102 Amendments of Younous OMARJEE related to 2018/0172(COD)

Proposal for a directive
Recital 1

(1) The ~~high functionality and relatively low cost of plastic means that this material is increasingly ubiquitous in everyday life. Its~~ growing use of plastic in short- lived applications, which are not designed for re-use or cost-effective recycling means that related production and consumption patterns have become increasingly inefficient and linear. Therefore, in the context of the Circular Economy Action Plan32 , the Commission concluded in the European Strategy for Plastics33 that the steady increase in plastic waste generation and its leakage into our environment, in particular into the marine environment, must be tackled in order to achieve a truly circular lifecycle for plastics. __________________ 32 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Closing the loop – An EU action plan for the Circular Economy" (COM(2015)0614 final). 33 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)28 final).

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 2

(2) Circular approaches that prioritise non-toxic re-usable products and re-use systems will lead to a reduction of waste generated, and such prevention is at the pinnacle of the waste hierarchy enshrined in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council.34 Such approaches are also in line with United Nations Sustainable Development Goal 1235 to ensure sustainable consumption and production patterns. __________________ 34 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 35 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 2 a (new)

(2a) Worldwide, between 5 and 13 million tonnes of plastic are discarded every year into the world’s oceans and it is estimated that currently there are over 150 million tonnes of plastic and micro- plastic in the oceans, mainly from single- use plastic products, causing serious damage to marine fauna and flora, the climate and global biodiversity. According to the UN, if nothing is done there will be more plastic than fish in the oceans by 2050.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 3

(3) Marine litter is of a transboundary nature and is recognized as a global problem. Reducing marine litter is a key action for the achievement of United Nations Sustainable Development Goal 14 which calls to conserve and sustainably use the oceans, seas and marine resources for sustainable development36. The Union must play its part in tackling marine litter, as a priority within its own territory, and aim to be a standard setter for the world and to initiate specific actions to clean up the plastic pollution in the oceans. In this context, the Union is working with partners in many international fora such as G20, G7 and United Nations to promote concerted action. This initiative is part of the Union efforts in this regard. __________________ 36 The 2030 Agenda for Sustainable Development adopted by the United Nations General Assembly on 25 September 2015.

2018/09/05
Committee: ENVI

Proposal for a directive
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 gear placed on the market is not collected for treatment. Single-use plastic products and fishing gear containing plastic 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.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 6

(6) Existing Union legislation40 and policy instruments provide some regulatory responses to address marine litter. In particular, plastic waste is subject to overall Union waste management measures and targets, such as the recycling target for plastic packaging waste41 and the recently adopted objective in the Plastics Strategy42 to ensure that all plastic packaging is recyclable by 2030. However, the impact of that legislation on marine litter is not sufficient and there are differences in the scope and the level of ambition amongst national measures to prevent and reduce marine litter. In addition, some of those measures, in particular marketing restrictions for single-use plastic products, may create barriers to trade and distort competition in the Union, further discouraging action at Member State level. __________________ 40 Directive 2008/98/EC, Directive 2000/59/EC, Directive 2000/60/EC, Directive 2008/56/EC and Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy, amending Regulations (EC) No 847/96, (EC) No 2371/2002, (EC) No 811/2004, (EC) No 768/2005, (EC) No 2115/2005, (EC) No 2166/2005, (EC) No 388/2006, (EC) No 509/2007, (EC) No 676/2007, (EC) No 1098/2007, (EC) No 1300/2008, (EC) No 1342/2008 and repealing Regulations (EEC) No 2847/93, (EC) No 1627/94 and (EC) No 1966/2006 (OJ L 343, 22.12.2009, p. 1). 41 Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste (OJ L 365 31.12.1994, p. 10). 42 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "A European Strategy for Plastics in a Circular Economy" (COM(2018)28 final).

