23 Amendments of Seán KELLY related to 2018/0172(COD)
Amendment 40 #
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 41 #
Proposal for a directive
Recital 10
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 feasibility to change consumption patterns, and the extent to which they are already covered by existing Union legislation. 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 in Article 3(1) therein.
Amendment 44 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12 a) The link between microplastics and single-use plastics and fishing gear should be considered given these plastics may fragment into microplastics and cause harm. Studies have shown that the presence of microplastics in the marine environment can be significant with evidence showing that they can be ingested by marine animals and enter the food chain as a result. The measures laid down in this Directive to reduce the impact of certain plastics is therefore has important environmental and health benefits.
Amendment 46 #
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 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 50 #
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. In addition to such initiatives, Member States should undertake activities to promote the development of fishing gear using more sustainable and environmentally-friendly materials. _________________ 46 Council Regulation (EC) No 1224/2009, Directive 2000/59/EC and Directive 2008/98/EC.
Amendment 62 #
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 63 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20 a) Raising awareness of the waste caused by single-use plastic and fishing gear, and the significant environmental impact it brings, should be considered an essential element of the EU Plastics Strategy given it will empower citizens to contribute to the reduction of plastic waste. Member States should take measures to raise awareness of the issue and the financial supports available for the purpose of tackling it, and facilitate the exchange of best practices between communities and networks.
Amendment 70 #
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. The lists in the Annex of this Directive shall apply in all Member States and shall only be modified by revision of this Directive.
Amendment 71 #
Proposal for a directive
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) 'plastic' means a material consisting of a polymer within the meaning of Article 3(5) of Regulation (EC) No 1907/2006, to which additives or other substances may have been added, and which can function as a main structural component of final products, with the exception of natural polymers that have not been chemically modified, and polymeric coatings, paints, inks and adhesives which are not capable of functioning as a main structural component of final articles and products;
Amendment 73 #
Proposal for a directive
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) 'coatings' means one or more non- self-supporting layer or layers manufactured using plastic, as defined in Article 3(1), applied on a material or article in order to impart special properties on it or to improve its technical performance;
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 83 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
Those measures shall be proportionate and non-discriminatory and shall not distort the single market. They 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 may vary depending on the environmental impact of the products referred to in the first subparagraph.
Amendment 90 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
The Commission shall conduct an assessment to evaluate: - the presence of a sufficient supply of fit- for-purpose alternatives; - the environmental impact of alternative products; - impacts on the internal market; - impacts on consumer health and safety, and on requirements laid out in Union food legislation;
Amendment 93 #
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 95 #
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 97 #
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 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 98 #
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 101 #
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 108 #
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The Commission shall develop guidance containing minimum requirements for the establishment of deposit-refund schemes.
Amendment 110 #
Proposal for a directive
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
Member States shall take measures to inform consumerall relevant actors, particularly consumers, the fishing sector, and fishing communities of the single-use plastic products listed in Part G of the Annex and fishing gear containing plastic about the following:
Amendment 114 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Regarding fishing gear, Member States shall ensure that information on the net benefits of the reduction of single-use plastics is made available either by the supplier of the equipment or by the national competent authorities.
Amendment 115 #
Proposal for a directive
Article 10 – paragraph 1 b (new)
Article 10 – paragraph 1 b (new)
Member States shall ensure that guidance is made available to all relevant actors, notably those in the fishing sector, so that they are able to take the required actions to reduce waste originating from fishing gear containing plastic.
Amendment 135 #
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