool to decide that no overall adverse environmental or human health impacts are expected to occur, and – when certain waste ceases to be waste, laying down end-of-waste criteria that provide a high level of environmental protection and an environmental and economic benefit; possible categories of waste for which "end-of-waste" specifications and criteria should be developed are, among others, construction and demolition waste, some ashes and slags, scrap metals, compost, waste paper and glass and classified alternative fuels with a high content of non-virgin biomass. For the purposes of reaching end- of-waste status, a recovery operation may be as simple as the checking of waste to verify that it fulfils the end-of-waste criteria.

Amendment 48 #

Recital 20 a (new)

~~(The common position amends the article on end of waste status. This renders a clarification~~(20a) The end of waste status must not overall have a harmful impact on the environment or health due to the use of the substance or object. This means at all events that secondary products must not contain significantly higher levels of pollutants than comparable primary raw materials. A quality certification system must be used to apply this criterion. Or. de necessary.)

Amendment 49 #

Recital 22

(22) On the basis of the definition of waste, in order to promote certainty and consistency, the Commission ~~may~~should adopt ~~guidelin~~measures to specify in certain cases when substances or objects become waste. Such ~~guidelines may~~measures should be developed inter alia for electrical and electronic equipment and vehicles.

Amendment 50 #

Recital 22

(22) On the basis of the definition of waste, in order to promote certainty and consistency, the Commission may adopt guidelines to specify in certain cases when substances or objects become waste. Such guidelines mashould urgently be developed inter alia for electrical and electronic equipment and vehicles. to close the loopholes in waste shipment legislation. Or. en (New amendment based on Rule 62(2)(c) of the Rules of Procedure)

Amendment 51 #

Recital 26

(26) This Directive should help move the EU closer to a "recycling society", seeking to avoid waste generation and to use waste as a resource. In particular, the Sixth Community Environment Action Programme calls for measures aimed at ensuring the source separation, collection and recycling of priority waste streams. In line with that objective and as a means to facilitating or improving its recovery potential, waste should be separately collected and hazardous compounds should be separated from waste streams, if technically, environmentally and economically practicable, before undergoing recovery operations that deliver the best overall environmental outcome. ~~(New amendment based on Rule 62(2)(c) of the Rules of Procedure in line with amendment 54~~Or. en from first reading)

Amendment 52 #

Recital 26 a (new)

(26a) Member States should not support incineration of secondary raw materials (segregated recyclates such as recovered paper), in line with the aim of a recycling society.

Amendment 53 #

Cristiana MUSCARDINI

Recital 26 a (new)

(26a) While maintaining the necessary level of environmental protection, Member States should ensure sufficient and cost-effective management options for waste arising from recycling operations in recognition of the key contribution of the recycling installations in reducing final disposal. Such residual waste represents an important bottleneck for further increases in recycling capacities and the competent authorities should take the necessary action in line with the aim of achieving the 'recycling society'. Or. en (Am. 9 EP 1st reading)

Amendment 54 #

Recital 26 b (new)

(26b) While maintaining the necessary level of environmental protection, Member States should ensure sufficient and cost-effective management options for waste arising from recycling operations in recognition of the key contribution of the recycling installations in reducing final disposal. Such residual waste represents an important bottleneck for further increases in recycling capacities and the competent authorities should take the necessary action in line with the aim of achieving the 'recycling society'. Or. en (EP 1st reading Amendment 9)

Amendment 55 #

Recital 28

(28) The waste hierarchy generally lays down a priority order of what constitutes the best overall environmental option in waste legislation and policy, while departing from such hierarchy may be necessary for specific waste streams when justified for reasons of, inter alia, technical feasibility, economic viability and environmental protection. Or. en (New amendment based on Rule 62(2)((c) of the Rules of Procedure)

Amendment 56 #

Recital 28 a (new)

(28a) Support for renewable energy should be consistent with other Community objectives, in particular respect for the waste treatment hierarchy. Therefore, the incineration of non- separated municipal waste should not be promoted under support systems for renewable energy if such promotion were to undermine the hierarchy.

Amendment 57 #

Recital 29

(29) ~~It is necessary, in order to enable the Community as a whole to become self- sufficient in~~According to the proximity principle, waste for disposal ~~and in the recovery of mixed municipal waste collected from~~ should be treated in one of the nearest approprivate ~~households and to enable the Member States to move towards that aim individually, to make provisio~~installations, by means of the most appropriate methods and technologies in for ~~a network of cooperation as regards disposal installations and installa~~der to ensure a high level of protections for the ~~recovery of mixed municipal waste collected from~~ environment and public health. Each Member State should take approprivate ~~households, taking into account geographical circumstances and the need for specialised~~measures, in cooperation with other Member States, to establish an integrated and adequate network of disposal installations, ~~for cer~~takin ~~types of waste. (Spirit of EP 1st reading amendment 109)~~g account of the best available techniques. Or. en

Amendment 58 #

Recital 32

(32) It is important, in accordance with the waste hierarchy, and for the purpose of reduction of greenhouse gas emissions originating from waste disposal on landfills, to facilitate the separate collection and proper treatment of bio- waste in order to produce environmentally-safe compost and other bio-waste based materials. T~~he Commission, after an assessment on th~~o this end, specific criteria for the collection, use man~~age~~d treatment of bio-waste~~, will submit proposals for legislative measures, if appropriat~~ should be set in this Directive.

Amendment 59 #

Recital 32

(32) It is important, in accordance with the waste hierarchy, and for the purpose of reduction of greenhouse gas emissions originating from waste disposal on landfills, to ~~facilitat~~ensure the separate collection and proper treatment of bio- waste in order to produce environmentally-safe compost and other bio-waste based materials. Member States should set up separate collection systems for bio-waste. The Commission, after an assessment on the management of bio-waste, will submit proposals for legislative ~~measure~~targets, if appropriate. ~~(New~~Or. en amendment ~~based on Rule 62(2)(c) of the Rules of Procedure, and in line with~~112/138 from first reading)

Amendment 60 #

Recital 36

(36) According to Regulation (EC) No 1013/2006, Member States may take the measures necessary to prevent shipments of waste which are not in accordance with their waste management plans. By way of derogation from that Regulation, Member States should be allowed to limit incoming shipments to incinerators ~~classified as recovery~~, where it has been established that national waste would have to be disposed of or that waste would have to be treated in a way that is not consistent with their waste management plans. It is recognised that certain Member States may not be able to provide a network comprising the full range of final recovery facilities within their territory. ~~(New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendment~~Or. en 83 from first reading)

Amendment 61 #

Recital 37

(37) In order to improve the way in which waste prevention actions are taken forward in the Member States and to facilitate the circulation of best practice in this area, it is necessary to ~~strengthen the provision~~adopt Community targets and measures relating to waste prevention and to introduce a requirement for the Member States to develop waste prevention programmes concentrating on the key environmental impacts and taking into account the whole life-cycle of products and materials. Such measures should pursue the objective of breaking the link between economic growth and the growth in waste volumes as well as the environmental and health impacts associated with the generation of waste~~. Stakeholders, as well as~~, by achieving a net reduction of waste generation, its harmfulness and its adverse impacts. Local and regional authorities, as well as stakeholders and the general public, should have the opportunity to participate in the drawing up of the programmes, and should have access to them once drawn up, in line with Directive 2003/35/EC of the European Parliament and of the Council of 26 May 2003 providing for public participation in respect of the drawing up of certain plans and programmes relating to the environment. Or. en (Reintroduction of amendment 10 of first reading)

Amendment 62 #

Recital 40

(40) In the interests of the simplification of Community legislation ~~and the reflection of environmental benefits~~, the relevant provisions of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils should be integrated into this Directive. Directive 75/439/EEC should therefore be repealed. The management of waste oils should be conducted in accordance with the guiding principle of the waste hierarchy, and preference should be given to options that deliver the best overall environmental outcome. The separate collection of waste oils remains crucial to their proper management and the prevention of damage to the environment from their improper disposal. Or. en (New amendment based on Rule 62(2)((c) of the Rules of Procedure)

Amendment 63 #

Recital 43

(43) In particular, power should be conferred on the Commission to establish criteria ~~regarding a number of issues such as the conditions under which an object is to be considered a by-product, the end-of- waste status and~~for the determination of waste which is considered as hazardous. Furthermore, power should be conferred on the Commission to adapt the annexes to technical and scientific progress ~~and to specify the application of the formula for incineration facilities referred to in Annex II, R1~~. Since those measures are of general scope and are designed to amend non- essential elements of this Directive and to supplement it by the addition of new non-essential elements, they must be adopted in accordance with the regulatory procedure with scrutiny provided for in Article 5a of Decision 1999/468/EC. ~~(New amendment based on Rule 62(2)((c) of the Rules of Procedure, in line with amendments~~Or. en 107/121, 45 and 83 of first reading)

Amendment 64 #

Article 1

~~Subject matter and scope This Directive lays down measure~~Purpose and scope The purpose of this Directive is to protect the environment and human health by laying down measures to prevent~~ing~~ or reduc~~ing~~e the adverse impacts of the generation and management of waste and by reducing overall impacts of resource use and improving the efficiency of such use.

