Report - A8-0013/2017Report
A8-0013/2017
European Parliament

REPORT on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment

30.1.2017 - (COM(2015)0593 – C8‑0383/2015 – 2015/0272(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Simona Bonafè


Procedure : 2015/0272(COD)
Document stages in plenary
Document selected :  
A8-0013/2017
Texts tabled :
A8-0013/2017
Debates :
Votes :
Texts adopted :

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment

(COM(2015)0593 – C8‑0383/2015 – 2015/0272(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–  having regard to the Commission proposal to Parliament and the Council (COM(2015)0593),

–  having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C8‑0383/2015),

–  having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–  having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the French Senate, asserting that the draft legislative act does not comply with the principle of subsidiarity,

–  having regard to the opinion of the European Economic and Social Committee of 27 April 2016[1],

–  having regard to the opinion of the Committee of the Regions of 15 June 2016[2],

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinion of the Committee on Industry, Research and Energy (A8-0013/2017),

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment    1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1)  Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.

(1)  Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and efficient use of natural resources and promoting the principles of the circular economy.

Amendment    2

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)  A clean, effective and sustainable circular economy requires the removal of hazardous substances from products at the design stage and in this context circular economy should recognise explicit provisions in the Seventh Environment Action Programme which calls for the development of non-toxic material cycles so that recycled waste can be used as a major, reliable source of raw material for the Union.

Justification

The EU should focus on creating a clean circular economy and avoid possible major risk of a future loss in public and market confidence in recycled material while creating an endless legacy. The main burden for recyclers is the presence of hazardous substances in material. The focus of the EU should be on getting these hazardous substances out of products and waste, and not endangering public health and the environment by exempting certain classes of businesses or products from safe requirements and by making it impossible to identify those contaminated materials in the future.

Amendment    3

Proposal for a directive

Recital 1 b (new)

Text proposed by the Commission

Amendment

 

(1b)  It is necessary to ensure the effective and low energy consumption management of secondary raw materials, and priority should be given to R&D efforts towards that objective. The Commission should also consider putting forward a proposal on the classification of waste to support the creation of a Union secondary raw materials market.

Amendment    4

Proposal for a directive

Recital 1 c (new)

Text proposed by the Commission

Amendment

 

(1c)  Once recycled material re-enters the economy as it receives end-of-waste status, either by complying with specific end-of-waste criteria or being incorporated in a new product, it is required to be fully compliant with Union chemicals legislation.

Justification

REACH does not apply to waste, as stated in Article 2(2) “Waste as defined in Directive 2006/12/EC of the European Parliament and of the Council is not a substance, mixture or article within the meaning of Article 3 of this Regulation”.

Amendment    5

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  The industrial landscape has substantially changed in recent years, as a result of technology advances and of increasing globalised flows of merchandise. Those factors pose new challenges to the management and treatment of waste that is environmentally responsible that should be addressed by a combination of increased research efforts and of targeted regulatory tools. Planned obsolescence is an expanding issue, intrinsically contradictory with the goals of a circular economy, and therefore should be addressed with the objective of rooting it out, through a concerted effort of all main stakeholders, industry, customers and regulatory authorities.

Amendment    6

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)  Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.

(3)  Data and information reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of reported data should be improved by establishing a common methodology for collection and processing of data based on reliable sources and by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report. Reliable reporting of data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when reporting on the achievement of the targets set out in these Directives, Member States should use the common methodology developed by the Commission in cooperation with the national statistical offices of Member States and the national authorities responsible for waste management.

Amendment    7

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a)  Member States should ensure that the separate collection of Waste Electrical and Electronic Equipment (WEEE) is followed by proper treatment. To ensure a level playing field and compliance with waste legislation and the concept of the circular economy, the Commission should develop common standards for the treatment of WEEE, as mandated by Directive 2012/19/EU.

Amendment     8

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4)  Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among a level playing field between Member States. Therefore, when preparing the reports on compliance with the targets set out in these Directives, Member States should be required to use the most recent methodology developed by the Commission and the national statistical offices of the Member States.

(4)  Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among a level playing field between Member States. Therefore, when preparing the reports on compliance with the targets set out in these Directives, Member States should be required to use the common methodology for data collection and processing developed by the Commission in cooperation with the national statistical offices of the Member States.

