Activities of Bernd LUCKE related to 2018/0172(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on the reduction of the impact of certain plastic products on the environment
Amendments (14)
Amendment 39 #
Proposal for a directive
Recital 4
Recital 4
(4) In accordance with multilateral agreements37 and Union waste legislation38 , Member States are required to ensure sound waste management to prevent and reduce marine litter from both sea and land sources. In accordance withis context, the Union water legislation39 Member States are also required to tackle marine litter where it undermines the attainment of good environmental status ofshould actively seek commitments from all international partners, in particular their marine waters, inc polludting as a countribution to United Nations Sustainable Development Goal 14es, to promote concerted action. _________________ 37 United Nations Convention on the Law of the Sea (UNCLOS), the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 (London Convention) and its 1996 Protocol (the London Protocol), Annex V of the International Convention for the Prevention of Pollution from Ships (MARPOL), Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. 38 Directive 2008/98/EC and Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship- generated waste and cargo residues (OJ L 332, 28.12.2000, p. 81). 39Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1) and Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy (Marine Strategy Framework Directive) (OJ L 164 25.6.2008, p. 19).
Amendment 45 #
Proposal for a directive
Recital 11
Recital 11
(11) For certain single-use plastic products, suitable and more sustainable alternatives are not yet readily available and the consumption of most such single- use plastic products is expected to increase. To reverse that trend and promote efforts towards more sustainable solutions Member States should be required to take the necessary measures to achieve a significant reduction in the consumption of those products, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44 . Measures taken by Member States should not distort the competition between producers located in the Union and producers not subject to Union legislation. They should apply equally to domestically produced and imported goods of the same type. _________________ 44 Regulation (EC) 178/2002 laying down the general principles and requirements of food law (OJ L 31, 1.2.2002, p.1-24), Regulation (EC) No 852/2004 on the hygiene of foodstuffs (OJ L 139, 30.4.2004, p.1-54), Regulation (EC) No 1935/2004 on materials intended to come into contact and other relevant legislation related to food safety, hygiene and labeling (OJ L 338, 13.11.2004, p.4-17).
Amendment 48 #
Proposal for a directive
Recital 14
Recital 14
(14) Certain single-use plastic products end up in the environment as a result of inappropriate disposal through sewers or other inappropriate release into the environment. Therefore, single-use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided and/or about the negative environmental impacts of litter as a result of inappropriate disposal. The Commission should be empowered to establish a harmonised format for the marking and when doing so should, where appropriate, test the perception of the proposed marking with representative groups of consumers to ensure that it is effective and clearly understandableMember States should lay down rules on substantial fines and penalties which apply to those responsible for the release of the litter into the environment and enforce these rules properly.
Amendment 50 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to single-use plastic products for which there are no affordable, readily available suitable and more sustainable alternatives, Member States should, always act in line with the polluter pays principle, also introduce extended producer responsibility schemes to when covering the costs of waste management and, the clean-up of litter as well asnd the costs of awareness-raising measures to prevent and reduce such litter. Where consumers are the polluters, these costs may be recovered as charges at the point of final sale. Producer extended responsibility schemes may be applied if it can be ensured that no competitive distortion arises and imported products and domestically produced products are treated with equal effect on market prices.
Amendment 55 #
Proposal for a directive
Recital 16
Recital 16
(16) The large portion of plastic stemming from abandoned, lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements46 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment. The indirect fee system envisaged under Union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea, and ensures a right of delivery. That system ishould, however, benot sufficiently effective. It should be strengthened and supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid. As plastic components of fishing gear have a high recycling potential, Member States should, in line with the polluter pays principle, introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear, in particular recycling. _________________ 46 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.
Amendment 58 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to prevent littering and other inappropriate forms of disposal resulting in marine litter containing plastic, consumers need to be properly informed about the most appropriate waste disposal options available and/or waste disposal options to be avoided, best practices with regard to waste disposal and the environmental impact of bad disposal practices as well as about the plastic content in certain single-use plastic products and fishing gear. Therefore, Member States should be required to take awareness raising measures ensuring that such information is given to the consumers. The information should not contain any promotional content encouraging the use of the single-use plastic products. Member States should be able to choose the measures which are most appropriate based on the nature of the product or its use. Producers of single-use plastic products and fishing gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligationper care must be taken that no competitive distortion arises between domestic producers of single-use plastic products and fishing gear containing plastic and competitors which are allowed to sell their products in the Single Market. Therefore, the costs of the awareness raising measures should be borne by those who dispose of the products inappropriately.
Amendment 66 #
Proposal for a directive
Recital 22
Recital 22
(22) Pursuant to paragraph 22 of the Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 201648 , the Commission should carry out an evaluation of this Directive. That evaluation should be based on experience gathered and data collected during the implementation of this Directive and data collected under Directive 2008/56/EC or Directive 2008/98/EC. The evaluation should provide the basis for an assessment of possible further measures and an assessment whether, in view of monitoring of marine litter in the Union, the Annex listing single-use plastic products needs to be reviewed. The evaluation should also consider whether scientific and technical progress that has taken place in the meantime, including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment, as foreseen in the European Plastics Strategy, allows the setting of a standard for biodegradation of certain single-use plastic products in the marine environment. That standard would include a standard to test if, as a result of physical and biological decomposition in the marine environment, plastics would fully decompose into carbon dioxide (CO2), biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment. If that is the case, single-use plastic products that meet such a standard could be exempted from the prohibition on placing on the market. While the European Strategy for Plastics already envisages action in this area, it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas. _________________ 48The evaluation should also assess economic impact on sectors most exposed by this Directive, including compliance costs. _________________ 48 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 67 #
Proposal for a directive
Recital 24
Recital 24
(24) In order to ensure uniform conditions for the implementation of this Directive, implementing powers should be conferred on the Commission in respect of the methodology for the calculation of the annual consumption of the single-use plastic products for which consumption reduction objectives have been set, the specifications for the marking to be affixed on certain single-use plastic products and the format of the information to be provided by Member States and compiled by the European Environment Agency on the implementation of this Directive. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council49 . _________________ 49 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 75 #
Proposal for a directive
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘placing on the market’ means the first making available of a product on the Union market;
Amendment 76 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures to achieve a significant reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [sixtwo years after the end-date for transposition of this Directive].
Amendment 91 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. For the purposes of this Article metal caps or lshall not be considered to have a significant part made of plastic. Lids with plastic seals shall not be considered to have a significant part made of plastic.
Amendment 92 #
Proposal for a directive
Article 7
Article 7
Amendment 94 #
Proposal for a directive
Article 7 a (new)
Article 7 a (new)
Article 7 a Reducing inappropriate disposal Member States shall lay down rules on substantial fines and penalties which apply to those responsible for the inappropriate release of single-use plastic products into the environment and enforce these rules properly. The fines and penalties shall be imposed on operators of wage disposal and sewage systems if these systems do not prevent the leakage or release of single-use plastic products into the environment.
Amendment 95 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure thatstablish extended producer responsibility schemes are established for all single-use plastic products listed in Part E of the Annex placed on the Union market, in aprovided that no competitive distortion arises and imported products and domestically produced products are treated with equal effect on market prices. Accordance with the provisions on extended producer responsibility in Directive 2008/98/EC shall be ensured.