Amendment 65 #

Article 1 – paragraphs 1 a and 1 b (new)

1a. For these purposes, the following waste hierarchy shall apply as a general rule in waste prevention and management legislation and policy: (a) prevention and reduction; (b) preparing for re-use; (c) recycling; (d) other recovery, e.g. energy recovery; and (e) disposal. 1b. When applying the waste hierarchy referred to in paragraph 1a, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle assessments on the overall impacts of the generation and management of such waste. Member States shall ensure that this is a full and transparent process, observing national planning rules about the consultation and involvement of citizens and stakeholders. Member States shall take into account the objective of sustainable development and the general environmental protection principles of precaution, preventive action, remediation of environmental damage at source and the polluter pays principle. They shall also take account of technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with this Article and Article 10. Or. en (Based on amendment 101/14 from first reading)

Amendment 66 #

Lambert van NISTELROOIJ, Jules MAATEN

Article 2 – paragraph 1 – point (b)

~~(b) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land;~~ deleted Or. en (Partial reinstatement of amendment 15/134/102/123/126 of first reading)

Amendment 67 #

Article 2 – paragraph 1 – point (b)

(b) land (in situ) including unexcavated contaminated soil and buildings and other fixed structures permanently connected with land;

Amendment 68 #

Article 2 – paragraph 1 – point (c)

(c) uncontaminated excavated soil and other naturally occurring material ~~excavated in the course of construction activities~~ where it is certain that the material will be used ~~for the purposes of construction~~ in its natural state on the site from which it was excavated or another site;

Amendment 69 #

Article 2 – paragraph 1 – point (c)

(c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated, on condition that these natural geological materials do not have any characteristics which are likely to result in a notable impact on the receiving environment;

Amendment 70 #

Article 2 – paragraph 1 – point (c)

(c) uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated;excavated materials which can be used, either on the same site or on another site.

Amendment 71 #

Avril DOYLE

Article 2 – paragraph 1 – point (c)

Amendment 72 #

Article 2 – paragraph 2 – sentence 1

2. The following shall be excluded from the scope of this Directive ~~to the extent that~~if they are covered by other Community legislation:

Amendment 73 #

Article 2 – paragraph 2 – point (a a) (new)

(aa) land (in situ) including unexcavated contaminated soil and buildings permanently connected with land; Or. en (Partial reinstatement of amendment 15/134/102/123/126 of first reading)

Amendment 74 #

Article 2 – paragraph 2 – point (b)

(b) animal by-products including processed products covered by Regulation (EC) No 1774/2002~~, except those which are destined for incineration, landfilling or use in a biogas or composting plant~~;

Amendment 75 #

Article 2 – paragraph 2 – point (b)

(b) manure, unused food products and animal by-products including processed products covered by Regulation (EC) No 1774/2002 also used in combined biogas and fertilizer production, except those by- products which are destined for incineration, or landfilling ~~or use in a biogas or composting plant~~;

Amendment 76 #

Article 2 – paragraph 2 – point (d)

(d) waste resulting from prospecting, extraction, treatment and storage of mineral r~~esource~~aw materials and the working of quarries covered by Directive 2006/21/EC.

Amendment 77 #

Article 3 – point 4

4) "bio-waste" means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from ~~food~~the processing ~~plan~~of agricultural and forestry products;

Amendment 78 #

Article 3 – point 4

4) "bio-waste" means ~~biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants~~waste of animal or plant origin, for recovery purposes, which can be decomposed by micro-organisms, soil-borne living organisms or enzymes; soil material with no significant bio-waste content and plant remains from agricultural production falling within the scope of Article 2(1)(f) are not bio-waste;

Amendment 79 #

Article 3 – point 10 a (new)

10a) "separate collection" means the collection where a waste stream is kept separately by type and nature of the waste and is separately collected and transported;

Amendment 80 #

Cristiana MUSCARDINI

Article 3 – point 10 a (new)

10a) "separate collection" means the collection where a waste stream is kept separately by type and nature of the waste and is separately collected and transported;

Amendment 81 #

Article 3 – point 11, point (c)

Amendment 82 #

Article 3 – point 13 a (new)

13a. "Reprocessing before recovery or disposal" refers to actions which precede final recovery or disposal of waste, such as sorting, crushing, compacting, pelletising, drying, shredding, conditioning, mixing or separating; the Commission, acting in accordance with the procedure laid down in Article 251 of the Treaty, shall submit by … a proposal for a legal act on the adoption of implementing measures to establish environmental and efficiency criteria on the basis of which the reprocessing can, in view of its outcome, be regarded as a recovery procedure. Or. de Based on Article 3(i) at first reading

Amendment 83 #

Article 3 – point 14

(14) "recovery" means a~~ny operation the principal result of which is~~ waste treatment operation that meets the following criteria: (a) results in waste substituting for other resources that would have been used to fulfil that function or in it being prepared for such use; (b) results in waste serving a ~~useful~~genuine purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non-exhaustive list of recovery operations; (First part is a reinstatement of amendment 127 from first reading, the last paragraph is athat substitution; (c) meets any efficiency criteria, established in accordance with Article 35 (1); (d) decreases the overall negative environmental impacts by using waste as a substitute for other resources; (e) ensures that the products comply with the applicable Community safety legislation and Community standards; (f) gives a high priority to the protection of human health and the environment and minimises the formation, release, and dispersal of hazardous substances in the process. Annex II sets out a harmonised and revisable list of recovery operations; Or. en new amendment based on Rule 62(2)(c) of the Rules of Procedure.)

Amendment 84 #

Johannes BLOKLAND

Article 3 – point 14

(14) "recovery" means a~~ny operation the principal result of which is~~ waste treatment operation that meets the following criteria: 1) results in waste substituting for other resources that would have been used to fulfil that function, in the plant, or in it being prepared for such use; 2) results in waste serving a ~~useful~~genuine purpose by ~~replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy.~~ that substitution; 3) meets any efficiency criteria, established in accordance with Article 35 (1); 4) decreases the overall negative environmental impacts by using waste as a substitute for other resources; 5) ensures that the products comply with the applicable Community safety legislation and Community standards; 6) gives a high priority to the protection of human health and the environment and minimises the formation, release, and dispersal of hazardous substances in the process. Annex II sets out an ~~non-~~exhaustive list of recovery operations. A preparation operation should only then be approved as recovery if it serves to prepare the waste for subsequent recovery or recycling taking Article 16 into account and, at the same time, it is certain from the outset that all or the predominant amount of the prepared waste will always go to recovery or recycling;

Amendment 85 #

Article 3 – point 14

14) "recovery" means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a non -exhaustive list of recovery operations. Reprocessing shall only be recognised as recovery if it is designed to prepare the waste for subsequent recovery or reuse in accordance with Article 16 and it is certain in advance that all or nearly all of the reprocessed waste will always be recovered or reused;

Amendment 86 #

Article 3 – point 14

14) "recovery" means any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy. Annex II sets out a ~~non-exhaustive~~common list of recovery operations; it shall be evaluated and revised regularly in the light of scientific and technological progress;

Amendment 87 #

Article 3 – point 14

Amendment 88 #

Article 3 – point 14

14. "recovery" means any operation the principal ~~result~~purpose of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy~~. Annex II sets out a non-exhaustive list of recovery operations;~~ , while reducing damaging overall impacts on the environment and taking account of the protect of human health. At the same time, attention should be devoted to sustainable use of materials, with special reference to impacts on the environment and health. Annex II sets out a non-exhaustive list of recovery operations; Or. de The amendment is based on Amendments 6 and 127 from 1st reading

Amendment 89 #

Caroline JACKSON, Bairbre de BRÚN, Mojca DRČAR MURKO, Jill EVANS, Johannes BLOKLAND

Article 3 – point 14 – subparagraph 1 a (new)

At the same time, attention should be devoted to sustainable use of materials, with special reference to impacts on the environment and health.

Amendment 90 #

Article 3, point 16

16) "recycling" means ~~any recovery operation by which waste materials are reprocessed into~~the reprocessing of materials or substances in wastes through a production process whereby they produce or are incorporated in new products, materials or substances whether for the original or other purposes. It includes ~~the~~ reprocessing of organic material, but does not include, inter alia, energy recovery ~~and the reprocessing into materials that are to be used as fuels or f~~, conversion for use as a fuel, processes involving combustion or use as a source of energy, including chemical energy, or backfilling operations;

Amendment 91 #

Article 3 – point 16

16. "recycling" means any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It ~~includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations~~does not include energy recovery;

Amendment 92 #

Article 3 – point 16

16) "recycling" means ~~any recovery operation by which waste materials are reprocessed into products, materials or substances whether for the original or other purpose~~the reprocessing of materials or substances within a production process whereby they are incorporated in new products. It includes ~~the~~ reprocessing of organic material, but does not include, inter alia, energy recovery, conversion for use as a fuel, processes involving combustion or use as a source of energy, including chemical energy, and the reprocessing into materials that are to be used ~~as fuels or~~ for backfilling operations ;

Amendment 93 #

Article 3 – point 16

16) “"recycling”" means ~~any recovery operation by which waste materials are reprocessed into~~the reprocessing of materials or substances in wastes through a production process whereby they produce or are incorporated in new products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

Amendment 94 #

Cristiana MUSCARDINI

Article 3 – point 16

Amendment 95 #

Article 3 – point 16

16. "recycling" means any recovery operation pursuant to point 14 by which waste materials are reprocessed into products, materials or substances whether for the original or other purposes. It includes the reprocessing of organic material but does not include energy recovery and the reprocessing into materials that are to be used as fuels or for backfilling operations;

Amendment 96 #

Article 3 – point 16 a (new)

16a) "recycled" or "recycling rate" shall be determined using the quantity of material output from a recycling process that is used as a material in new products, materials or substances

Amendment 97 #

Article 3 – point 18

18) "“disposal"” means any operation which is not recovery ~~even where the operation has as a secondary consequence the reclamation of substances or energy. Annex I sets out a non-exhaustive list of disposal operations;~~. Annex I sets out a non- exhaustive list of disposal operations. All disposal operations shall give high priority to the protection of human health and the environment.