Justification

In order to improve quality and reliability of data across the EU and in addition to common calculation methods existing for the three Directives concerned, the Commission should develop a common methodology for the collection of data and its processing.

Amendment    9

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a)  In order to help achieve the targets laid down in this Directive and to help boost the transition to a circular economy, the Commission should promote the coordination and exchange of information and best practices between Member States and between different sectors of the economy. That exchange could be facilitated through communication platforms that could help raise awareness of new industrial solutions and allow for a better overview of available capacities and would contribute to connecting the waste industry and other sectors and to support industrial symbiosis.

Amendment    10

Proposal for a directive

Recital 4 b (new)

Text proposed by the Commission

Amendment

 

(4b)  The waste hierarchy laid down in Directive 2008/98/EC applies as an order of priority in Union waste prevention and management law. That hierarchy therefore applies in the context of end-of-life vehicles, batteries and accumulators and waste batteries and accumulators, and waste electrical and electronic equipment. When complying with the objective of this Directive, Member States should take the necessary measures to take the waste hierarchy priorities into account and ensure the practical implementation of those priorities.

Amendment    11

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  Since there is a growing need to handle and recycle waste within the Union, in line with the circular economy, emphasis should be given to ensuring that the shipment of waste is in line with the principles and requirements of Union environmental law, in particular the principle of proximity, priority for recovery and self-sufficiency. The Commission should examine the desirability of introducing a one-stop-shop for the administrative procedure for shipments of waste, with a view to reducing administrative burdens. Member States should take the necessary measures to prevent illegal shipment of waste.

Amendment     12

Proposal for a directive

Recital 7a (new)

Text proposed by the Commission

Amendment

 

(7a)  In order to ensure uniform conditions for the implementation of Directive 2000/53/EC in respect of the common methodology for data collection and processing and of the format for reporting data concerning the implementation of reuse and recovery targets for end-of life vehicles and for the implementation of Directive 2012/19/EU in respect of the methodology for data collection and processing and the format for reporting data concerning the implementation of the targets laid down for collection and recovery of electrical and electronic equipment, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council1a.

 

________________

 

1a Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Justification

Standard recital concerning the implementing powers of the Commission needs to be added.

Amendment    13

Proposal for a directive

Recital 7 b (new)

Text proposed by the Commission

Amendment

 

(7b)  In order to lay down the methodology for data collection and processing and the format for reporting data for batteries and accumulators and waste batteries and accumulators, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law‑Making (OJ L 123 12.5.2016, p.1). In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment    14

Proposal for a directive

Article 1 – paragraph -1 (new)

Directive 2000/53/EC

Article 6 – paragraph 1

 

Present text

Amendment

 

In Article 6 paragraph 1 is replaced by the following:

"1.  Member States shall take the necessary measures to ensure that all end-of life vehicles are stored (even temporarily) and treated in accordance with the general requirements laid down in Article 4 of Directive 75/442/EEC, and in compliance with the minimum technical requirements set out in Annex I to this Directive, without prejudice to national regulations on health and environment."

"1.  Member States shall take the necessary measures to ensure that all end-of life vehicles are stored (even temporarily) and treated in accordance with the waste hierarchy priorities and the general requirements laid down in Article 4 of Directive 75/442/EEC, and in compliance with the minimum technical requirements set out in Annex I to this Directive, without prejudice to national regulations on health and environment."

Justification

In order to ensure coherence and legal certainty among EU waste legislation, a reference to the waste hierarchy in articles 1, 6 and 7 is strongly needed.

Amendment    15

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2000/53/EC

Article 9 – paragraph 1 a

 

Text proposed by the Commission

Amendment

1a.  Member States shall report the data concerning the implementation of Article 7(2) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 1d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].

1a.  Member States shall report the data concerning the implementation of Article 7(2) for each calendar year to the Commission. They shall collect and process this data in accordance with the common methodology referred to in paragraph 1d of this Article and report it electronically within 12 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 1d.

