52 Amendments of Lorenzo CESA related to 2018/0172(COD)
Amendment 32 #
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 12
Recital 12
(12) For other single-use plastic products, suitable and more sustainable alternatives that are also affordable are readily avThe plastics industry plays a very important role within the European economy; more opportunities for innovation, competitiveness and employment will arise through the improvement of sustailnable. In order to limility measures, in line with the adverse impact of such products on the environment, Member States should be required to prohibit their placing on the Union market. By doing so, the use ofobjectives pursued by the new EU industrial policy strategy and the recycling and recovery targets pursued by the Circular Economy Package (Directive 2018/851 / EU on waste and Directive 2018/852/ EU on packaging). Achieving the objectives of the European Plastics Strategy in the Circular Economy (Commission Communication COM (2018) 28 final) and the development of the potential for 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 promoteduse and recycling of plastic waste has required and will require significant investments in infrastructure and innovation. Innovation is vital to the process of transformation and modernization of the plastics value chain. Indeed, innovative solutions for advanced waste selection process, chemical recycling and better polymer design can lead to more effective and less costly solutions.
Amendment 73 #
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 and fishing gears 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 and fishing gears 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 75 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6 a) Fostering research and innovation in the packaging sector is a key factor in order to promote a more sustainable value chain. To this aim, it is necessary to strengthen the relevant funding mechanisms within the context of the European R&D programming tools, such as the EU Framework Programs for Research and Innovation (i.e. Horizon 2020),with a view to the forthcoming Strategic Research Innovation Agenda for Plastics;
Amendment 79 #
Proposal for a directive
Recital 25 a (new)
Recital 25 a (new)
(25 a) The fostering of research and innovation is a necessary tool and precondition to achieve a more sustainable value chain within the packaging sector. To this end, it appears desirable to bolster the funding mechanisms within the context of the European R&D programming tools, such as the EU Framework Programs for Research and Innovation (i.e. Horizon 2020), in light of the upcoming Strategic Research Innovation Agenda for Plastics. (This amendment should be included as a new recital; the position in particular is not important.)
Amendment 85 #
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 gear containing plastic, excluding food containers for pre-packed food as defined in Regulation 1169/2016 article2, paragraph 2, letter e).
Amendment 91 #
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 and that is not concelisted in the Annex to this Directived, designed or placed on the market to accomplish, within its life span, multiple tripwith the exclusion of those components which are not capable of functioning as a main structural component of final products, such as polymeric coatings, linings or layers, paints, inks and adhesives. Plastic products as cups, glasses, plates, containers for rotations by being returned to the producer for refill or re-usfood and beverages and related accessories (e.g. cutlery), when they fall in the definition of packaging, are excluded forom the same purpose for which it was conceivedcope of this Directive. The definition does not apply to plastic products that exceed 20 complete cycles in the dish-washer under the conditions of EN 12875-1;
Amendment 101 #
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 102 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Amendment 108 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
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 … [six years after the end-date for transposition of this Directive] where not compliant with recycling provisions under article 6 of the Directive 2008/98/EC and according to the waste hierarchy provided by Article 4 c) of the same Directive2008/98/EC.
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Amendment 116 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. 2. Where compliant with recycling provisions referred to paragraph 1 of this article, single-use plastic products listed in Part A of the Annex are subject to the extended producer responsibility established by Article 8.
Amendment 117 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1 b. 3.Member States shall take measures to encourage the recycling of single-use plastic products falling under paragraph 2 of this article.These measures may include, inter alia: a) the setting of qualitative or quantitative collection, sorting; b) the use of economic incentives.
Amendment 130 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall prohibit the placing on the Union market of the single-use plastic products listed in Ppart B of the Annex. where not compliant with recycling provisions under article 6 of the Directive 2008/98/EC and according to the waste hierarchy provided by Article 4 c) of the same Directive 2008/98/EC.
Amendment 133 #
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 limThe plastic's industry is very important for the European economy; enhancing sustainability can create new opportunities for innovation, competitiveness and employment, in line with the adverse impact of such products on the environment, Member States should be required to prohibit 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. objectives pursued by the new EU industrial policy strategy and the recycling and recovery targets pursued by the Circular Economy Package (Directive 2018/851 / EU on waste and Directive 2018/852 / EU on packaging). Achieving the objectives of the European Plastics Strategy in the Circular Economy (Commission Communication COM (2018) 28 final) and the development of the potential for the reuse and recycling of plastic waste will require significant investment in infrastructure and innovation. Innovation is a key factor in the transformation of the plastics value chain, by modernizing it as well as by reducing the costs of existing solutions. Indeed, innovative solutions for advanced waste selection process, chemical recycling and better polymer design can lead to very effective solutions.
Amendment 133 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
Where compliant with recycling provisions referred to in Article 5.1, single-use plastic products listed in Part B of the Annex are subject to the extended producer responsibility established by Article 8.
Amendment 134 #
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
Member States shall take measures to encourage the recycling of single-use plastic products falling under paragraph 2 of this Article.These measures may include, inter alia: a) the setting of qualitative or quantitative collection, sorting; b) the use of economic incentives.