Amendment 98 #

Article 3 – point 19 a (new)

19a) "energy recovery" means the use of combustible waste as a fuel for generating energy through direct incineration with or without other waste or fuel but with recovery of the heat. Incineration of waste where more energy is added than received during the process is not treated as energy recovery;

Amendment 99 #

Caroline JACKSON, Mojca DRČAR MURKO, Johannes BLOKLAND

Article 3 – point 19 a (new)

19a) "best available waste management techniques" means the most effective and advanced stage in the development of activities and their methods of operation which indicates the practical suitability of particular techniques in order, during waste management operations, to avoid hazards to human health and environmental damage; Article 2(11) of and Annex IV to Directive 96/61/EC shall apply accordingly;

Amendment Amendment103 #

Article 3 a (new)

Article 3a 1. The following waste hierarchy shall apply as a general rule in waste prevention and management legislation and policy: (a) prevention and reduction; (b) preparing for re-use; (c) recycling; (d) other recovery, e.g. energy recovery; and (e) disposal. 2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle thinking on the overall impacts of the generation and management of such waste. Member States shall ensure that this is a full and transparent process, observing national planning rules about the consultation and involvement of citizens and stakeholders. Member States shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Articles 1 and 10. Or. en (former article 11)

source: PE-402.733

2008/03/07 ENVI 129 amendments...

Amendment 119 #

Recital 40

(40) In the interests of the simplification of Community legislation and the reflection of environmental benefits, the relevant provisions of Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils should be integrated into this Directive. Directive 75/439/EEC should therefore be repealed. The management of waste oils should be conducted in accordance with the guiding principle of the waste hierarchy, and ~~preference should be given to options that deliver the best overall environmental outcome~~the priority given to regeneration should be maintained. The separate collection of waste oils remains crucial to their proper management and the prevention of damage to the environment from their improper disposal.

Amendment 120 #

Article 5 – paragraph 1 – point b

(b) a market or demand exists for such a substance or object;

Amendment 121 #

Caroline JACKSON, Bairbre de BRÚN, Mojca DRČAR MURKO, Jill EVANS

Article 5 – paragraph 1 – subparagraph 2

~~The criteria shall include limit values for pollutants where necessary. (It is not necessary to include limit values among the end-of-waste status criteria under the~~deleted Or. de REACH Regulation.)

Amendment 122 #

Article 5, paragraph 2

2. The measures relating to the adoption of such criteria and specifying the waste, designed to amend non-essential elements of this Directive, by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2)By ...* the Commission shall, if appropriate, on the basis of its assessment pursuant to paragraph 1, put forward a legislative proposal specifying the environmental and quality criteria to be met in order for specific products, materials or substance categories of waste to be deemed to have ceased to be waste. * Two years after entry into force of this Directive.

Amendment 123 #

Article 5 – paragraph 2 a (new)

Amendment 124 #

Article 5 – paragraph 3 a (new)

~~(Specific guarantees relating to management, treatment and yield are associated with waste status. In order to fulfil the environmental aims of this directive, this status should not be~~3a. The procedure referred to in paragraphs 1 and 2 may never be applied to hazardous waste or waste intended for energy recovery. Or. fr withdrawn without due consideration.)

Amendment 125 #

Article 5 – paragraph 3 a (new)

3a. Neither hazardous waste nor waste intended for energy recovery (hazardous and non-hazardous) will be concerned by the procedure set out in paragraphs 1 and 2.

Amendment 126 #

Article 5 – paragraph 4

4. ~~Wher~~The criteria ~~have not been set at Community level~~adopted under the procedure set out in paragraph~~s 1 and 2, Member States may decide case b~~ 2 must be defined in such as way case whether certain waste has ceased to be waste taking into account the applicable case law. They shall notify the Commission of such decisions in accordance with Directive 98/34/EC of the European Parliame to guarantee that the product, material or secondary substance resulting from a treatment operation fulfils the requirements necessary for its being placed on the market. The criteria shall take into a~~nd of the Council of 22 June 1998 laying down a procedur~~ccount any risks of environmentally harmful use for ~~the provision of information in the field of technical standards and regulations and of rules on Information Society services where so required by that Directive~~shipment of the secondary material or substance, and shall be set at a level that guarantees a high level of protection for human health and the environment.

Amendment 127 #

Article 5 – paragraph 4

4. Where criteria have not been set at Community level under the procedure set out in paragraphs 1 and 2, Member States may decide case by case whether certain waste has ceased to be waste taking into account the applicable case law. They shall notify the Commission of such decisions in accordance with Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on Information Society services1 where so required by that Directive.deleted

Amendment 128 #

Adriana POLI BORTONE

Article 5 – paragraph 4 a (new)

~~1 OJ L 204, 21.7.1998, p. 37. Directive as last amended by Council Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).~~ 4a. By..........* the Commission shall, if appropriate, make proposals for determining whether, among others, the following waste streams fall under the provisions of this Article, and if so what specifications should apply to them: compost, aggregates, paper, glass, metal, end-of-life tyres, waste textiles and other selected categories of waste which are clearly identifiable, also by means of existing European technical standards. *5 years after the entry into force of this Directive. Or. en (Based on amendment 45 in first reading)

Amendment 129 #

Article 5 a (new)

5a. Compost that clearly meets the criteria set out in Article 5(1) and (2), as guaranteed by a quality system, was produced exclusively from waste collected separately, and is suitable for sustainable use in improving soil functions shall, as a material covered by Annex V of Regulation (EC) No 1907/2006 (REACH), be exempted from Titles II, V and VI of Regulation (EC) No 1907/2006 in accordance with Article 2(7)(b) of Regulation (EC) No 1907/2006 . Or. de (ii)

Amendment 130 #

Erna HENNICOT-SCHOEPGES, Françoise GROSSETÊTE, Frieda BREPOELS, Richard SEEBER, Lambert van NISTELROOIJ, Marie-Noëlle LIENEMANN

Article 6 – paragraph 3 a (new)

3a. The reclassification of hazardous waste as non-hazardous waste may not be achieved by diluting or mixing the waste with the aim of lowering the initial concentrations of pollutants to a level below the thresholds for defining waste as hazardous.

Amendment 131 #

Article 6 – paragraph 4 a (new)

4a. The Commission shall ensure that the list of wastes and any review of this list adhere to principles of clarity, comprehensibility and accessibility for users, particularly SMEs. Or. fr (ii)

Amendment 132 #

Article 7 – paragraph 1 – subparagraph 1

Amendment 133 #

Article 7 – paragraph 1 – subparagraph 1

Amendment 134 #

Thomas ULMER

Article 7 – paragraph 1

1. In order to strengthen the prevention and recovery of waste, Member States may take legislative or non-legislative measures to ensure that any natural or legal person who professionally develops, manufactures, processes and treats or sells products (producer of the product) have extended producer responsibility. Such measures may include an acceptance of returned products and of the waste that remains after those products have been used, as well as the subsequent management of the waste and financial responsibility for such activities. deleted Or. de (ii)

Amendment 135 #

Frieda BREPOELS

Article 7 – paragraph 1 – subparagraph 1

1. In order to strengthen the prevention and recovery of waste, Member States ~~may~~shall, where appropriate, take legislative or non- legislative measures to ensure that any natural or legal person who professionally develops, manufactures, processes and treats or sells products (producer of the product) has extended producer responsibility.

Amendment 136 #

Thomas ULMER

Article 7 – paragraph 1 a (new)

1a. In order to strengthen the prevention and recovery of waste, Member States may take legislative or non-legislative measures to ensure that any natural or legal person who professionally develops or imports products has extended producer responsibility.

Amendment 137 #

Article 7 – paragraph 2 – subparagraph 1

2. ~~Member States may~~Producers shall take appropriate measures to ~~encourage the~~ design of products in order to reduce their environmental impacts and the generation of waste in the course of the production and subsequent use of products, and in order to ensure that the recovery and disposal of products that have become waste take place in accordance with Articles 10 and 11. Member States may take appropriate measures, in accordance with paragraph 1, to encourage the design of products to the same ends.

Amendment 138 #

Article 7 – paragraph 2 – subparagraph 1

2. Member States may, in the absence of Community legislation covering the end- of-life or life cycle aspects of a specific product, take appropriate measures to encourage the design of products in order to reduce their environmental impacts and the generation of waste in the course of the production and subsequent use of products, and in order to ensure that the recovery and disposal of products that have become waste take place in accordance with Articles 10 and 11.

Amendment 139 #

Article 7 - paragraph 1 – 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 proper and safe recovery and environmentally compatible disposal. This should include the obligation on producers or importers to provide publicly available information on the extent to which the waste product is recyclable. Or. en (Partial reinstatement of amendment 35 from first reading)

Amendment 140 #

Article 7 – paragraph 2 – subparagraph 1

Such measures may, where favourable from a life cycle perspective, encourage, inter alia, the ~~development, production and marketing~~production of products that are suitable for multiple use, that are technically durable and that are, after having become waste, suitable for proper and safe recovery and environmentally compatible disposal.