Amendment    16

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2000/53/EC

Article 9 – paragraph 1 c

 

Text proposed by the Commission

Amendment

1c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

1c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. Until the common methodology for data collection and processing referred to in paragraph 1d is established, the report shall assess the organisation of the data collection, the sources of data and the methodology used in Member States. The Commission shall also assess the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

Amendment    17

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2000/53/EC

Article 9 – paragraph 1 ca (new)

 

Text proposed by the Commission

Amendment

 

1ca.  In the report, the Commission may include information about the implementation of this Directive as a whole and its impact on the environment and human health. If appropriate, a legislative proposal to amend this Directive shall accompany that report.

Amendment    18

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2000/53/EC

Article 9 – paragraph 1 d

 

Text proposed by the Commission

Amendment

1d.  The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 1a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2).

1d.  The Commission shall adopt delegated acts laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 1a. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 11a.

Amendment    19

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2000/53/EC

Article 9 – paragraph 1 da (new)

 

Text proposed by the Commission

Amendment

 

1da.  By 31 December 2018, in the context of the Circular Economy Action Plan and in view of the Union’s commitment to make the transition towards a circular economy, the Commission shall review this Directive as a whole and in particular its scope and the targets, based on an impact assessment and shall take into account the Union's circular economy policy objectives and initiatives. A special focus shall be on shipments of used vehicles that are suspected to be end-of-life vehicles. For that purpose, the Correspondents' Guidelines No 9 on shipments of end-of-life vehicles shall be used. The Commission shall also examine the possibility of setting resource specific targets, in particular for critical raw materials. That review shall be accompanied by a legislative proposal, if appropriate.

Amendment    20

Proposal for a directive

Article 1 – paragraph 1 a (new)

Directive 2000/53/EC

Article 9 a (new)

 

Text proposed by the Commission

Amendment

 

The following article is inserted:

 

“Article 9a

 

Instruments to promote a shift to a more circular economy

 

In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and shall take other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa in Directive 2008/98/EC.”

Amendment    21

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2006/66/EC

Article 22 a (new)

 

Text proposed by the Commission

Amendment

 

(1a)  The following article is inserted:

 

“Article 22a

 

Data

 

1.  The data reported by the Member State in accordance with Articles 10 and 12 shall be accompanied by a quality check report.

 

2.  The Commission shall adopt delegated acts in accordance with Article 23a in order to supplement this Regulation by establishing methodology for data collection and processing and the format of reporting.”

Amendment    22

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point -a (new)

Directive 2006/66/EC

Article 23 – title

 

Present text

Amendment

 

(-1a)  In Article 23, the title is replaced by the following:

"Review"

"Reporting and review"

Amendment    23

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point a

Directive 2006/66/EC

Article 23 –paragraph 1

 

Text proposed by the Commission

Amendment

1.  The Commission shall draw up a report on the implementation of this Directive and its impact on the environment and the functioning of the internal market by the end of 2016 at the latest.

1.  The Commission shall draw up a report on the implementation of this Directive and its impact on the environment and the functioning of the internal market by the end of 2016 at the latest and once every three years thereafter.

Amendment    24

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b a (new)

Directive 2006/66/EC

Article 23 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

(ba)  The following paragraph is added:

 

“3a.  By 31 December 2018, in the context of Circular Economy Action Plan and in view of the Union’s commitment to make the transition towards a circular economy, the Commission shall review this Directive as a whole and in particular its scope and the targets, based on an impact assessment. That review shall take into account the Union's circular economy policy objectives and initiatives, and the technical development of new types of batteries that do not use hazardous substances, in particular no heavy or other metals or metal ions. The Commission shall also examine the possibility of setting resource specific targets, in particular for critical raw materials. That review shall be accompanied by a legislative proposal, if appropriate.”

Amendment    25

Proposal for a directive

Article 2 – paragraph 1 – point 2 a (new)

Directive 2006/66/EC

Article 23 aa (new)

 

Text proposed by the Commission

Amendment

 

(2a)  The following article is inserted:

 

“Article 23aa

 

Instruments to promote a shift to a more circular economy

 

In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and shall take other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa in Directive 2008/98/EC.”

Amendment    26

Proposal for a directive

Article 3 – paragraph 1 – point -1 (new)

Directive 2012/19/EU

Article 8 – paragraph 5 – subparagraph 1

 

Present text

Amendment

 

(-1)  In Article 8 paragraph 5, subparagraph 1 is replaced by the following:

“For the purposes of environmental protection, Member States may set up minimum quality standards for the treatment of the WEEE that has been collected.

