45 Amendments of Fredrick FEDERLEY related to 2015/0276(COD)
Amendment 33 #
Proposal for a directive
Recital 7
Recital 7
(7) With the combination of recycling targets and landfill restrictions laid down in Directives 2008/98/EC and 1999/31/EC, the Union targets for energy recovery and the recycling targets for packaging waste laid down in Directive 94/62/EC are no longer necessary. However, energy recovery should still be an option when appropriate based on a life cycle analysis (LCA).
Amendment 37 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
Amendment 41 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Separate collection should also be further strengthened in terms of packaging and packaging waste. However when life cycle analysis (LCA) show environmental gains exceptions could be made;
Amendment 47 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) The calculation method should further strengthen the functioning of the internal market, hence flexibility for Member States in using this method should be limited, therefore the Commission should propose adjustments of the method including adjustments of the targets;
Amendment 53 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) An important objective in this directive is to improve the conditions on the internal market. Therefore reporting by the Commission on the effects by this directive on the functioning of the internal market is an important measure;
Amendment 62 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b a (new)
Article 1 – paragraph 1 – point 1 – point b a (new)
Directive 94/62/EC
Article 3 – paragraph 1 – point 2 a (new)
Article 3 – paragraph 1 – point 2 a (new)
(ba) the following point is added: "2a. 'bio-based' shall be understood as derived from biomass.;"
Amendment 63 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point b b (new)
Article 1 – paragraph 1 – point 1 – point b b (new)
(bb) the following point is added: "2b. 'biomass' shall mean the biodegradable fraction of products, waste and residues from biological origin from agriculture (including vegetal and animal substances), forestry and related industries including fisheries and aquaculture, as well as the biodegradable fraction of industrial and municipal waste;"
Amendment 72 #
Proposal for a directive
Recital 2
Recital 2
(2) The targets laid down in Directive 94/62/EC of the European Parliament and of the Council13 for the recovery and recycling of packaging and packaging waste should be amended by increasing the preparing for re-use and recycling of packaging waste in order to betterto reflect the Union’s ambition to move towards a circular economy. __________________ 13 Directive 94/62/EC of European Parliament and Council of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).
Amendment 76 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Such other measures may consist of national programmes, incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted, if appropriate, in consultation with economic operators, and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention. These measures may also involve environmental information aimed at the general public through educational or awareness raising activities, including digital solutions. They shall comply with the objectives of this Directive as defined in Article 1(1).
Amendment 87 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 94/62/EC
Article 4 a (new)
Article 4 a (new)
(2a) Article 4 a is added: "When appropriate, member States shall encourage the use of materials causing low greenhouse gas emissions including bio-based materials for manufacturing of packaging through incentives and measures including improving market conditions for these materials and review existing regulations preventing the use of such materials.";
Amendment 88 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Waste prevention is the most efficient way to improve resource efficiency and reduce the environmental impact of waste. For those reasons, Member States should achieve a significant and sustained reduction in the use of non-recyclable packaging and of excess packaging items and phase out non-recyclable packaging when that packaging is not re-usable.
Amendment 92 #
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Increased re-use of packaging could bring a reduction of the overall costs along the supply chain and reduce the environmental impact of re-usable packaging waste. Therefore, it is necessary that Member States provide financial and fiscal incentives for producers which put reusable packaging, which at the end of its life can be effectively recycled, on the market.
Amendment 96 #
Proposal for a directive
Recital 4 c (new)
Recital 4 c (new)
(4c) Fostering a sustainable bio- economy can contribute to decreasing Europe's dependence on imported raw materials. Improving market conditions for sustainable bio-based packaging from renewable sources and reviewing existing legislation hampering the use of those materials may offer the opportunity to substitute fossil sources for packaging with renewable ones when environmentally beneficial from a lifecycle perspective.
Amendment 102 #
Proposal for a directive
Recital 5
Recital 5
(5) Through a progressive increase of the existing targets on preparing for re-use and recycling of packaging waste, it should be ensured that economically valuable waste materials are progressively and effectively recovered through proper waste management and in line with the waste hierarchy. That way it should be ensured that valuable materials found in waste are returned into the European economy, thus making progress in the implementation of the Raw Materials Initiative15 and the creation of a circular economy. __________________ 15 and, in the case of packaging material, without prejudice to food safety, consumer health and food contact materials legislation. __________________ 15 COM(2013) 442. COM(2013) 442.
Amendment 108 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) In order to help achieve the targets of this Directive and to boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices between Member States and between different sectors of the economy. This exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.
Amendment 110 #
Proposal for a directive
Recital 8
Recital 8
(8) This Directive sets long-term objectives for the Union’s waste management and gives the economic operators and the Member States a clear direction for the necessary investments to attain the objectives of this Directive. In developing their national waste management strategies and planning investments in waste management infrastructure and the circular economy by large, Member States should make a sound use of the European Structural and Investment Funds in line with the waste hierarchy byand devise these strategies and investment plans so that they are geared primarily to promoting waste prevention, and re-use and recycling, followed by recycling, in line with the waste hierarchy.