Amendment 141 #

Article 7 – paragraph 2 a (new)

2a. Member States shall report to the Commission on the implementation of paragraph 1 in their implementation report pursuant to Article 34. The Commission shall assess the appropriateness of introducing extended producer responsibility schemes for specific waste streams at EU level, based on the experiences of Member States. Or. en (Partial reinstatement of amendment 35 from first reading in a modified form)

Amendment 142 #

Article 7 – paragraph 3

3. When applying extended producer responsibility, Member States shall take into account the technical feasibility and economic viability and the overall environmental, human health and social impacts, respecting the need to ensure the proper functioning of the internal market.deleted

Amendment 143 #

Article 7 – paragraph 4

4. The extended producer responsibility shall be applied without prejudice to the responsibility for waste management as provided for in Article 13(1) and without prejudice to existing waste stream specific legislation.

Amendment 144 #

Dorette CORBEY

Article 7 a (new)

Article 7a Prevention of waste Member States shall, in accordance with Articles 1 and 11, and taking account of Article 7 of this directive and of Directive 2005/32/EC, take all necessary measures to stabilise their overall waste production by 2012 as compared to their overall annual waste production in 2009. As a necessary preliminary to the measures set out in Article 26, following the consultation of all stakeholders the Commission shall, if appropriate, submit to the European Parliament and the Council proposals for measures required in support of the Member States’ prevention activities, to cover: (a) by 2009, a list of indicators that will enable Member States to monitor, assess and report on the progress of their waste prevention programmes and measures; (b) by 2010, the formulation of a product eco-design policy addressing both the generation of waste and the presence of hazardous substances in waste, with a view to promoting technologies focusing on durable, re-usable and recyclable products; (c) by 2010, the setting of further qualitative and quantitative waste reduction objectives for 2020, based on best available practice; (d) by 2010, the formulation of an action plan for further support measures at European level seeking in particular to change current consumption patterns.

Amendment 145 #

Article 8 – paragraph 1

1. Member States shall take the necessary measures, in accordance with Article 1, to ensure that waste undergoes recovery operations, in accordance with Articles 10 and 11. These shall include at least the operations listed in Annex II, provided that they satisfy the definition of recovery in Article 3, paragraph 14. Or. fr (ii)

Amendment 146 #

Anne FERREIRA, Frieda BREPOELS

Article 8 – paragraph 2 a (new)

2a. By…* the Commission shall put forward a legislative proposal in accordance with the procedure laid down in Article 251 of the Treaty in order to set environmental and efficiency criteria based on best available techniques for recovery operations in Annex II. * Two years after entry into force of this Directive. Or. en (Partial reintroduction of amendment 38/108/157/140 and 141 from first reading)

Amendment 147 #

Article 8 – paragraph 2 a (new)

2a. Member States shall take measures to promote high quality recycling and to this end they shall adopt separate collection schemes wherever necessary to guarantee the necessary quality standards for the relevant recycling sectors. By 2015 the Member States shall set up separate waste collection schemes for at least the following: paper, metal, plastic, glass, textiles, other biodegradable wastes, oil and hazardous wastes. This shall apply without prejudice to existing or future waste stream legislation or the requirements of Article 18.

Amendment 148 #

Caroline JACKSON, Bairbre de BRÚN, Mojca DRČAR MURKO, Johannes BLOKLAND

Article 8 – paragraph 2 a (new)

2a. Any waste recovery and disposal requirements laid down by Member States in the form of generally binding provisions shall be based on best available waste management techniques. In so far as this is necessary for protection of human health and the environment, the Commission shall submit proposals for individual directives laying down, for wastes or recovery operations which are of particular ecological or economic significance in quantitative terms, requirements with regard to recovery, to substances or objects resulting from recovery operations, and to subsequent use of those substances and objects. Those requirements shall be based on best available waste management techniques.

Amendment 149 #

Marie-Noëlle LIENEMANN

Article 8 a (new)

Article 8a Re-use and recycling By 31 December 2015 at the latest, the European Parliament and the Council shall envisage setting objectives for industrial waste (including construction and demolition waste), on the basis of a consultation of interested parties and a Commission report accompanied, if appropriate, by a proposal. The Commission shall take account in its report of tendencies in waste treatment and the relevant environmental impact of the setting of the objectives.

Amendment 150 #

Dorette CORBEY

Article 8 a (new)

Article 8a Re-use and recycling 1. Member States, taking account of Article 7 of this directive and of Directive 2005/32/EC, shall take measures to promote the re-use of products, notably through the establishment and support of accredited re-use and repair networks and by establishing, where necessary, the relevant process and product standards. Member States may take other measures to promote re-use, such as the use of economic instruments, procurement criteria, quantitative objectives or prohibitions on the placing on the market of certain products. 2. In order to comply with the objectives of this Directive, and to move towards a European recycling society, with a high level of resource efficiency, Member States, taking account of Article 7 of this directive and of Directive 2005/32/EC, shall take the necessary measures to ensure that the following targets are attained: (a) by 2020, the preparing for re-use and recycling of household wastes shall be increased to a minimum of 50% by weight; (b) by 2020, the preparing for re-use and recycling of construction and demolition waste shall be increased to a minimum of 70% by weight. For those countries with less than 5% recycling in either category or no official figures, according to Eurostat data of 2000-2005, an additional period of 5 years may be granted to reach the targets. By 31 December 2015 at the latest, the European Parliament and the Council shall re-examine the targets referred to in points (a) and (b) and consider setting targets for industrial waste on the basis of a report of the Commission, accompanied by a proposal if appropriate. In its report the Commission shall take into account the trends in waste treatment and the relevant environmental impacts of setting the targets. In order to harmonise the characteristics and presentation of the data produced and to make the data compatible, Member States shall report them under the requirements of Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics1. If necessary, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 36(2) of this Directive, establish detailed rules for verifying Member States’ compliance with the targets set out in this paragraph. 1 OJ L 332, 9.12.2002, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 (OJ L 393, 30.12.2006, p. 1).

Amendment 151 #

Thomas ULMER

Article 8 a (new)

Article 8a Re-use and recycling 1. Member States shall take measures to promote the recycling of products, particularly through the establishment of or support to accredited repair and reuse- centres and networks and, if necessary, the creation of appropriate standards for procedures and products. Member States may take further measures to promote re-use in the form, for example, of economic instruments, procurement criteria, quantitative objectives or prohibitions on the placing on the market of certain products. 2. a) In order to achieve the objective of significantly increasing the proportion of waste prepared for re-use and recycling by 2010, the European Commission should first carry out an impact assessment. b) the specific target that can be set on the basis of the results of the European Commission's impact assessment should be left to the Member States. c) By 31 December 2015 at the latest, the European Commission should have assessed the progress made by the Member States and made proposals for improvements.

Amendment 152 #

Article 8 a (new)

Article 8a Re-use and recycling 1. Member States shall take measures to promote the re-use of products, notably through the establishment and support of accredited re-use and repair networks and by establishing, where necessary, the relevant process and product standards. Member States may take other measures to promote re-use, such as the use of economic instruments, procurement criteria, quantitative objectives or prohibitions on the placing on the market of certain products. 2. In order to comply with the objectives of this Directive, and to move towards a European recycling society, with a high level of resource efficiency, Member States shall take the necessary measures to ensure that the following targets are attained: (a) by 2020, the re-use and recycling of household and similar wastes shall be increased to a minimum of 50% by weight; (b) by 2020, the re-use and recycling of construction and demolition waste shall be increased to a minimum of 70% by weight. For those countries with less than 5% recycling in either category or no official figures, according to Eurostat data of 2000-2005, an additional period of 5 years may be granted to reach the targets. By 31 December 2015 at the latest, the European Parliament and the Council shall re-examine the targets referred to in points (a) and (b) and consider setting targets for industrial waste on the basis of a report of the Commission, accompanied by a proposal if appropriate. In its report the Commission shall take into account the trends in waste treatment and the relevant environmental impacts of setting the targets. In order to harmonise the characteristics and presentation of the data produced and to make the data compatible, Member States shall report them under the requirements of Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics1. If necessary, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 36(2) of this Directive, establish detailed rules for verifying Member States' compliance with the targets set out in this paragraph. 1 OJ L 332, 9.12.2002, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 (OJ L 393, 30.12.2006, p. 1). Or. en (first reading)

Amendment 153 #

Article 8 a (new)

~~(Reintroduction of amendment 38/108/157/140/141 from first reading in modified form)~~Article 8a Re-use and recycling 1. Member States shall take measures to promote the re-use of products, notably through the establishment and support of accredited re-use and repair networks and by establishing, where necessary, the relevant process and product standards. Member States may take other measures to promote re-use, such as the use of economic instruments, procurement criteria, quantitative objectives or prohibitions on the placing on the market of certain products. 2. In order to comply with the objectives of this Directive, and to move towards a European recycling society, with a high level of resource efficiency, Member States shall take the necessary measures to ensure that the following targets are attained: (a) by 2020, the re-use and recycling of household and similar wastes shall be increased to a minimum of 50% by weight; (b) by 2020, the re-use and recycling of construction and demolition waste, of manufacturing waste and of industrial waste shall be increased to a minimum of 70% by weight. For those countries with less than 5% recycling in either category, an additional period of 5 years may be granted to reach the targets. Member States shall take measures to promote high quality recycling and to this end they shall adopt separate collection schemes wherever necessary to guarantee the necessary quality standards for the relevant recycling sectors. By 2015 the Member States shall set up separate waste collection schemes for at least the following: paper, metal, plastic, glass, textiles, other biodegradable wastes, oil and hazardous wastes. This shall apply without prejudice to existing or future waste stream legislation or the requirements of Article 18. In order to harmonise the characteristics and presentation of the data produced and to make the data compatible, Member States shall report them under the requirements of Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics1. If necessary, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 36(2) of this Directive, establish detailed rules for verifying Member States' compliance with the targets set out in this paragraph. 1 OJ L 332, 9.12.2002, p. 1. Regulation as last amended by Regulation (EC) No 1893/2006 (OJ L 393, 30.12.2006, p. 1). Or. en