“For the purposes of environmental protection, Member States shall set up minimum quality standards for the treatment of WEEE that has been collected.”

Amendment    27

Proposal for a directive

Article 3 – paragraph 1 – point -1 a (new)

Directive 2012/19/EU

Article 8 – paragraph 5 – subparagraph 4

 

Present text

Amendment

 

(-1a)   In Article 8 paragraph 5, subparagraph 4 is replaced by the following:

"In order to ensure uniform conditions for the implementation of this Article, the Commission may adopt implementing acts laying down minimum quality standards based in particular on the standards developed by the European standardisation organisations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2)."

“In order to ensure uniform conditions for the implementation of this Article, and in line with the mandate in Directive 2012/19/EU, the Commission shall adopt implementing acts laying down minimum quality standards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).”

Amendment    28

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point b

Directive 2012/19/EU

Article 16 – paragraph 5a

 

Text proposed by the Commission

Amendment

5a.  Member States shall report the data concerning the implementation of Article 16(4) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].

5a.  Member States shall report the data concerning the implementation of Article 16(4) for each calendar year to the Commission. They shall collect and process this data in accordance with the common methodology referred to paragraph 5d of this Article and report it electronically within 12 months of the end of the reporting year for which the data are collected. Member States shall ensure that data from all actors collecting or treating WEEE are reported. The data shall be reported in the format established by the Commission in accordance with paragraph 5d.

Amendment    29

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point b

Directive 2012/19/EU

Article 16 – paragraph 5c

 

Text proposed by the Commission

Amendment

5c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

5c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. Until the common methodology for data collection and processing referred to in paragraph 5d is established, the report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States. The Commission shall also assess the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

Amendment    30

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point b

Directive 2012/19/EU

Article 16 – paragraph 5ca (new)

 

Text proposed by the Commission

Amendment

 

5ca.  In the report, the Commission shall include information about the implementation of the Directive as a whole and its impact on the environment and human health. If appropriate, a legislative proposal to amend this Directive shall accompany that report.

Amendment    31

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point b

Directive 2012/19/EU

Article 16 – paragraph 5 d

 

Text proposed by the Commission

Amendment

5d.  The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 5a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).

5d.  The Commission shall adopt delegated acts laying down the common methodology for data collection and processing and the format for reporting data in accordance with paragraph 5a. Those delegated acts shall be adopted in accordance with the procedure referred to in Article 20.

Amendment    32

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point b

Directive 2012/19/EU

Article 16 – paragraph 5 da (new)

 

Text proposed by the Commission

Amendment

 

5da.  During the review referred to in paragraph 5c, in the context of Circular Economy Action Plan and in view of the Union’s commitment to make the transition towards a circular economy, the Commission shall review this Directive as a whole and in particular its scope and the targets, based on an impact assessment and take into account the Union's circular economy policy objectives and initiatives. The Commission shall examine the possibility of setting resource specific targets, in particular for critical raw materials. That review shall be accompanied by a legislative proposal, if appropriate.

Amendment    33

Proposal for a directive

Article 3 – paragraph 1 – point 1 a (new)

Directive 2012/19/EU

Article 16 a (new)

 

Text proposed by the Commission

Amendment

 

(1a)  The following article is inserted:

 

“Article 16a

 

Instruments to promote a shift to a more circular economy

 

In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments and shall take other measures to provide incentives for the application of the waste hierarchy. Such instruments and measures may include those indicated in Annex IVa in Directive 2008/98/EC.”
  • [1]  OJ C 264, 20.7.2016, p.98.
  • [2]  OJ C 17, 18.1.2017, p. 46.

EXPLANATORY STATEMENT

The aim of this proposal is simplify the obligations of Member States as far as reporting obligations are concerned and align them with the reporting provisions in the Waste Framework Directive, the Packaging and Packaging Waste Directive and the Landfill Directive. This proposal also aims at aligning the comitology provisions to the Lisbon Treaty.

