Activities of Jytte GUTELAND related to 2018/0172(COD)
Legal basis opinions (0)
Amendments (44)
Amendment 71 #
Proposal for a directive
Recital 5
Recital 5
(5) In the Union, 80 to 85 % of marine litter, measured as beach litter counts, is plastic, with single-use plastic items representing 50 % and fishing-related items representing 27 %. Single-use plastics products include a diverse range of commonly used fast-moving consumer products that are discarded after having been used once for the purpose for which they were provided, are rarely recycled, and are prone to littering. A significant proportion of the fishing and aquaculture gear placed on the market is not collected for treatment. Single-use plastic products and fishing and aquaculture gear containing plastic, such as pots, traps, floats and buoys, nets, ropes, strings, cords and lines are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems, biodiversity and, potentially, to human health and are damaging activities such as tourism, fisheries and shipping.
Amendment 99 #
Proposal for a directive
Recital 8
Recital 8
(8) Single use plastic products can be manufactured from a wide range of plastics. Plastics are usually defined as polymeric materials to which additives may have been added. However, this definition would cover certain natural polymers. Unmodified natural polymers should not be covered as they occur naturally in the environment. Therefore, the definition of polymer in Article 3(5) of Regulation (EC) No 1907/2006 of the European Parliament and of the Council43 should be adapted and a separate definition should be introduced for the purposes of this Directive. Plastics manufactured with modified natural polymers, or plastics manufactured from bio-based, fossil or synthetic starting substances are not naturally occurring and should therefore be addressed by this Directive. The adapted definition of plastics should therefore cover polymer-based rubber items and bio-based and biodegradable plastics regardless of whether they are derived from biomass and/or intended to biodegrade over time. Certain polymeric materials are not capable of functioning as a main structural component of final materials and products, such as polymeric coatings, linings or layers, paints, inks, and adhesives. TWith the exception of labelling requirements, those materials should not be addressed by this Directive and should therefore not be covered by the definition. __________________ 43 Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (OJ L 396, 30.12.2006, p. 1).
Amendment 103 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8 a) Where polymeric coatings, linings or layers are part of, but not the main structural component of materials and products, such materials and products should be subject of clear, comprehensible and legible labelling informing consumers of the plastic contents, so as to reduce the risks of dispersal in the environment.
Amendment 105 #
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) A clear definition of biodegradable and compostable plastic should be laid down in order to clarify the ambiguities and misunderstandings that exist with regard to this subject. In that connection, a definition is supplied by Directive 94/62/EC on packaging and packaging waste.
Amendment 134 #
Proposal for a directive
Recital 12
Recital 12
(12) For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily available. In order to limit the adverse impact of such products on the environment, Member States should be required to prohibit or restrict their placing on the Union market. By doing so, the use of those readily available and more sustainable alternatives as well as innovative solutions towards more sustainable business models, re-use alternatives and substitution of materials would be promoted. Specific criteria should be laid down for the life-cycle evaluation of these alternatives and to determine whether they meet the requirements that are currently met by single-use plastic products, comply with EU legislation on waste and provide greater sustainability.
Amendment 154 #
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, consumption reduction targets and awareness-raising measures. 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 and, if relevant, about the existence of alternative products with similar operational characteristics. The Commission should be empowerdelegated 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 understandable.
Amendment 181 #
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 gearand aquaculture gear and, where relevant, about the existence of alternative products with similar operational characteristics . 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 and aquaculture gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation. Similar awareness raising measures should also cover those single-use plastic products subject to restrictions and limitations on placing on the market with a view to obtaining the necessary support from citizens and consumers.
Amendment 215 #
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 216 #
Proposal for a directive
Recital 24 a (new)
Recital 24 a (new)
(24a) The Commission should be delegated the power to adopt acts in accordance with Article 290 TFEU concerning the definition of technical specifications for the marking to be affixed to certain single-use plastic products.
Amendment 219 #
Proposal for a directive
Recital 25
Recital 25
(25) Since the objectives of this Directive, namely to prevent and to reduce the impact of certain single-use plastic products and fishing and aquaculture gear containing plastic on the environment, to promote the transition to a circular economy, including the fostering of innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives,
Amendment 227 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
The objective of this Directive is to prevent and reduce the impact of certain plastic products on the environment, in particular the aquatic environment, and on human health as well as to promote the transition to a non-toxic circular economy with innovative business models, products and materials, thus also contributing to the efficient functioning of the internal market.
Amendment 232 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
This Directive shall apply to the single-use plastic products listed in the Annex and to fishing and aquaculture gear containing plastic.
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) 'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified and polymeric coatings, linings or layers, paints, inks and adhesives which are not capable of functioning as a main structural component of final materials and products;
Amendment 261 #
Proposal for a directive
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) 'single-use plastic product' means a product that is made wholly or partly from plastic which functions as the main structural component and that is not conceived, designed or placed on the market to accomplish, within its life span, multiple trips or rotations by being returned to the producer for refill or re- used for the same purpose for which it was conceived;
Amendment 268 #
Proposal for a directive
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘fishing gear’ means any item or piece of equipment that is used in fishing and aquaculture to target or, capture or retain for farming marine biological resources or that is floating on the sea surface and is deployed with the objective of attracting and, capturing or retaining such marine biological resources;
Amendment 286 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall take the necessary measureadopt national plans to achieve a significant reduction, of at least 40%, in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by … [six years after the end-date for transposition of this Directive] and of at least 60% by ... [eight years after the deadline for transposition of this Directive].