Amendment 154 #

Bairbre de BRÚN, Roberto MUSACCHIO, Guido SACCONI

Article 8 a (new)

~~(Reintroduction of amendment 38/108/157/140/141 from first reading in modified form)~~Article 8a Re-use and recycling 1. Member States shall take measures to promote the re-use of products, notably through the establishment and support of accredited re-use and repair networks and by establishing, where necessary, the relevant process and product standards. Member States may take other measures to promote re-use, such as the use of economic instruments, procurement criteria, quantitative objectives or prohibitions on the placing on the market of certain products. 2. In order to comply with the objectives of this Directive, and to move towards a European recycling society, with a high level of resource efficiency, Member States shall take the necessary measures to ensure that the following targets are attained: (a) by 2020, the re-use and recycling of household and similar wastes shall be increased to a minimum of 50% by weight; (b) by 2020, the re-use and recycling of construction and demolition waste, of manufacturing waste and of industrial waste shall be increased to a minimum of 70% by weight. 3. Member States may extend the deadline set in paragraph 2 to 2025 at the latest, if the following conditions are all met: (i) the overall costs would be disproportionate in relation to the benefits because of very low recycling levels at the date of entry into force of this Directive; (ii) measures are put in place to ensure achievement of the minimum recycling levels mentioned in paragraph 2 by 2025 latest; and (iii) the deadline extension is specifically mentioned in the waste management plans according to Article 25(1). Member States shall notify the Commission before extending the deadline. Or. en

Amendment 155 #

Article 11

Article 11 Article 3a Waste hierarchy Waste hierarchy 1. The following waste hierarchy shall apply as a g~~uiding princip~~eneral rule in waste prevention and management legislation and policy: (a) prevention~~; (b) preparing for~~ and reduction; (b) re-use; (c) recycling; (d) other recovery~~, e.g. energy recovery;~~ operations, and (e) disposal. 2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle ~~thinking~~assessment on the overall impacts of the generation and management of such waste. Member States shall ~~take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resource~~ensure that this is a full and transparent process, observing national planning rules about the consultation and involvement of citizens and stakeholders as well as of the overall environmental, human health, economic and social impacts, in accordance with Articles 1 and 10. (Amendment adopted in the first reading and it is worthwhile to keep the reference to a life cycle assessment as well as the involvement of interested stakeholders including a WasteWaste Consultation Forum in accordance with Article 34a. Or. en Consultation Forum)

Amendment 156 #

Caroline JACKSON, Bairbre de BRÚN, Mojca DRČAR MURKO, Johannes BLOKLAND

Article 11 – paragraph 1 – point d

(d) other ~~recovery, e.g. energy~~ recovery; and

Amendment 157 #

Duarte FREITAS

Article 11 – paragraph 2 – subparagraph 1

2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures t~~o encourag~~hat ensure the options ~~that~~chosen deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle ~~thinking~~assessments on the overall impacts ofrom primary resource use to the generation and management of such waste.

Amendment 158 #

Gyula HEGYI

Article 11 – paragraph 2 – subparagraph 1

2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures t~~o encourag~~hat ensure the options ~~that~~chosen deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle thinking on the overall impacts of the generation and management of such waste.

Amendment 159 #

Dorette CORBEY

Article 11 a (new)

Article 11a Removing obstacles 1. Member States shall, having regard to the protection of health and the environment, take the necessary measures to remove obstacles to prevention, re-use and recycling in the existing legislation and in authorisation procedures 2. When obstacles originate in European legislation, the Member States shall bring this to the attention of the Commission without delay. The Commission, having regard to the protection of health and the environment, shall, in its interpretation of existing legislation, create as much room as possible for prevention, re-use and recycling, and shall, where appropriate, propose adjustments.

Amendment 160 #

Article 11

1.The following waste hierarchy shall apply as a guiding principle in waste prevention and management legislation and policy: (a) prevention; (b) preparing for re-use; (c) recycling; (d) other recovery, e.g. energy recovery; and (e) disposal. 2. When applying the waste hierarchy referred to in paragraph 1, Member States shall take measures to encourage the options that deliver the best overall environmental outcome. This may require specific waste streams departing from the hierarchy where this is justified by life- cycle thinking on the overall impacts of the generation and management of such waste. Member States shall take into account the general environmental protection principles of precaution and sustainability, technical feasibility and economic viability, protection of resources as well as the overall environmental, human health, economic and social impacts, in accordance with Articles 1 and 10.Article 11 deleted Waste hierarchy

Amendment 161 #

Article 12 – paragraph 2 – subparagraph 2 a (new)

Such sharing of costs should not however undermine the functioning of individual producer responsibility whereby the original equipment manufacturer should bear the end-of-life costs of his own product and in doing so have access to incentives for better design of his products.

Amendment 162 #

Article 14 – paragraph 1 – subparagraph 2

By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect their network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006.deleted

Amendment 163 #

Article 14 – paragraph 1 – subparagraph 2

By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect the environment or their network, limit incoming shipments of waste destined to incinerators ~~that are classified as recovery~~, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006.

Amendment 164 #

Article 14 – paragraph 1 – subparagraph 2

By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect their network, limit incoming shipments of waste destined to incinerators ~~that are classified as recovery~~, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006. ~~(New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendment~~Or. en 83 from first reading.)

Amendment 165 #

Article 14 – paragraph 1 – subparagraph 2

Amendment 166 #

Article 14

~~1. Member States shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of w~~Within the Community, waste shall be treated in the overall most environmentally sound manner. Waste for disposal ~~installations and of installations for the recovery of mixed municipal waste collected from~~ shall be treated in one of the nearest approprivate households, including where such collection also covers such waste from other producers, taking into account best available techniques. By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect their network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006. 2. The network shall be designed to enable the Community as a whole to become self-sufficient in waste disposal as well as in the recovery of waste referred to in paragraph 1, and to enableinstallations, by means of the most appropriate methods and technologies, in order to ensure a high level of protection for the environment and public health. Each Member State shall take appropriate measures, in cooperation with other Member States, to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste. 3. The network shall enable waste to be disposed of or waste referred to in paragraph 1 to be recovered in one of the nearest appropriateestablish an integrated and adequate network of disposal installations, ~~by means~~taking account of the mobest appropriate methods and technologies, in order to ensure a high level of protection for the environment and public health. 4. The principles of proximity and self- sufficiency shall not mean that each Member State has to possess the full range of final recovery facilities within that Member Statevailable techniques within the meaning of Article 2(11) of Directive 96/61/EC, hereinafter "best available techniques".

Amendment 167 #

Article 14

~~1. Member States shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable~~Within the Community waste shall be treated in the overall most environmentally sound manner. According to the proximity principle waste for disposal shall be treated in one of the nearest appropriate installations, by means of the most appropriate methods and technologies in order to ensure a high level of protection for the environment and public health. Each Member State shall take appropriate measures, in cooperation with other Member States, to establish an integrated and adequate network of ~~waste~~ disposal installations ~~and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account~~ , taking account of the best available techniques within the meaning of Article 2(11) of Directive 96/61/EC, hereinafter “best available techniques”. By way of derogation from Regulation (EC) No 1013/2006, Member States may, in order to protect their network, limit incoming shipments of waste destined to incinerators that are classified as recovery, where it has been established that such shipments would result in national waste having to be disposed of or waste having to be treated in a way that is not consistent with their waste management plans. Member States shall notify the Commission of any such decision. Member States may also limit outgoing shipments of waste on environmental grounds as set out in Regulation (EC) No 1013/2006. 2. The network shall be designed to enable the Community as a whole to become self-sufficient in waste disposal as well as in the recovery of waste referred to in paragraph 1, and to enable Member States to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste. 3. The network shall enable waste to be disposed of or waste referred to in paragraph 1 to be recovered in one of the nearest appropriate installations, by means of the most appropriate methods and technologies, in order to ensure a high level of protection for the environment and public health. 4. The principles of proximity and self- sufficiencprinciple of proximity shall not mean that each Member State has to possess the full range of final recovery facilities within that Member State. ~~(EP 1st reading amendment 109)~~Or. en

Amendment 168 #

Article 14 – paragraph 4

~~4. The principles of proximity and self- sufficiency shall not mean that each Member State has to possess the full range of final recovery facilities within that Member State.~~deleted

Amendment 169 #

Article 14 – paragraph 4

~~4. The principles of proximity and self- sufficiency shall not mean that each Member State has to possess the full range of final recovery facilities within that Member State.~~deleted

Amendment 170 #

Article 15 – paragraph 1

1. ~~Member States shall take the necessary measures to ensure that~~ The reclassification of hazardous waste as non-hazardous waste ismay not ~~mixed, either with other categories of hazardous~~be achieved by diluting or mixing the waste or with othe~~r waste, substances or materials. Mixing shall include the dilution of hazardous substance~~ aim of lowering the initial concentrations of pollutants to a level below the thresholds for defining waste as hazardous.

Amendment 171 #

Article 15 – paragraph 1 – subparagraph 1 a (new)

The dilution of waste by mixing solely with the aim of avoiding limits or restrictions specified in other legislation or waste acceptance criteria defined in permits shall be prohibited.