Amendment 140 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 146 #
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 informing consumers of one or more of the following:
Amendment 150 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 155 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 156 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 162 #
Proposal for a directive
Recital 15
Recital 15
Amendment 167 #
Proposal for a directive
Article 8 – paragraph 4 – subparagraph 1
Article 8 – paragraph 4 – subparagraph 1
With regard to the schemes established pursuant to paragraph 3, Member States shall ensure that the producers of fishing gear containing plastic shall cover the extra-costs of the collection of waste fishing gear containing plastic that has been delivered to adequate port reception facilities in accordance with Union law on port reception facilities or to other equivalent collection systems that fall outside the scope of Union law on port reception facilities and its subsequent transport and treatment. The producers shall also cover the costs of the awareness- raising measures referred to in Article 10 regarding fishing gear containing plastic.
Amendment 193 #
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 200 #
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 which products no longer need to be subject to the restrictions on placing on the market, where appropriateconsuming reduction.
Amendment 204 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3 a. Before implementing what is described under letter c), Member States will have to conduct and evaluate the social, economic and environmental impacts, including an assessment of the elements listed in article 4, paragraph 0.1.
Amendment 211 #
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 and fishing gears 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 and fishing gears 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.
Amendment 225 #
Proposal for a directive
Annex I – part B – indent 2
Annex I – part B – indent 2
Amendment 229 #
Proposal for a directive
Annex I – part B – indent 3
Annex I – part B – indent 3
Amendment 233 #
Proposal for a directive
Annex I – part B – indent 6
Annex I – part B – indent 6
Amendment 243 #
Proposal for a directive
Annex I – part D – indent 1
Annex I – part D – indent 1
Amendment 245 #
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 and that is not concelisted in the Annex to this Directived, designed or placed on the market to accomplish, within its life span, multiple tripwith the exclusion of those components which are not capable of functioning as a main structural component of final products, such as polymeric coatings, linings or layers, paints, inks and adhesives. Plastic products as cups, glasses, plates, containers for rotations by being returned to the producer for refill or re-usfood and beverages and related accessories (e.g. cutlery), when they fall in the definition of packaging, are excluded forom the same purpose for which it was conceivedcope of this Directive. The definition does not apply to plastic products that exceed 20 complete cycles in the dish-washer under the conditions of EN 12875-1;
Amendment 245 #
Proposal for a directive
Annex I – part D – indent 2
Annex I – part D – indent 2
Amendment 247 #
Proposal for a directive
Annex I – part D – indent 3
Annex I – part D – indent 3
Amendment 251 #
Proposal for a directive
Annex I – part E – indent 1
Annex I – part E – indent 1
— FEmpty food containers used to take away food, 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 252 #
Proposal for a directive
Annex I – part E – indent 2
Annex I – part E – indent 2
Amendment 253 #
Proposal for a directive
Annex I – part E – indent 2 a (new)
Annex I – part E – indent 2 a (new)
- Cutlery (forks, knives, spoons, chopsticks)
Amendment 254 #
Proposal for a directive
Annex I – part E – indent 3 a (new)
Annex I – part E – indent 3 a (new)
- Plates
Amendment 256 #
Proposal for a directive
Annex I – part E – indent 7
Annex I – part E – indent 7
Amendment 263 #
Proposal for a directive
Annex I – part G – indent 1
Annex I – part G – indent 1
— FEmpty food containers used to take away food, 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 264 #
Proposal for a directive
Annex I – part G – indent 2
Annex I – part G – indent 2
Amendment 265 #
Proposal for a directive
Annex I – part G – indent 7
Annex I – part G – indent 7
Amendment 290 #
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 … [six years after the end-date for transposition of this Directive] where not compliant with recycling provisions under article 6 of the Directive2008/98/EC and according to the waste hierarchy provided by Article 4 c) of the same Directive 2008/98/EC. Where compliant with recycling provisions referred to paragraph 1 of this article, single-use plastic products listed in Part A of the Annex are subject to the extended producer responsibility established by Article 8. Member States shall take measures to encourage the recycling of single-use plastic products falling under paragraph 2 of this article. These measures may include, inter alia: a) the setting of qualitative or quantitative collection, sorting; b) the use of economic incentives.
Amendment 314 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. Before the adoption of reduction measures, Member States will have to conduct and evaluate the social, economic and environmental impacts including: - the presence of sufficient availability of alternative items; - the environmental impacts of alternative products based on life cycle approach; - where applicable, impacts on the requirements for suitability for food contact, on the production of food waste, on good hygiene and production practices, on information to the consumer and on the traceability required by current legislation; - the impact on the internal market, on international trade agreements and on consumer prices; - impacts on the safety and health of consumers, especially children; - the effectiveness of alternative measures such as voluntary agreements; - the implementation of efficient collection and recycling systems to achieve the objectives set by the Circular Economy package; - the implementation of effective control systems and sanctions related to the abandonment of waste.
Amendment 343 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 363 #
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 informing consumers of one or more of the following:
Amendment 378 #
Proposal for a directive
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
Amendment 398 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 403 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 512 #
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 which products no longer need to be subject to the restrictions on placconsuming reduction. Before implementing what is described under letter c), Member States will have to conduct and evaluate the social, economic and environmental impacts, including oan the market, where appropriate. assessment of the elements listed in article 4, paragraph 0.1
Amendment 625 #
Proposal for a directive
Annex I – part D
Annex I – part D