Rapporteur broadly agrees with the objectives of this proposal and is of the view that verification of implementation of the targets should be based on sound and reliable data. Therefore, Member States should focus their efforts on proper collection and transmission of data to the Commission. Amendments aim to strengthen the quality of data by means of introducing a quality check in the Batteries Directive. The Commission should also develop a common methodology for collection, organisation and processing of data in cooperation with national statistical offices in order to ensure comparability of quality data. Amendments also aim at retaining the obligation on the European Commission to assess and report on the implementation of the Directives as well as on their impacts on the environment and human health. In the evaluation reports, Commission should assess if the essential parts of the Directives, including the targets, may require revision in order to keep the legislation fit for purpose. The reports should be accompanied by legislative proposals, if a need for improvement and more ambition arises. Amendments were also introduced to align the text to the new Interinstitutional Agreement of 16 April 2016.

Given that WEEE, batteries and ELV are subject to increasing demand leading to diverse end-of-life waste and that this waste is a source of valuable and scarce materials, the three Directives should be made subject to a comprehensive review in the near future in the context of the circular economy based on proper impact assessment and taking into account eco-design, the need to recover more secondary raw materials, technological development as well as other Union's circular economy policy objectives and initiatives.

OPINION of the Committee on Industry, Research and Energy (20.10.2016)

for the Committee on the Environment, Public Health and Food Safety

on the proposal for a directive of the European Parliament and of the Council amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment
(COM(2015)0593 – C8‑0383/2015 – 2015/0272(COD))

Rapporteur: Pavel Telička

SHORT JUSTIFICATION

On 2 December 2015, the European Commission adopted a new circular economy package, which contains the Action plan for the Circular Economy and four legislative proposals on waste. The aim of this legislative proposal is to set up targets for waste reduction including targets for landfill, reuse and recycling, to be met by 2030. The proposal also establishes an ambitious and credible long-term path for waste management and recycling activities.

Even though the ITRE Committee decided to split the package into four separate files, these are closely interlinked. Many of the changes regarding statistics and definitions of waste are presented within the Waste Framework Directive (WFD), while targets and obligations based on these definitions or statistics are presented within other three directives. Hence it is necessary to ensure coherence among all files.

The Rapporteur for the opinion welcomes the EC revised proposal, as it represents broader, more holistic and also more realistic approach. Reliable reporting of statistical data concerning waste management is indeed a key for ensuring a level playing field among Member States and for an efficient waste management in the EU. Further improvement in this field is undoubtedly needed. Targets proposed by the European Commission have to be ambitious, yet realistic and achievable for all member States, otherwise the EU face the risk of fragmentation of the Internal Market and non-inclusive and thus uneven development in this field. A long-term vision with sufficiently ambitious goals is the proper way to proceed. However, the Rapporteur has still doubts about the methodology used for setting targets regardless of their appropriateness. Also, after collection of reliable and comparable data, it will be necessary to review the targets and ambitions to appropriate level. The rapporteur also regrets that the entire proposal lacks a focus on education and information which should stand in the very core of the transformation.

The aim of the Amending Directives on end-of-life vehicles, batteries and accumulators and waste batteries and accumulators, and waste electrical and electronic equipment is to simplify the reporting obligation for Member States. The Rapporteur´s position is to simplify legislation for Member States and undertakings not to impose on them further unnecessary obligations and create a level playing field between market participants. It is not desirable to create a new additional regulation, but rather to create an environment for businesses, in which they can apply the most environmentally and cost-efficient solutions, in line with the long-term strategy. Member States have to create appropriate conditions including a fiscal incentives and support of industrial symbiosis to create such conditions so that manufacturers can live up to their responsibilities. The Rapporteur is however wondering whether the Commission´s proposal on batteries and accumulators will lead to such conclusions.

If the EU wants to realistically consider a shift to the Circular Economy, it is necessary to create an adequate infrastructure and an open market for transport and waste management in the EU. This has not worked out so far and in the future it may become an obstacle for efficient waste management through the EU. The Rapporteur is therefore proposing that the Commission should examine the desirability of introducing a one-stop-shop for the administrative procedure for waste shipments, with a view to reducing administrative burden and expediting the procedure.

Another important element of the framework is the treatment of the Waste Electrical and Electronic Equipment (WEEE) after being separately collected. Separate collection of WEEE does not make sense if not followed by an adequate treatment. Some of the EU Member States have already introduced mandatory standards for treatment of WEEE (EN 50625 series), the Rapporteur therefore calls on the Commission to take measures to make compliance with the EN 50625 series on treatment of WEEE mandatory.