Amendment 305 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Those measures may include national consumption reduction targets,e above-mentioned national plans shall lay down national consumption reduction targets in accordance with the provisions of the previous subparagraph and the measures necessary for achieving them, such as measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, and economic instruments such as ensuring that single- use plastic products are not provided free of charge at the point of sale to the final consumer. Those measures may vary depending on the environmental impact of the products referred to in the first subparagraph.
Amendment 311 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
These plans shall be forwarded to the Commission and shall be updated where necessary. The Commission may issue recommendations on the plans adopted.
Amendment 312 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 b (new)
Article 4 – paragraph 1 – subparagraph 2 b (new)
The data forwarded by the Member States pursuant to Article 13(1)(a) within [three years after the end-date for transposition of this Directive], relating to the previous year, shall constitute the benchmark from which to calculate the significant reduction referred to in the first subparagraph of this Article.
Amendment 316 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Commission mayshall adopt an implementing act laying down the methodology for the calculation and verification of the significant reduction in the consumption of the single-use plastic products referred to in paragraph 1. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2) by... [one year after the end-date for transposition of this Directive].
Amendment 342 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
Amendment 347 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1 by [two years after entry into force of this Directive].
Amendment 358 #
Proposal for a directive
Article 6 – paragraph 4 b (new)
Article 6 – paragraph 4 b (new)
Amendment 360 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that each single-use plastic product listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking, both on packaging containing several units and on each separate unit, when packaged individually, informing consumers of one or more of the following:
Amendment 373 #
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) appropriate waste disposal options for the product orand waste disposal means to be avoided for that product,
Amendment 393 #
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission shall, by … [12 months before the end-date for transposition of this Directive] adopt an implementing delegated act laying down the specifications for the marking referred to in paragraph 1. That implementingdelegated act shall be adopted in accordance with the examination procedure referred to in Article 16(2a).
Amendment 417 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The Member States shall adopt the measures required to ensure that financial contributions paid by producers of single-use plastic products in fulfilment of their obligations deriving from producer responsibility are adjusted, in particular to take into account the durability, repairability, re-usability and recyclability of those products.
Amendment 458 #
Proposal for a directive
Article 10 – paragraph -1 (new)
Article 10 – paragraph -1 (new)
-1. Member States shall adopt measures designed to notify consumers of the single-use plastic products listed in Part B of the Annex of the reasons for restrictions on placing them on the market before those restrictions enter into force.
Amendment 484 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – point b
Article 13 – paragraph 1 – subparagraph 1 – point b
(b) information on the plans and measures taken by Member States for the purposes of Article 4(1) and Article 8.
Amendment 489 #
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission mayshall adopt implementing acts laying down the format for the data set, information and data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 504 #
Proposal for a directive
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) it is feasible to establish binding quantitative Union targets for the consumption reduction of, in particular, single-use plastic products listed in Part A of the Annexreview the quantitative consumption reduction targets laid down in Article 4;
Amendment 521 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Article 16 a Exercise of the delegation 1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 7(2) shall be conferred on the Commission for a period five years from... [date of entry into force of this Directive].The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 7(2) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.6. A delegated act adopted pursuant to Article 7(2) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.”.
Amendment 540 #
Proposal for a directive
Annex I – part A – indent 2
Annex I – part A – indent 2
— Cups for beverages and their caps and lids
Amendment 550 #
Proposal for a directive
Annex I – part A – indent 2 b (new)
Annex I – part A – indent 2 b (new)
-- Tobacco products with filters and filters marketed for use in combination with tobacco products
Amendment 552 #
Proposal for a directive
Annex I – part A – indent 2 c (new)
Annex I – part A – indent 2 c (new)
-- Wet wipes, i.e. pre-wetted personal care, domestic and industrial wipes
Amendment 586 #
Proposal for a directive
Annex I – part B – indent 5
Annex I – part B – indent 5
— Beverage stirrers and sticks for holding foods such as ice creams or sweets
Amendment 634 #
Proposal for a directive
Annex I – part D – indent 3 a (new)
Annex I – part D – indent 3 a (new)
-- Food containers, i.e. receptacles such as boxes, with or without a cover, used to contain food that is intended for immediate consumption from the receptacle either on-the-spot or take-away without any further preparation, such as food containers used for fast food, except beverage containers, plates and packets and wrappers containing food
Amendment 636 #
Proposal for a directive
Annex I – part D – indent 3 a (new)
Annex I – part D – indent 3 a (new)
- Materials and products containing polymeric coatings, linings or layers which do not constitute the main structural component of the final material and product;
Amendment 641 #
Proposal for a directive
Annex I – part D – indent 3 e (new)
Annex I – part D – indent 3 e (new)
-- Tobacco products with filters and filters marketed for use in combination with tobacco products
Amendment 642 #
Proposal for a directive
Annex I – part D – indent 3 b (new)
Annex I – part D – indent 3 b (new)
-- Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation, such as crisps and sweets packets
Amendment 643 #
Proposal for a directive
Annex I – part D – indent 3 c (new)
Annex I – part D – indent 3 c (new)
-- Cups for beverages and their caps and lids
Amendment 697 #
Proposal for a directive
Annex I – part G – indent 2
Annex I – part G – indent 2
— Packets and wrappers made from flexible material containing food that is intended for immediate consumption from the packet or wrapper without any further preparation, such as crisps and sweets packets
Amendment 699 #
Proposal for a directive
Annex I – part G – indent 4
Annex I – part G – indent 4
— Cups for beverages and their caps and lids
Amendment 709 #
Proposal for a directive
Annex I – part G – indent 8
Annex I – part G – indent 8
— Lightweight plastic carrier bags as defined in Article 3(1c) of Directive 94/62/EC and very lightweight plastic carrier bags as defined in Article 3(1d) of Directive 94/62/EC compostable under standard CEN 13432