Amendment 172 #

Article 15 – paragraph 2 – point ca (new)

(ca) the treatment chosen for the mix shall be based on the most hazardous waste contained in the mix, or it shall be demonstrated that each hazardous waste going to make up the mix can be treated separately.

Amendment 173 #

Article 15 – paragraph 2

2. By way of derogation from paragraph 1, Member States may allow mixing provided that: (a) the mixing operation is carried out by an establishment or undertaking which has obtained a permit in accordance with Article 20; (b) the conditions laid down in Article 10 are complied with and the adverse impact of the waste management on human health and the environment is not increased; ~~and (c) the mixing~~(c) such an operation conforms to best available techniques; and (ca) the treatment chosen for the mixed wastes must demonstrate that it is capable of treating separately each waste composing the mixture.

Amendment 174 #

Article 15 – paragraph 2 a (new)

2a. Where mixing has been allowed pursuant to paragraph 2, the waste shall remain a hazardous waste, even if the effective concentration of pollutants following mixing is below the threshold for defining waste as hazardous. Or. en (Reinstatement of amendment 46 from first reading in a modified form)

Amendment 175 #

Article 15 – paragraph 2 b (new)

2b. Member States shall encourage the separation of hazardous compounds from all waste streams before they enter the recovery chain. Or. en (Reinstatement of amendment 54 of first reading)

Amendment 176 #

Article 18 – paragraph 1 – point b

(b) waste oils are treated in accordance with Articles 10 and 11; 0, giving preference to regeneration wherever possible; Or. en (Partial reintroduction of amendment 56 from first reading.)

Amendment 177 #

Article 18 – paragraph 1 – point b

(b) waste oils are treated in accordance with Articles 10 and 11 and preference is given to regeneration wherever possible;

Amendment 178 #

Article 18 – paragraph 1, point b

(b) waste oils are treated in accordance with Articles 10 and 11 and preference is given to regeneration wherever possible;

Amendment 179 #

Article 18 – paragraph 1 – point b

(b) waste oils are treated in accordance with Articles 10 and 11 and preference is given to regeneration wherever possible;

Amendment 180 #

Article 18 – paragraph 1 – point c

(c) where this is technically feasible ~~and economically viable~~, waste oils of different characteristics are not mixed and waste oils are not mixed with other kinds of waste or substances, if such mixing impedes their treatment.

Amendment 181 #

Article 18 – paragraph 1 – point c

Amendment 182 #

Article 18 – paragraph 3

3. ~~If waste oils, according to national legislation, are subject to requirements of regeneration, Member States may prescribe that such waste oils shall be regenerated if technically feasible and, w~~Where Articles 11 or 12 of Regulation (EC) No 1013/2006 apply, Member States may restrict the transboundary shipment of waste oils from their territory to incineration or co- incineration facilities in order to give priority to the regeneration of waste oils. ~~(Amendment consequent to the reintroduction of amendment 56 from first reading.)~~Or. en

Amendment 183 #

Article 18 – paragraph 3

Amendment 184 #

Article 18 – paragraph 3

Amendment 185 #

Article 18 – paragraph 3

Amendment 186 #

Article 18 – paragraph 3

3. ~~If waste oils, according to national leg~~Where technical, economic and organislation~~, are subject to requirements of regeneration, Member States may prescribe that such~~al constraints so allow, Member States shall take the measures necessary to give priority to the processing of waste oils ~~shall~~ bey regenerat~~ed if technically feasible and~~ion. Consequently, Member States may, where Articles 11 or 12 of Regulation (EC) No 1013/2006 apply, restrict the transboundary shipment of waste oils from their territory to incineration or co- incineration facilities in order to give priority to the regeneration of waste oils. Or. de (The first sentence is taken from Article 3(1) of Directive 75/439/EC)

Amendment 187 #

Article 19

Bio-waste Collection and use of bio-waste 1. Priority shall be given to material recovery of bio-waste. 2. By ...*, Member States shall develop a system for the separate collection of bio- waste. 3. Member States shall take measures, as appropriate, and in accordance with Articles 10 and 11, to encourage: ~~(a) the separate collection of bio-waste;~~ (b) the treatment of bio-waste in a way that fulfils a high level of environmental protection; (c) the use of environmentally safe materials produced from bio-waste. The Commission shall carry out an assessment on the management of bio- waste with a view to submitting a proposal if appropriate. * Three years after the entry into force of this Directive.

Amendment 188 #

Article 19

Member States shall take measures, as appropriate, and in accordance with Articles 10 and 11, to encourage: (a) the separate collection of bio-waste; (b) the treatment of bio-waste in a way that fulfils a high level of environmental protection; (c) the uBio-waste Collection and use of bio-waste 1. Priority shall be given to material recovery of bio-waste. 2. With a view to implementing the objectives set o~~f environmentally safe materials produced from bio-waste. The Commission shall carry out an assessment on the management~~ut in Article 1, Member States shall, by ...*, develop a system for the separate collection of bio- waste ~~with a view to submitting a proposal if appropriat~~. * Three years after the entry into force of this Directive.

Amendment 189 #

Article 19

Member States shall take measures~~, as appropriate, and~~ not later than ...* in accordance with Articles 10 and 110, to en~~courag~~sure: (a) the establishment of separate collection ofsystems for bio-waste; (b) the treatment of bio-waste in a way that fulfils a high level of environmental protection; (c) the use of environmentally safe materials produced from bio-waste. ~~The Commission shall carry out an assessment on the management of~~Minimum safety requirements for collection and treatment, and environmental and quality criteria including limit values for pollutants for the use of environmentally safe materials produced from bio- waste ~~with a view to submitting a proposal if appropriat~~shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). Not later than ...*, the Commission shall put forward a legislative proposal on minimum targets for separate collection of bio-waste. _______ * OJ: Please insert date three years after the entry into force of this Directive.

Amendment 190 #

Article 19 – paragraph 1

Member States shall take measures, as appropriate, and in accordance with Articles 10 and 11, to ~~encourage: (a)~~: (a) develop a system for the separate collection of bio-waste~~; (b)~~ in which priority is given to material recovery of bio-waste; (b) ensure the treatment of bio-waste in a way that fulfils a high level of environmental protection; (c) ensure the use of environmentally safe materials produced from bio-waste, including minimum targets for collection and standards for the use of compost.

Amendment 191 #

Anne FERREIRA, Frieda BREPOELS

Article 19 – paragraph 2

The Commission shall present a proposal on bio-waste at the latest 2 years after the entry into force of this Directive. To this end, the Commission shall carry out an assessment on the management of bio- was~~te with a view to submitting a proposal if appropria~~te.

Amendment 192 #

Article 19 – paragraph 2

The Commission shall carry out an assessment on the management of bio- waste by 31 December 2008 with a view to submitting a legislative proposal if appropriate.

Amendment 193 #

Article 19 – paragraph 2

The Commission shall ~~carry out an assessment on the~~submit a legislative proposal for the environmentally sound management of bio- waste ~~with a view to submitting a proposal if appropriate~~.

Amendment 194 #

Article 19 a (new)

Article 19a Treatment of bio-waste 1. Producers and holders shall, prior to bio-waste being spread on land, subject it to treatment that will ensure that it is safe from the point of view of human, animal and plant health. This shall also apply to catering waste produced by restaurants and catering facilities where it is not required to be disposed of in accordance with the provisions of Regulation (EC) No 1774/2002. 2. The Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 36(2), adopt implementing measures, specifying the minimum requirements for checking safety from the point of view of human, animal and plant health. 3. In order to ensure that spreading of bio-waste on land is carried out in an environmentally sound way, the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 36(2), adopt implementing measures, specifying the environmental and quality criteria to be met in order for bio-waste to be spread on land used for agricultural, forestry or horticultural/gardening purposes, and to be deemed to have ceased to be waste. 4. The implementing measures provided for in paragraph 3 shall include at least binding limit values for heavy metals, physical contaminants and content of viable seeds and parts of plants capable of sprouting as well as a list of suitable source materials. 5. The criteria shall take into account any risks of environmentally harmful use or shipment of bio-waste, and shall be set at a level that guarantees a high level of protection for human health and the environment.

Amendment 195 #

Article 19 b (new)

Article 19b Controls 1. Member States shall ensure that, in order to monitor compliance with the requirements laid down in Article 19a, quality assurance systems are set up and operated. 2. Member States shall ensure that tests for harmful substances are carried out at regular intervals.

Amendment 196 #

Article 19 c (new)

Article 19c Catering Waste The recovery of untreated catering waste for feeding purposes shall be prohibited. Catering waste shall be verifiably eliminated by licensed undertakings and sterilised and safely disposed of by means of appropriate operations. The use of catering waste in feed for pigs may be authorised by Member States only on condition that there is, in every respect, monitoring of safe recovery, sterilisation and compliance with the other provisions of Regulation (EC) No 1774/2002.

Amendment 197 #

Article 20 – paragraph 1

(1) Member States shall require any establishment or undertaking intending to carry out waste treatment to obtain a permit ~~from the competent authority~~on the basis of a certificate from the competent authority or an organisation contracted by it.

Amendment 198 #

Article 20 – paragraph 5

5. Provided that the requirements of this Article are complied with, any permit produced pursuant to other national or Community legislation ~~may~~shall be combined with the permit required under paragraph 1 to form a single permit, where such a format obviates the unnecessary duplication of information and the repetition of work by the operator or the competent authority.