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 7

(7) To focus efforts where they are most needed, this Directive should ~~only~~ cover the most commonly found single-use plastics products, which are estimated to represent around 86% of the single-use plastics found, in counts, on beaches in the Union, and also fishing gear. The transition to a circular economy will necessitate a reduction in the overall use of single-use plastics.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 7

(7) To focus efforts where they are most needed, this Directive should only cover the most found single-use plastics products, which are estimated to represent around 86% of the single-use plastics found, in counts, on beaches in the Union, and aims to ban all single-use plastic products by 2025.

2018/09/05
Committee: ENVI

Proposal for a directive
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 all 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, 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).

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 8

(8) Plastic is made from liquid produced through refining oil and it is an accepted fact that approximately 2.3 litres of oil are required to manufacture a kilo of polystyrene. 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, 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).

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 9

(9) In order to clearly define the scope of this Directive the term single-use plastic product should be defined. The definition should exclude plastic products that are conceived, designed and placed on the market to accomplish within their lifecycle multiple trips or rotations by being refilled or reused for the same purpose for which they are conceived and are likely used as such.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 10

(10) The single-use plastic products should be addressed by one or several measures, depending on various factors, such as the availability of suitable and more sustainable alternatives, the presence of substances of concern, the feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation.

2018/09/05
Committee: ENVI

Proposal for a directive
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, this Directive lays down a ban by 2025 on these single-use plastic products. By 2025, Member States ~~should b~~are required to take the necessary measures to achieve a significant reduction in the consumption of those products, without compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44. __________________ 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).

2018/09/05
Committee: ENVI

Proposal for a directive
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~~move 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 compromising food hygiene or food safety, good hygiene practices, good manufacturing practices, consumer information, or traceability requirements set out in Union food legislation44 . Reductions in overall consumption of single use products is crucial in transitioning to a circular economy. __________________ 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).

2018/09/05
Committee: ENVI

Proposal for a directive
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 immediately 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.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 12 a (new)

(12a) Filters for tobacco products are one of the most polluting single-use plastic items and the vast majority of them are found disintegrating in the environment, disseminating over 50 chemical substances that are harmful to health, the environment and biodiversity. It is essential for rigorous measures to be applied to producers of filters and tobacco products to guarantee a reduction in the production of these filters, a decrease in the plastic and harmful substances they are made up of, and arrangements for them to be collected and recycled.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 13

(13) Caps and lids, with a significant part made of plastic, from beverage containers are among the most found single-use plastic items littered on Union beaches. Therefore, beverage containers that are single-use plastic products should only be allowed to be placed on the market if they fulfil specific product design requirements significantly reducing the leakage into the environment of beverage container caps and lids. For beverage containers that are single-use plastic products and packaging, this requirement is an addition to the essential requirements on the composition and the reusable and recoverable, including recyclable, nature of packaging set out in Annex II of Directive 94/62/EEC. In order to facilitate conformity with the product design requirement and ensure a smooth functioning of the internal market, it is necessary to develop a harmonised standard adopted in accordance with Regulation (EU) No 1025/2012 of the European Parliament and of the Council45 and the compliance with that standard should allow presumption of conformity with those requirements. ~~Sufficient time should be envisaged for the development of a harmonised standard and to allow the producers to adapt their production chains in re~~In order to ensure the circular use of plastics, the market uptake of recycled materials needs to be safeguarded. Therefore, it is appropriate to introduce a requirement for a mandatory minimum content of recycled plastics in certain products, such as plastic bottles. Beverage containers that are single-use plasti~~on to the implementation of the product design requirement~~c products should be placed on the market only if they are made with at least 35% non-toxic recycled content by 2025. __________________ 45 Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council (OJ L 316, 14.11.2012, p.12).

