18 Amendments of Romana TOMC related to 2018/0172(COD)
Amendment 41 #
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 43 #
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. 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 44 #
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 lifecycle inclusive the marine environment and the waste hierarchy. _________________ 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 47 #
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 draft measure related to packaging before adopting it, in order to verify whether it may create barriers to the functioning of the internal market.
Amendment 52 #
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 59 #
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. 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 60 #
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 73 #
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 functions as athe main structural component of final products, with the exception of natural polymers that have not been chemically modified;
Amendment 74 #
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 with the plastic functioning 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 80 #
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 84 #
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 86 #
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 98 #
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, as defined under Article 8 and 8a of Directive 2008/98/EC including the costs to clean up litter and the costs of the awareness raising measures referred to in Article 10 regarding those products.
Amendment 99 #
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 107 #
Proposal for a directive
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
Member States shall take the necessary measures to collect separately, by 2025, an amount of waste single-use plastic products listed in Part F of the Annex equal to 90% of such single-use plastic products placed on the market in a given year by weight. In order to achieve that objective Member States may inter alia:should establish deposit-refund schemes.
Amendment 108 #
Proposal for a directive
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) establish deposit-refund schemes, or.
Amendment 109 #
Proposal for a directive
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 118 #
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.