Amendment 199 #

Article 20 – paragraph 5 a (new)

5a. All hazardous waste treatment installations shall be subject to a specific permit requirement which shall include a description of the planned measures intended to ensure that the plant is designed, equipped and operated in a manner in keeping with the waste categories treated and their related risks. The permit issued by the competent authorities shall state: - the amounts and the categories of hazardous waste treated; - the technical characteristics of the waste treatments providing optimum environmental protection and guaranteeing a high level of safety. When the operator of a non-hazardous waste treatment plant is envisaging a change of operation which would involve hazardous waste, this shall be regarded as a substantial change within the meaning of Article 2(10)(b) of Directive 96/61/EC, and Article 12(2) of that Directive shall apply.

Amendment 200 #

Article 21

Exemptions from permit requirements Member States may exempt from the requirement laid down in Article 20(1) establishments or undertakings for the following operations: (a) disposal of their own non-hazardous waste at the place of production; or (b) recovery of waste.Article 21 Deleted

Amendment 201 #

Article 21

Member States may exempt from the requirement laid down in Article 20(1) establishments or undertakings for ~~the following operations: (a)~~ disposal of their own non-hazardous waste at the place of production~~; or (b) recovery of waste.~~ . Or. {EN}en (Partial reintroduction of amendment 161 from first reading.)

Amendment 202 #

Article 22 – paragraph 1 – subparagraph 1

(1) Where a Member State wishes to allow exemptions, as provided for in Article 21, it shall lay down, in respect of each type of activity, general rules specifying the types and quantities of waste that may be covered by an exemption, and the method of treatment to be used. The existence of the conditions for exemption must be verified by a body authorised for such verification.

Amendment 203 #

Article 22

1. Where a Member State wishes to allow exemptions, as provided for in Article 21, it shall lay down, in respect of each type of activity, general rules specifying the types and quantities of waste that may be covered by an exemption, and the method of treatment to be used. Those rules shall be designed to ensure that waste is treated in accordance with Article 10. In the case of disposal operations referred to in point (a) of Article 21 those rules should consider best available techniques. 2. In addition to the general rules provided for in paragraph 1, Member States shall lay down specific conditions for exemptions relating to hazardous waste, including types of activity, as well as any other necessary requirement for carrying out different forms of recovery and, where relevant, the limit values for the content of hazardous substances in the waste as well as the emission limit values. 3. Member States shall inform the Commission of the general rules laid down pursuant to paragraphs 1 and 2.Article 22 Deleted Conditions for exemptions

Amendment 204 #

Article 22 – paragraph 1 – subparagraph 2 a (new)

~~(Partial reintroduction of amendment 161 from first reading in a modified form.)~~No exemptions shall be granted for the treatment of hazardous waste. Or. en

Amendment 205 #

Article 22 – paragraph 2

2. In addition to the general rules provided for in paragraph 1, Member States shall lay down specific conditions for exemptions relating to hazardous waste, including types of activity, as well as any other necessary requirement for carrying out different forms of recovery and, where relevant, the limit values for the content of hazardous substances in the waste as well as the emission limit values. deleted Or. en (Reintroduction of amendment 188 from first reading.)

Amendment 206 #

Article 22 – paragraph 2

Amendment 207 #

Article 22 – paragraph 2

Amendment 208 #

Article 23 – paragraph 1 – point (c)

(c) establishments ~~or undertakings which are subject to exemptions from the permit requirements pursuant to Article 21~~.

Amendment 209 #

Article 23 – paragraph 1 a (new)

Where possible, existing records held by the competent authority will be used to obtain the relevant information for this registration process in order to minimise bureaucracy.

Amendment 210 #

Avril DOYLE

Article 24

~~1. Technical m~~Minimum standards for treatment activities which require a permit pursuant to Article 20 may be adopted 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. These measures, designed to amend non- essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). 2. Such minimum standards shall cover only those waste treatment activities that are not covered by Directive 96/61/EC or are not appropriate for coverage by that Directive. 3. Such minimum standards shall: (a) be directed to the main environmental impacts of the waste treatment activity; (b) ensure that the waste is treated in accordance with Article 10; (c) take into account best available techniques; and (d) as appropriate, include elements regarding the quality ofPermit requirements All hazardous waste treatment installations shall have a permit delivered in accordance with the provisions laid down in Directive 96/61/EC. Without prejudice to Directive 96/61/EC, the application for a permit from the competent authorities shall include a description of the measures which are envisaged to guarantee that the plant is designed, equipped and will be operated according to waste categories treat~~ment~~ed and the ~~process requirements. 4. Minimum standards for activ~~ir related risks. The permit granted by the competent authorities tsha~~t require registration pursuant to points (a) and (b) of Article 23 shall be adop~~ll list: - the quantities and categories of hazardous wasted 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, including elements regarding the technical qualification of collectors, transporters, dealers or brokers. These measures, designed to amend non-essential elements of this Directive by supplementing it, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). ich are treated, - the technical specifications which should ensure optimal waste treatment, protecting the environment and ensuring a high level of safety. When the operator of a non-hazardous waste treatment plant is envisaging a change of operation which would involve hazardous waste, this should be regarded as a substantial change within the meaning of Article 2(10)(b) of Directive 96/61/EC, and Article 12(2) of that Directive shall apply. Or. en (Based as amendment 58 in first reading)

Amendment 211 #

Article 24 – paragraph 4 a (new)

4a. Minimum standards adopted under this Article shall not be considered as Community legislation within the meaning of the first indent of Article 12(1)(c) of Regulation (EC) No 1013/2006.

Amendment 212 #

Article 25 – paragraph 3 – point e and ea (new)

(e) general waste management policies, including planned waste management technologies and methods, or policies for waste posing specific management problems; if appropriate, they shall retain or exclude a given mode of recovery or elimination for reasons specific to the planning area and in order to comply with the objectives laid down in Articles 1 and 10 or with any other Community rules in existence elsewhere in the environmental sphere; (ea) where appropriate, the planning area’s waste import or export restrictions or prohibitions.

Amendment 213 #

Article 26 – paragraph 3

Amendment 214 #

Article 26 – paragraph 3

3. Member States shall determine appropriate specific qualitative or quantitative benchmarks for waste prevention measures adopted in order to monitor and assess the progress of the measures and may determine specific qualitative or quantitative targets and indicators~~, other than~~ that go beyond those referred to in ~~paragraph 4,~~Article 7a for the same purpose. ~~(New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendment~~Or. en 38/108/157/140/141 of first reading)

Amendment 215 #

Article 26 – paragraph 4

~~4. Indicators for waste prevention measures may be adopted in accordance with the procedure referred to in Article 36(3).~~deleted

Amendment 216 #

Article 26 – paragraph 4

4. Indicators for waste prevention measures may be adopted in accordance with the procedure referred to in Article 36(3). (New amendment based on Rule 62(2)(c) of the Rules of Procedure, in line with amendmentdeleted Or. en 38/108/157/140/141 of first reading)

Amendment 217 #

Article 28

Member States shall ensure that relevant stakeholders and authorities and the general public have the opportunity to participate in the elaboration of the waste management plans and waste prevention programmes, and have access to them once elaborated, in accordance with Directive 2003/35/EC or, if relevant, Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment . They shall place the plans and programmes on a publicly available website. The Member States shall ensure that decisions of the public authorities or of operators acting on their behalf in the area of waste management allow for public participation, information and access to justice in accordance with Directive 2003/35/CE1 when those decisions relate to the choice of mode of waste recycling, recovery or elimination or siting of the relevant equipment. 1 OJ L 156, 25.6.2003, p. 17.

Amendment 218 #

Article 29 a (new)

(Recovery operations very often consist of a subsequent chain of single recovery steps, which each optimizes its output. In many cases the first recovery step may aim at reclaiming the most valuable substance, which might be a minor component in terms of quantity. A subsequent recovery step may be specialised to yield another substance and so on.)Article 29a By ...* the Commission shall draw up a report with a view to considering measures that may contribute to achieving the fulfilment of the objectives set out in Articles 1 and 11 more effectively. The report shall be submitted to the European Parliament and to the Council within six months of its completion, accompanied by proposals as appropriate. The report shall in particular consider whether Annex II should be amended in order to: (a) omit cases where listed operations or a subsequent chain of listed operations do not lead to a sufficiently high proportion of the waste in terms of quantity or value serving a useful purpose to be consistent with the objective set out in Article 1, (b) identify cases where listed operations or a subsequent chain of listed operations do not lead to a sufficiently high proportion of waste being used in terms of quantity or value as opposed to that which is disposed of as part of a recovery operation or a chain of recovery operations to be specified in order to ensure that the objectives set out in Article 1 are met. Or. en

Amendment 219 #

Article 31 – paragraph 3

~~3. Member States may take account of registrations obtained under the Community Eco Management and Audit Scheme (EMAS), in particular regarding the frequency and intensity of inspections.~~Deleted

Amendment 220 #

Article 32 – paragraph 2

2. For hazardous waste, the records shall be preserved for at least ~~three years except in the case of establishments and undertakings transporting hazardous waste which must keep such records for at least 12 month~~five years. Documentary evidence that the management operations have been carried out shall be supplied at the request of the competent authorities or of a previous holder. Member States shall ensure that the national competent authorities keep a register of all establishments and undertakings referred to in Chapter IV, and may require those establishments and undertakings to provide reports. Or. en (Reinstatement of amendment 74 of first reading)

Amendment 221 #

Article 34 – paragraph 4 a (new)

4a. Within two years at the latest of the Directive coming into force, the European Parliament and the Council shall, on the basis of a Commission report accompanied by a proposal, review the formula for the incineration facilities referred to in Annex II, footnote to R1. The Commission report shall be compiled on the basis of notifications by the Member States of the incineration facilities declared as recovery facilities on their territory using the formula in Annex II in the footnote to R1. The Commission report shall review whether the formula has had the anticipated effect and created a crucial incentive for building and operating more incineration facilities with high energy efficiency. In order for the competent authority to declare the facility a recovery or disposal facility on the basis of the formula in Annex II in the footnote to R1, the operator of the facility shall indicate in particular how much purchased energy is required for the waste treatment and the form and quantity of energy emitted (electric and thermal).