2018/09/05
Committee: ENVI

Proposal for a directive
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, leading to substantial damage of sewer networks and added costs for water treatment. Therefore, single-use plastic products that are frequently disposed of through sewers otherwise inappropriately disposed of should be subject to marking requirements. The marking should inform consumers about appropriate waste disposal options and/or waste disposal options to be avoided and/or about the negative environmental and economic impacts of litter as a result of inappropriate disposal. The Commission should be empowered to replace sectoral voluntary labelling by the establishment of 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.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 15

(15) With regard to single-use plastic products for which there are no readily available suitable and more sustainable alternatives at present, Member States should, in line with the polluter pays principle, also introduce extended producer responsibility schemes to cover the full costs of waste management and clean-up of litter as well as the costs of awareness- raising measures to prevent and reduce such litter.

2018/09/05
Committee: ENVI

Proposal for a directive
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 further financial incentives for fishermen to bring their fishing gear waste, as well as lost fishing gear found at sea, 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.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 18

~~(18)~~ In order to prevent littering and ~~(18)~~ 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 ensuring that such information is given to the consumers in a clear manner. 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 gear containing plastic should cover the costs of the awareness raising measures as part of their extended producer responsibility obligation.

2018/09/05
Committee: ENVI

Proposal for a directive
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,~~notably the requirement on producers of certain single-use plastic products to cover the costs of clean-up of litter, as well as other measures that would be effective in reducing the impact of plastic on the environment and human health.

2018/09/05
Committee: ENVI

Proposal for a directive
Recital 20

(20) Beverage bottles that are single-use plastic products are one of the most found marine litter items on the beaches in the Union. This is due to ineffective separate collection systems ~~and low participation in those systems by the consumer~~, overdependence on plastic bottles, and the presence of hazardous substances, which inhibit the uptake of secondary raw materials in plastic bottle production. It is also due to a reluctance on the part of the industry to use recycled material for aesthetic reasons. It is necessary to promote more efficient separate collection systems and therefore, a minimum separate collection target should be established for beverage bottles that are single-use plastic products. Member States should be able to achieve that minimum target by setting separate collection targets for beverage bottles that are single-use plastic products in the framework of the extended producer responsibility schemes or by establishing deposit refund schemes or by any other measure that ~~they find appropriate~~will achieve the necessary reduction. This will have a direct, positive impact on the collection rate, the quality of the collected material and the quality of the recyclates, offering opportunities for the recycling business and the market for the recyclate. Reducing single use plastic bottles is also an aim of the revised Drinking Water Directive. By advancing the human right to water, with the provision of safe drinking water through public infrastructure and enhanced consumer confidence in tap water, a reduction in plastic bottles use can be achieved.

2018/09/05
Committee: ENVI

Proposal for a directive
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 in order to expand the list of 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. __________________ 48items. There should be no consideration of biodegradability in the review of this Directive. __________________ 48 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.

2018/09/05
Committee: ENVI

Proposal for a directive
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 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 and on human health, as well as to promote the transition to a circular economy, 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,

2018/09/05
Committee: ENVI

Proposal for a directive
Article 1 – paragraph 1

The objective of this Directive is to prevent and significantly reduce the impact of ~~certain plastic product~~plastics 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,~~through a reduction in productsion and ~~materials, thus also contri~~consumption of single use plastics, with sustainable butsin~~g to the efficient functioning of the in~~ess models, non-toxic products and maternial ~~market~~s.

2018/09/05
Committee: ENVI

Proposal for a directive
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;

2018/09/05
Committee: ENVI

Proposal for a directive
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 conceived, designed or placed on the market to accomplish, within its life span,~~unlikely to accomplish multiple trips or rotations within its life span by being returned to the producer for refill or re-used for the same purpose for which it was conceived;

2018/09/05
Committee: ENVI

Proposal for a directive
Article 3 – paragraph 1 – point 10

(10) 'producer' means any natural or legal person that, manufactures, processes, treats, sells or imports single-use plastic products or fishing gear containing plastic as understood in Article 8(1) of Directive 2008/98. A producer may be qualified as such irrespective of the selling technique used, including distance contracts within the meaning of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 201150 , places on the market single-use plastic products and fishing gear containing plastic except persons carrying out fishing activities as defined in Article 4(28) of Regulation (EC) No 1380/2013 of the European Parliament and of the Council51 ; __________________ 50 Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights, amending Council Directive 93/13/EEC and Directive 1999/44/EC of the European Parliament and of the Council and repealing Council Directive 85/577/EEC and Directive 97/7/EC of the European Parliament and of the Council (OJ L 304, 22.11.2011, p. 64–88). 51 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p.22).

