Activities of Francisco de Paula GAMBUS MILLET related to 2018/0172(COD)
Plenary speeches (1)
Reduction of the impact of certain plastic products on the environment (debate) ES
Amendments (28)
Amendment 68 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) In the European multi-level governance model, regional and local authorities are key for an effective implementation of circular economy policies. Either through power-sharing arrangements or constitutional attribution of powers, regional and local authorities are often responsible for the development and implementation of laws, policies, strategies and fiscal mechanisms in areas that directly contribute to transition to a circular economy, and especially in developing measures that involve the private sector and consumers.
Amendment 90 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Directive is without prejudice to the provisions established in Directive 94/62/EC regarding single-use plastic products that are considered packaging items as defined by Article 3(1) of Directive 94/62/EC.
Amendment 122 #
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 prejudice to Article 18 of Directive 94/62/EC, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44 . When considering a measure having restrictive effects on intra-Union trade, Member States should be able to demonstrate that the measure in question is adequate to attain the objective of reducing a significant reduction in the consumption of those products, does not go beyond what is necessary to attain that objective and does not constitute a means of arbitrary discrimination or a disguised restriction on trade between Member States. Member States should encourage the use of products that are suitable for multiple use and that are, after having become waste, suitable for preparing for re-use and recycling and without compromising the free movement of goods in the internal market. Those measures should take into account the impact of products throughout their life cycle inclusive the marine environment and the waste hierarchy. Member States should encourage reusable cutlery, plates and cups in establishments where food or drinks are provided for consumption in the store or on the spot, including but not limited to restaurants, fast food stores, cafés and food trucks. __________________ 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 labelling (OJ L 338, 13.11.2004, p.4-17).
Amendment 130 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Member States should be required, in accordance with Directive 94/62/EC, to notify the Commission of any drafted measure related to packaging before adopting it, in order to verify whether it may create barriers to the functioning of the internal market.
Amendment 164 #
Proposal for a directive
Recital 15
Recital 15
(15) With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the necessary costs of waste management and clean-up of litterin line with Article 8 and 8a of Directive 2008/98/EC and Article 7 of Directive 94/62/EC as well as the costs of awareness-raising measures to prevent and reduce such litter.
Amendment 175 #
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 should, however, be supplemented by a collection target and 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 183 #
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, including education campaigns at schools, ensuring that such information is given to the consumers to incentivise them to change their behaviour and to participate more actively in litter prevention. This information should include the impact of inappropriate waste disposal on the sewer network. 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. The fight against litter should be a shared effort between competent authorities, producers and consumers. 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 obligation.
Amendment 192 #
Proposal for a directive
Recital 19
Recital 19
(19) Directive 2008/98/EC lays down general minimum requirements for extended producer responsibility schemes. Those requirements should apply to extended producer responsibility schemes established by this Directive. This Directive, however, establishes additional extended producer responsibility requirements, for example, the requirement on producers of certain single-use plastic products to cover the costs of clean-up of litter.
Amendment 204 #
Proposal for a directive
Recital 21
Recital 21
(21) As the Court of Justice has held on numerous occasions, it would be incompatible with the binding effect, which the third paragraph of Article 288 of the Treaty ascribes to a Directive, to exclude, in principle, the possibility of an obligation imposed by a Directive from being relied on by persons concerned. That consideration applies particularly in respect of a Directive, which has amongst its objectives the protection of the environment from the adverse effects of marine litter. Therefore, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment, which is adequate for personal health and well-being. In addition, where a large number of persons are in a 'mass harm situation', due to the same illegal practices relating to the violation of rights granted by this Directive, they should have the possibility to use collective redress mechanisms, where such mechanisms have been established by Member States in line with Commission Recommendation 2013/396/EU47 . __________________ 47 Commission Recommendation of 11 June 2013 on common principles for injunctive and compensatory collective redress mechanisms in the Member States concerning violations of rights granted under Union law (OJ L 201, 26.7.2013, p. 60).
Amendment 209 #
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. __________________ 48 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 292 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Member States shall take the necessary measures, without prejudice to Article 18 of Directive 94/62/EC, 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 … [six years after the end-date for transposition of this Directive].