Amendment 121 #
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure the reliability of the data gathered on preparation for re-use it is essential to establish common rules for reporting. Similarly, it is important to lay down more precisely the rules according to which Member States should report what is effectively recycled and can be counted towards the attainment of the recycling targets. To that effect, as a general ruleCalculation of the attainment of the targets should be based on one solid and harmonised method that prevents reporting of discarded waste as recycled waste. To that end, the reporting on the attainment of the recycling targets must be based on the input to the final recycling process. In order to limit administrative burdens, Member States should be allowed,add to the reliability of the data gathered and to better under strict conditions, to report recycling rates on the basisand the different waste streams, Member States should also gather data ofn the output of sorting facilities and ensure that waste streams are tracked. Losses in weight of materials or substances due to physical and/or chemical transformation processes inherent to the final recycling process should not be deducted from the weight of the waste reported as recycled.
Amendment 127 #
Proposal for a directive
Recital 14
Recital 14
(14) Statistical dataData and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statisticsreported data should be improved by establishing a common methodology for collection and processing of data based reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.
Amendment 129 #
Proposal for a directive
Recital 16
Recital 16
(16) Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparorting on the reports on compliance withachievements of the targets set out in Directive 94/62/EC, Member States should be required to use the most recentall use the common methodology developed by the Commission andin cooperation with the national statistical offices of the Member States and the national authorities responsible for waste management.
Amendment 140 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 94/62/EC
Article 6 – paragraph 8
Article 6 – paragraph 8
(d) paragraphs 5, 8, and 9 are deleted; 8 is replaced by the following: "The Commission shall, taking into account individual circumstances in each member state, asses the implementation of this Directive with regards to the functioning of the internal market. This assessment should be conducted at a minimum every three years and a report on the assessment should be submitted to the European Parliament and the Council."
Amendment 141 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 94/62/EC
Article 6 – paragraphs 5 and 9
Article 6 – paragraphs 5 and 9
(d) paragraphs 5, 8, and 9 are deleted;
Amendment 146 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 153 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 94/62/EC
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Such other measures may consist of national programmes, incentives through extended producer responsibility schemes to minimise the environmental impact of packaging or similar actions adopted, if appropriate, in consultation with economic operators, and designed to bring together and take advantage of the many initiatives taken within Member States as regards prevention. They shall comply with the objectives of this Directive as defined in Article 1(1)se measures may also involve information aimed at the general public through educational or awareness raising activities, including digital solutions. They shall comply with the objectives of this Directive as defined in Article 1(1). Member States shall make use of adequate economic instruments and other measures to provide incentives for the application of the waste hierarchy in order to contribute to the objectives laid down in this Directive. Annex V provides examples of such instruments and measures.
Amendment 156 #
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 94/62/EC
Article 6 a – paragraph 5 a (new)
Article 6 a – paragraph 5 a (new)
5a. The Commission shall assess and propose a new calculation method where the inclusion of products and components prepared for re-use by recognised preparation for re-use operators or deposit-refund schemes is not permitted. The proposal shall also include changes of the targets in article 6, adjusting them to the new calculation method. The Commission shall also propose measures when appropriate for re-use of packaging.
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 94/62/EC
Article 4 – paragraph 3
Article 4 – paragraph 3
(2a) In Article 4, paragraph 3 is replaced by the following: "3. The Commission shall, as appropriate, present proposals for measures to strengthen and complement the enforcement of the essential requirements and to ensure that new packaging is put on the market only if the producer has taken all necessary measures to minimise its environmental impact without compromising the essential functions of the packaging." The Commission shall in particular propose measures concerning non-recyclable packaging, packaging containing hazardous substances, disposable and excess packaging, as well as evaluating new packaging material, and assess their impact at Union level. "
Amendment 163 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Directive 94/62/EC
Article 7 – paragraph 1– subparagraph 1
Article 7 – paragraph 1– subparagraph 1
(5a) In Article 7(1), the first subparagraph is replaced by the following: "1. Member States shall take the necessary measures to ensure that systems, for examples extended producer responsibility schemes, are set up to provide for: "
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 b (new)
Article 1 – paragraph 1 – point 5 b (new)
Directive 94/62/EC
Article 7 – paragraph 2a (new)
Article 7 – paragraph 2a (new)
(5b) In Article 7, the following paragraph is added: "2a. Regarding the usage of extended producer responsibility schemes the member state shall put in place minimum requirements based on Article 8.1 in Directive 2008/98/EC and particular take into account (a) the safeguarding of the internal market (b) life-cycle approach of packaging and packaging products (c) the need to, based on EU- guidelines, to clearly define responsibilities of the actors participating in extended producer responsibility schemes including responsibility for costs (d) that cost paid by producers should take in to account the aggregated revenue from sales of secondary raw materials (e) that administrative reporting requirements for extended producer responsibility schemes should be proportionate.";
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Directive 94/62/EC
Article 7 – paragraph 2 b (new)
Article 7 – paragraph 2 b (new)
(5c) In Article 7 the following paragraph is added: "2b. Separate collection of packaging or packaging waste made of paper, metal, plastic, glass or a combination of them should be set up and systems to facilitate such collection should be set up by the Member States. Exceptions from this should be made possible for sparsely populated areas provided that a life cycle analysis (LCA), including the waste- management process, shows environmental gains.";
Amendment 169 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 94/62/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(2a) In Article 4, the following paragraph 3a is inserted: '3a. Member States shall, where appropriate and environmentally beneficial from a lifecycle perspective, encourage the use of sustainable bio- based packaging from renewable sources.