2018/09/05
Committee: ENVI

Proposal for a directive
Article 3 a (new)

Article 3a Total ban on single-use plastic products Member States shall progressively ban the placing on the market of all single-use plastic products, achieving a total ban on their manufacture and placing on the market in the European Union by 2025.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1

Member States shall take the necessary measures to achieve a ~~significant~~50% reduction in the consumption of the single-use plastic products listed in Part A of the Annex on their territory by ~~… [six year~~2025 and an 80% reduction by 2030. Member States shall establish a baseline by [18 months after the end- date for transposition of this Directive]. Member States shall adopt plans for the achievement of these reductions, including the measures taken.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2

Those measures ~~may~~shall 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 and may include other measures. Those measures may vary depending on the environmental and health impact of the products referred to in the first subparagraph.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2 a (new)

Member States shall also take the necessary measures to achieve a 35% reduction by 2025 and a 60% reduction by 2030 in the consumption of the products listed in Part F of the Annex, with baseline as above.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 4 – paragraph 2

2. The Commission ~~may~~shall adopt an implementing act laying down the methodology for the calculation and verification of the ~~significant~~ reduction targets in the consumption of the single-use plastic products referred to in paragraph 1 by ...[12 months before the end date for transposition of this Directive]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 16(2).

2018/09/05
Committee: ENVI

Proposal for a directive
Article 4 a (new)

Article 4a Tobacco filters and tobacco products With regard to tobacco filters, packaging and products, Member States shall adopt binding measures on producers designed to: - progressively reduce the production of plastic filters and plastic packaging, leading to a total ban by 2025 - immediately reduce, and continue to reduce progressively up until 2025, the proportion of plastic and harmful products in tobacco filters, packaging and products placed on the market - finance the collection and recycling of tobacco filters, packaging and products

2018/09/05
Committee: ENVI

Proposal for a directive
Article 5 – paragraph 1

Member States shall prohibit the placing on market of the single-use plastic products listed in Part B of the Annex. Given that products other than those covered by this Directive are significant contributors to marine litter, the Member State will be empowered to apply to those products the same measures applicable to the items listed in Part B of the Annex. The Member State shall inform the Commission of the adoption of these measures, including their rationale, scientific evidence in support and details on their practical implementation and enforcement.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 5 – paragraph 1

Member States shall immediately prohibit the placing on market of the single-use plastic products listed in Part B of the Annex.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 1

1. Member States shall ensure that single-use plastic products listed in Part C of the Annex ~~that have caps and lids with a significant part made of plastic~~ may be placed on the market only if the caps and lids remain attached to the container during the product’s intended use stage.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 1 a (new)

1 a. Member States shall ensure that, by 2025, the products referred to in paragraph 1 are made with at least 35% of non-toxic recycled content by 2025. By 2022, the Commission shall adopt implementing acts laying down the methodology for the calculation of recycled content. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 16(2) of this Directive

2018/09/05
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 2

2. For the purposes of this Article metal caps or lids with plastic seals shall not be considered ~~to have a significant part made of plastic~~as caps and lids for products in Part C.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 3

3. The Commission shall request the European standardisation organisations to develop harmonised standards ~~relating to~~for the requirement referred to in paragraph 1.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 4 a (new)

4 a. Member States shall ensure that the product requirements for all products referred to in this Directive shall prevent the use of hazardous chemicals in their composition.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 4 c (new)

4 c. Member States shall ensure that the product requirements for all products referred to in this Directive shall prevent the use of hazardous chemicals in their composition.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 6 – paragraph 4 b (new)

4 b. Articles 16 to 29 of Regulation (EC) No 765/2008 on market surveillance shall apply to products referred to in paragraph 1 and by the corresponding implementing acts.