Amendment 306 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Those measures may include national consumption reduction targets, measures ensuring that reusable alternatives to those products are made available at the point of sale to the final consumer, 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 shall be proportionate and non-discriminatory and may vary depending on the environmental impact of the products referred to in the first subparagraph.
Amendment 309 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
Member States shall notify the Commission, in accordance with Article 16 of Directive 94/62/EC, of any draft measures that they plan to adopt pursuant to the first subparagraph to permit the Commission to examine it in light of the functioning of the internal market.
Amendment 348 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. TBy [3 months after entering into force of this directive] the Commission shall request the European standardisation organisations to develop harmonised standards relating to the requirement referred to in paragraph 1.
Amendment 362 #
Proposal for a directive
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. Member States shall ensure that each sales packaging of the single-use plastic product listed in Part D of the Annex placed on the market bears a conspicuous, clearly legible and indelible marking informing consumers of one or more of the following:
Amendment 376 #
Proposal for a directive
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) the negative environmental impacts of littering or other inappropriate waste disposal of the products, or
Amendment 382 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) the presence of plastics in the product., and
Amendment 390 #
Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(c a) the recyclability of a product.
Amendment 394 #
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 act laying down the specifications for the marking referred to in paragraph 1 and in doing so shall take account of sectoral voluntary agreements and shall not mislead the consumer. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).
Amendment 405 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
With regard to the schemes established pursuant to paragraph 1, Member States shall ensure that the producers of the single-use plastic products listed in Part E of the Annex shall cover the necessary costs of the collection of waste consisting of those single-use plastic products and its subsequent transport and treatment, including the costs to clean up litteras defined under Article 8 and 8a of Directive 2008/98/EC and the costs of the awareness raising measures referred to in Article 10 regarding those products.
Amendment 420 #
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
For single-use plastic products that are packaging, the requirements laid down in this paragraph supplementare without prejudice to the requirements regarding extended producer responsibility schemes laid down in Directive 94/62/EEC and Directive 2008/98/EC.
Amendment 424 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Member States shall ensure that extended producer responsibility schemes are established for fishing gear containing plastic placed on the Union market, in accordance with the provisions on extended producer responsibility in Directive 2008/98/EC. Member States shall ensure on that basis that a minimum collection rate of fishing gear containing plastic is achieved annually. From 2025 the minimum collection rate shall be 35 % calculated on the basis of the total weight of fishing gear collected in a given year in the Member State concerned, expressed as a percentage of the average weight of fishing gear placed on the market in the three preceding years in that Member State.
Amendment 460 #
Proposal for a directive
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the available of reusable alternatives, re-use systems and waste management options for those products and fishing gear containing plastic as well as best practices in sound waste management carried out in accordance with Article 13 of Directive 2008/98/EC;
Amendment 514 #
Proposal for a directive
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) sufficient scientific and technical progress has been made, and criteria or a standard for biodegradability in the marine environment applicable to single-use plastic products within the scope of this directive and their single-use substitutes have been developed, in order to determine wh based on solid field testing in real marine life conditions and where the biodegradation of the plastich products no longer need to be subject to the restrictions on placing on the market, where appropriate results in carbon dioxide (CO2), biomass and water that is fully re- integrated into the natural carbon and nitrogen cycles without damaging ecosystem balances.
Amendment 525 #
Proposal for a directive
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
However, the Member States shall apply the measures necessary to comply with Articles 5 and 7(1) from … [2 years after entry into force of this Directive] and with Article 6(1) from …[32 years after the entry into force of this Directivee standard referred to in Article 6(3)].
Amendment 640 #
Proposal for a directive
Annex I – part D – indent 3 a (new)
Annex I – part D – indent 3 a (new)
- Tobacco products with filters and filters marketed for use in combination with tobacco products
Amendment 661 #
Proposal for a directive
Annex I – part E – indent 6
Annex I – part E – indent 6
— Wet wipes, i.e. pre-wetted personal care, domestic and industrial wipes, sanitary towels (pads) and tampons and tampon applicators and disposable nappies.
Amendment 682 #
Proposal for a directive
Annex I – part F – indent 1
Annex I – part F – indent 1
— Beverage bottles, including its cap and lid