Amendment 222 #

Article 34 a (new)

Article 34a Consultation Forum on Waste Management 1. The Commission shall set up a Consultation Forum on Waste Management. 2. The Consultation Forum shall support the effective implementation of this Directive and other Community legislation on waste. To this end, it shall serve as a forum to exchange information about best waste management practices, to contribute to the development of implementation guidelines and to provide advice for the further development of EU waste legislation. 3. The Consultation Forum shall be chaired by the Commission and be composed, in a balanced way, of Member States' representatives and all interested groups concerned with waste management issues, such as industry, including SMEs and craft industry, trade unions, traders, retailers, environmental protection groups and consumer organisations. Or. en (Reintroduction of amendment 80 from first reading in modified form.)

Amendment 223 #

Duarte FREITAS

Article 34 a (new)

Article 34a Waste Consultation Forum 1. The Commission shall set up a Consultation forum on waste management. 2. The objective of Consultation Forum is to support the effective implementation of this Directive and other EU waste legislation via activities including: - exchange of information about best waste management practices; - development of implementation guidance; and - providing advice for the further development of EU waste legislation. 3. The Consultation Forum shall be chaired by the Commission and be composed, in a balanced way, of Member States’ representatives and all interested groups concerned with waste management issues, such as industry, trade unions, retailers, environmental protection groups and consumer organisations.

Amendment 224 #

Article 34 a (new)

Article 34a Waste Consultation Forum 1. The Commission shall set up a Consultation forum on waste management for Member States and stakeholders. 2. The objective of Consultation Forum is to support the effective implementation of this Directive and other EU waste legislation via activities including: - exchange of information about best waste management practices; - development of implementation guidance; and - providing advice for the further development of EU waste legislation. Or. en (Based on amendment 80 in first reading)

Amendment 225 #

Article 35 – paragraph -1 (new)

-1. With regard to the definition of ‘waste’ in point (1) of Article 3 the Commission shall, in accordance with the regulatory procedure with scrutiny referred to in Article 36(2), adopt measures for certain consumer products (e.g. electronic equipment, end-of-life vehicles) specifying the functional, environmental and quality criteria to be met in order to define when the holder is regarded as having the intention to discard. Or. en (Spirit of EP 1st reading amendment 103.)

Amendment 226 #

Article 35

1. The Commission may develop guidelines for the interpretation of the definitions of recovery and disposal ~~in points (14) and (18) of Article 3. If necessary~~. 1a. In accordance with Article 20(4), the application of ~~the~~a formula for ~~incineration facilities referred to in Annex II, R1,~~establishing minimum energy efficiency requirements for incineration facilities shall be specified. Local climatic conditions may 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 fourth subparagraph of Article 299(2) of the Treaty and of the territories mentioned in Article 25 of the 1985 Act of Accession may also be taken into account. This measure, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). 2. The Annexes may be amended in the light of scientific and technical progress. These measures, insofar as they are designed to amend non- essential elements of this Directive, ~~shall~~may be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2). Or. en (New text in Council Common Position)

Amendment 227 #

Article 35

Amendment 228 #

Article 35

Amendment 229 #

Article 35 – paragraph 1 – subparagraph 2

If necessary, the application of the formula for incineration facilities referred to in Annex II, R1, shall be specified. Local climatic conditions may 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 technicThis measure, designed to amend non-essential elements of this Directive, shally be ~~used or produced in the form of electricity, heating, cooling~~ adopted in accordance with the regulatory processing steam. Local conditions of the outermost regions as recognised in the fourth subparagraph of Article 299(2) of the Treaty and of the territories mentioned in Article 25 of the 1985 Act of Accession may also be taken into account. This measure, desigdure with scrutiny referred to in Article 36(2). Or. en (New amendment on nedw t~~o amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 36(2).~~ ext in Council Common position, to ensure coherence with amendment 83 from first reading.)

Amendment 231 #

Annex I – point D 7

~~D 7 Release to seas/oceans including sea- bed insertion~~deleted

Amendment 232 #

Annex I – point D 13 footnote **

∗∗ If there is no other D code appropriate, this can include pre~~liminary ope~~parations prior to disposal ~~including pre-processing~~ such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12. This also applies when, following preparation, application of one of the operations listed under R1 to R11 in Annex II is a mere possibility but not a certainty from the outset.

Amendment 233 #

Annex I – point D 13 – footnote 2

∗∗ If there is no other D code appropriate, this can include pre~~liminary ope~~parations prior to disposal including pre-processing such as, inter alia, sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations numbered D1 to D12. This also applies if, following preparation, application of a procedure listed in Annex II, points R 1 to R 11 is a possibility but not a certainty from the outset.

Amendment 234 #

Annex I – point D 15 a (new)

D 15a. Reprocessing not specified elsewhere in this Annex which results in final compounds or mixtures which are disposed of alternately by means of any of the operations numbered D 1 to D 15 or listed in Annex II.

Amendment 235 #

Annex II – point R 1

R 1 Use principally as a fuel or other means to generate energy* _______ * This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above: 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009, 0.65 for installations permitted after 31 December 2008, using the following formula: Energy efficiency = (Ep -( Ef + Ei)) / (0.97 xO (Ew + Ef)) In which: Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year) Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year) Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year) Ei means annual energy imported excluding Ew and Ef (GJ/year) 0.97 is a factor accounting for energy losses due to bottom ash and radiation. This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration. (Reproduces the substances of Amendment 83, adopted at first reading on 13 February 2007 -deleted Or. en OJ C 287 E, 29.11.2007, p. 136)

Amendment 236 #

Annex II – point R 1

Amendment 237 #

Annex II – point R 1

R 1 Use principally as a fuel or other means to generate energy* _______ * This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above: 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009, 0.65 for installations permitted after 31 December 2008, using the following formula: Energy efficiency = (Ep -( Ef + Ei)) / (0.97 xO (Ew + Ef)) In which: Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year) Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year) Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year) Ei means annual energy imported excluding Ew and Ef (GJ/year) 0.97 is a factor accounting for energy losses due to bottom ash and radiation. This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration. deleted Or. en (Reintroduction of amendment 83 from first reading.)

Amendment 238 #

Annex II – point R 1

Amendment 239 #

Annex II – point R 1 – footnote 1

* This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above: 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009, 0.65 for installations permitted after 31 December 2008, using the following formula: Energy efficiency = (Ep -( Ef + Ei)) / (0.97 xO (Ew + Ef)) In which: Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year). Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year) Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year). Ei means annual energy imported excluding Ew and Ef (GJ/year). 0.97 is a factor accounting for energy losses due to bottom ash and radiation. This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration.deleted

Amendment 240 #

Kader ARIF

Annex II – point R 1 – footnote 1

* This includes incineration facilities dedicated to the processing of municipal solid waste only where their energy efficiency is equal to or above: – 0.60 for installations in operation and permitted in accordance with applicable Community legislation before 1 January 2009, – 0.65 for installations permitted after 31 December 2008, using the following formula: Energy efficiency = (Ep -( Ef + Ei)) / (0.97 xO (Ew + Ef)) In which: Ep means annual energy produced as heat or electricity. It is calculated with energy in the form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied by 1.1 (GJ/year); Ef means annual energy input to the system from fuels contributing to the production of steam (GJ/year); Ew means annual energy contained in the treated waste calculated using the lower net calorific value of the waste (GJ/year); Ei means annual energy imported excluding Ew and Ef (GJ/year); 0.97 is a factor accounting for energy losses due to bottom ash and radiation. This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration.Deleted

Amendment 241 #

Annex II – point R 1

Amendment 242 #

Annex II – point R 5 – footnote ***

*** This includes ~~soil cleaning resulting in recovery of the soil and~~the preparation of soil for re-use and the recycling of inorganic construction materials.

Amendment 243 #

Annex II – point R 5 – footnote 3

~~***~~ This includes ~~soil cleaning resulting in recovery of the soil and~~the preparation of soil for re-use and the recycling of inorganic construction materials.

Amendment 244 #

Annex II – point R 9 a (new)

R 9a Other recovery activities leading to end-of-waste status

Amendment 245 #

Avril DOYLE

Annex II – point R 11

R 11 ~~Use of waste obtained~~Recovery of energy from lan~~y of the operations numbered R 1 to R 10 (Reproduces the substances of Amendment 85, adopted at first reading on 13 February 2007 -~~dfill gas Or. en OJ C 287 E, 29.11.2007, p. 136)

Amendment 246 #

Annex II – point R 12 – footnote ****

**** If there is no other R code appropriate, this can include pre~~liminary ope~~parations prior to recovery ~~including pre- processing~~ such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11. To achieve this, application of such an operation must not only be a possibility but a certainty from the outset.

Amendment 247 #

Annex II – point R 12 – footnote 4

**** If there is no other R code appropriate, this can include pre~~liminary ope~~parations prior to recovery including pre-processing such as, inter alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, re~~packag~~conditioning, separating, blending or mixing prior to submission to any of the operations numbered R1 to R11. To achieve this, application of such a procedure must not only be a possibility but a certainty from the outset.

Amendment 248 #