2018/09/05
Committee: ENVI

Proposal for a directive
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~~all of the following:

2018/09/05
Committee: ENVI

Proposal for a directive
Article 7 – paragraph 1 – point a

(a) appropriate waste disposal options for the product oand particular waste disposal means to be avoided for that product if relevant,

2018/09/05
Committee: ENVI

Proposal for a directive
Article 7 – paragraph 1 – point c

(c) the presence of plastics in the product. by percentage

2018/09/05
Committee: ENVI

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)

(c a) the presence of substances of very high concern (SVHC) as laid out in the REACH authorisation list.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)

(ca) the presence of chemical products or harmful substances in the product.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 7 – paragraph 1 – point c b (new)

(cb) the potential for recycling the product.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 7 – paragraph 1 – point c b (new)

(c b) a standardised symbol to indicate whether there are non-plastic or reusable alternatives on the market; the Commission shall come forward with a standardised symbol for this purpose by way of an implementing act

2018/09/05
Committee: ENVI

Proposal for a directive
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 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 litter, the costs linked to the treatment of water polluted by this litter and the costs of the awareness raising measures referred to in Article 10 regarding those products.

2018/09/05
Committee: ENVI

Proposal for a directive
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 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 litter, the costs of the management of hazardous chemicals in plastics and the costs of the awareness raising measures referred to in Article 10 regarding those products.

2018/09/05
Committee: ENVI

Proposal for a directive
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 with the addition of the following requirements: (a) modulate financial contributions to promote the placing on the market of fishing gear designed for reuse and recycling; (b) establish sufficient deposit-refund schemes to encourage the return of fishing gear that is no longer in use; (c) include monitoring, tracking and reporting programmes; and (d) achieve a recycling target of at least 25% for fishing gear by 2025 and 75% by 2030.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 8 – paragraph 4 a (new)

4 a. In accordance with the provisions on extended producer responsibility in Directive 2008/98/EC, Member States shall take the necessary measures to ensure that the financial contributions paid by the producer to comply with its extended producer responsibility obligations are modulated, for individual products or groups of similar products, notably by taking into account their durability, reparability, re-usability and their recyclability and the presence of hazardous substances hereby taking a life-cycle approach and aligned with the requirements set by relevant Union law, and when available, based on harmonised criteria. Member States shall take the necessary measures to ensure that a reporting system is in place to make publicly available i) the quantity of the products placed in the market and the waste flows resulting from those (ii) the financial contribution paid by producers of products per unit sold or per tonne of product placed on the market; (iii) the allocation of financial prevention and management; and (iv) the extent to which the scheme(s)reduce the amount of plastic in residual waste.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 8 – paragraph 4 b (new)

4 b. The Commission shall publish guidelines, in consultation with Member States, on modulation of financial contributions referred to in Directive 2008/98/EC (Article 8a (4)) for the plastic products listed in Part E of the Annex. Where necessary to avoid distortion of the internal market, the Commission may adopt implementing acts in order to lay down criteria with a view to the uniform application of point b of paragraph 4 of Article 8a(4) of Directive 2008/98/EC with respect to the schemes established pursuant to Article 8.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 10 – paragraph 1 – point a a (new)

(a a) the available alternatives that are reusable

2018/09/05
Committee: ENVI

Proposal for a directive
Article 10 – paragraph 1 – point b

(b) the impact of ~~littering~~plastic and other inappropriate waste disposal of those products and fishing gear containing plastic on the environment, and in particular on the marine environment.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 10 – paragraph 1 a (new)