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 94/62/EC
Article 5 – paragraph 1
Article 5 – paragraph 1
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Directive 94/62/EC
Article 15 – paragraph 1
Article 15 – paragraph 1
(7a) In Article 15 the first paragraph is replaced by the following: "Acting on the basis of the relevant provisions of the Treaty, the Council adopts economic instruments to promote the implementation of the objectives set by this Directive. In the absence of such measures, the Member States may, in accordance with the principles governing Community environmental policy, inter alia, the polluter-pays principle, and the obligations arising out of the Treaty, adopt measures to implement those objectives., among them extended producers responsibility. "
Amendment 187 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Directive 94/62/EC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
(2b) In Article 5, the following paragraph 1a is inserted: (1a) In order to achieve the objectives of this Directive and the waste hierarchy, the Commission shall, no later than 31 December 2018, assess the possibilities for encouraging the re-use of packaging, and the appropriateness of specific measures for the re-use of packaging, especially in relation to the targets referred to in Article 6 (f) to (i). This assessment shall, if appropriate, be accompanied by proposals to be sent to the European Parliament and the Council.
Amendment 189 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 94/62/EC
Article 21 – paragraph 1
Article 21 – paragraph 1
1. For the purposes of Articles 12(3d) and 19(1), the Commission shall be assisted by the Committee, established by Article 39 of Directive 2008/98/EC. That committee shall ensure that opinions of environmental/waste and industry experts from the Member States shall be taken into account. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council(*).
Amendment 269 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point c a (new)
Article 1 – paragraph 1 – point 3 – point c a (new)
Directive 94/62/EC
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 273 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d
Article 1 – paragraph 1 – point 3 – point d
Directive 94/62/EC
Article 6
Article 6
(d) paragraphs 5, 8, and 9 are deleted;
Amendment 276 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
Directive 94/62/EC
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 277 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point d a (new)
Article 1 – paragraph 1 – point 3 – point d a (new)
Directive 94/62/EC
Article 6 – paragraph 8
Article 6 – paragraph 8
Amendment 285 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 1 – point a
Article 6a – paragraph 1 – point a
(a) the weight of the packaging waste recycled shall be understood as the weight of the input waste entering the final recycling process, excluding the combined weight of contaminants in the input waste;
Amendment 300 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 1 – point c a (new)
Article 6a – paragraph 1 – point c a (new)
(ca) Waste materials entering the final recycling process shall uphold quality standards. The Commission shall promote the development of European Standards on the quality of materials entering the final recycling process.
Amendment 309 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 2 a (new)
Article 6a – paragraph 2 a (new)
2a. The Commission shall examine the possibilities of and, if appropriate, propose measures for streamlining the reporting of composite packaging with the obligations laid down in this Directive
Amendment 312 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 3
Article 6a – paragraph 3
3. By way of derogation from paragraph 1, the weight of the output of any sorting operation may be reported as the weight of the packaging waste recycled provided that: (a) final recycling process; (b) substances that are not subject to a final recycling process and that arTo monitor recycling collection efficiency in line with the provisions of paragraph 1, Member States shall report on the levels of contaminants to recycling rates. The Commission shall develop a guidance document for the reporting on contaminants in recycling. such output waste disposed or subject to energy recovery remains below 10% of the total weight to be reported as recycled. sent into a the weight of materials or
Amendment 321 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 94/62/EC
Article 6a – paragraph 4
Article 6a – paragraph 4
4. Member States shall name or establish an effective system of quality control and traceability of the packaging waste to ensure that condithe obligations laid down in paragraph 3(a) and (b) are met. The this Directive are met. The sharing of best practices shall be encouraged in developing measures and systems to trace packaging waste streams from sorting to final recycling process, which is of key importance in controlling quality of waste and measure the losses in waste streams and recycling processes. The system may consist of either electronic registries set up pursuant to Article 35(4) of Directive 2008/98/EC, technical specifications for the quality requirements of sorted waste or any equivalent measure to ensure the reliability and accuracy of the data gathered on recycled waste.
Amendment 329 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 94/62/EC
Article 6b – paragraph 2 – point b a (new)
Article 6b – paragraph 2 – point b a (new)
(ba) examples of best practices that are used throughout the Union and that could provide guidance for progressing towards achieving the targets laid down in Article 6.
Amendment 370 #
Proposal for a directive
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Directive 94/62/EC
Annex IV a (new)
Annex IV a (new)
(14a) Annex IVa is added to Directive 94/62/EC on packaging and packaging waste as set out in the Annex to this Directive.
Amendment 390 #
Proposal for a directive
Annex – paragraph 2 a (new)
Annex – paragraph 2 a (new)
Directive 94/62/EC
Annex IV a (new)
Annex IV a (new)