Member States shall carry out awareness raising measures on alternatives to single- use menstrual products, including through school programmes.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 10 – paragraph 1 b (new)

Member States shall ensure that reusable menstrual products are made available widely in their territory, in particular in large retailers and pharmacies, as well as in schools.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 10 a (new)

Article 10a Initiatives for the clean-up of plastic pollution The Commission and Member States shall put in place, by 2022, a programme with European funding, in conjunction with national and local operators, to clean up and prevent plastic pollution in towns and cities, in the countryside, in the sea, on beaches and on sea-beds. The Commission shall put in place, by 2022, a programme designed to clean up the plastic waste present in international waters, and shall promote this initiative worldwide.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 11 – paragraph 2

The measures that Member States take to transpose and implement Articles 4 to 9 shall comply with Union food law to ensure that food hygiene and food safety are not compromised. Member States shall encourage the use of sustainable, safer alternatives to plastic where possible for materials in contact with food.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – point a

(a) the data on single-use plastic products listed in Part A of the Annex that have been placed on the Union market each year, to demonstrate the consumption reduction in accordance with Article 4(1) for those items listed under Part A and F, and to establish a baseline and trends for the items listed in Part C, D, E and G;

2018/09/05
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 – point b a (new)

(b a) information on the extended producer responsibility schemes established by Member States for the purposes of Article 8, including (i) the quantity of the products placed in the market and the waste flows resulting from those; (ii) the financial contribution paid by producers of products per unit sold or per tonne of product placed on the market; (iii) and the extent to which the scheme(s) reduce the amount of plastic in residual waste.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 1 – subparagraph 2

The data referred to in point (a) of the first subparagraph shall be made publically available by [the end date for transposition of this Directive] and updated annually within 12 months from the end of the reference year for which it is collected. Where possible, spatial data services as defined in Article 3(4) of Directive 2007/2/EC shall be used to present those data sets.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 13 – paragraph 4

4. The Commission ~~may~~shall 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).

2018/09/05
Committee: ENVI

Proposal for a directive
Article 15 – paragraph 1

1. The Commission shall carry out an evaluation of this Directive by … [~~six~~four years after the end-date for transposition of this Directive]. The evaluation shall be based on the information available in accordance with Article 13. Member States shall provide the Commission with any additional information necessary for the purposes of the evaluation and the preparation of the report referred to in paragraph 2.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 15 – paragraph 3 – introductory part

3. That report shall ~~also indicate whether:~~indicate whether the Annex listing single-use plastic products needs to be reviewed to include other single-use plastic items.

2018/09/05
Committee: ENVI

Proposal for a directive
Article 15 – paragraph 3 – point a

~~(a) the Annex listing single-use plastic products needs to be review~~deleted;

2018/09/05
Committee: ENVI

Proposal for a directive
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 Annex;~~deleted

2018/09/05
Committee: ENVI

Proposal for a directive
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 appropriate.deleted

2018/09/05
Committee: ENVI

Proposal for a directive
Article 15 – paragraph 3 a (new)

3 a. Any review shall not consider criteria or standards for the biodegradability or disintegration in the marine environment of single-use plastic products.

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part A – indent 2

— Cups for beverages and their lids

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part A – indent 2 a (new)

- Tobacco products with filters and filters marketed for use in combination with tobacco products

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 3

— Plates, bowls and other similar items with the same function

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 5 a (new)

- lollipop sticks

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 6 a (new)

- Wet wipes, i.e. pre-wetted personal care, domestic and industrial wipes

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 6 a (new)

- Polystyrene

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 6 h (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

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 6 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

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 6 k (new)

- Nylon teabags

2018/09/05
Committee: ENVI

Proposal for a directive
Annex I – part B – indent 6 c (new)

- Plastic corks not attached to a bottle

2018/09/05
Committee: ENVI