The Rapporteur would also like to bring the attention to the export of products considered as an electronic waste and secondary raw materials (WEEE but also metal scrap, plastic, etc.) outside of the EU. The EU should focus on monitoring of a treatment and recycling of such materials outside its´ territory, as mentioned in the WFD, but also on the illegal export of these raw materials to the third countries, which is primarily a question of enforcement of the current legislation. The Commission's proposal on waste legislation does not provide a room for addressing these issues. The Commission should, however, address this when revising Regulation on shipments of waste and related legislation, with aim to prevent export outside of the EU and focus on an implementation and enforcement of the current legislation. It is positive that the Commission is working on further proposals in areas such as eco-design or implementation of certain directives, which could help reduce the illegal export of e-waste.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

Amendment    1

Proposal for a directive

Citation 1 a (new)

Text proposed by the Commission

Amendment

 

having regard to the Protocol (No. 2) of the TEU on the application of the principles of subsidiarity and proportionality,

Amendment    2

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1)  Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources and promoting a more circular economy.

(1)  Waste management in the Union should be improved, with a view to protecting, preserving and improving the quality of the environment, protecting human health, ensuring prudent and rational utilisation of natural resources, promoting a more circular economy, increasing energy efficiency and reducing the level of the Union’s dependence.

Amendment    3

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a)  It is necessary to ensure the effective and low energy consumption management of secondary raw materials, and priority should be given to R&D efforts towards that objective. The Commission should also consider putting forward a proposal on the classification of waste to support the creation of a Union secondary raw materials market.

Amendment    4

Proposal for a directive

Recital 2 a (new)

Text proposed by the Commission

Amendment

 

(2a)  The industrial landscape has substantially changed in recent years, as a result of technology advances and of increasing globalised flows of merchandise. Those factors pose new challenges to the management and treatment of waste that is environmentally responsible that should be addressed by a combination of increased research efforts and of targeted regulatory tools. Planned obsolescence is an expanding issue, intrinsically contradictory with the goals of a circular economy, and therefore should be addressed with the objective of rooting it out, through a concerted effort of all main stakeholders, industry, customers and regulatory authorities.

Amendment    5

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(3)  Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by introducing a single entry point for all waste data, deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report.

(3)  Statistical data reported by Member States are essential for the Commission to assess compliance with waste legislation across the Member States. The quality, reliability and comparability of statistics should be improved by establishing a harmonised methodology for data collection and processing and by introducing a single entry point for all waste data, which should be Eurostat, and by deleting obsolete reporting requirements, benchmarking national reporting methodologies and introducing a data quality check report, which should be based on a harmonised format. Reliable reporting of comparable statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among Member States. Therefore, when preparing the implementation reports under this Directive, Member States should use the most recent methodology developed by the Commission and the national statistical offices of the Member States.

Amendment    6

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a)  Member States should ensure that the separate collection of Waste Electrical and Electronic Equipment (WEEE) is followed by proper treatment. If some but not all WEEE treatment operators have proper WEEE treatment operations in place, environmental risks will arise. Directive 2012/19/EU of the European Parliament and of the Council1a mandated the Commission to develop common standards for treatment of WEEE (EN 50625 series). To ensure a level playing field and compliance with waste legislation and the concept of the circular economy, the Commission should issue an implementing act to make these standards legally binding.

 

_____________________

 

1a Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (OJ L 197, 24.7.2012, p.38).

Amendment    7

Proposal for a directive

Recital 4

Present text

Amendment

(4)  Reliable reporting of statistical data concerning waste management is paramount to efficient implementation and to ensuring comparability of data among a level playing field between Member States. Therefore, when preparing the reports on compliance with the targets set out in these Directives, Member States should be required to use the most recent methodology developed by the Commission and the national statistical offices of the Member States.

deleted

Amendment    8

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a)  The waste hierarchy laid down in Directive 2008/98/EC applies as an order of priority in Union waste prevention and management legislation. That hierarchy therefore applies in the context of end-of-life vehicles, batteries and accumulators and waste batteries and accumulators, and waste electrical and electronic equipment. When complying with the objective of this Directive, Member States should take the necessary measures to take the waste hierarchy priorities into account and ensure the practical implementation of those priorities.

Amendment    9

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a)  In order to fulfil the objectives of this Directive it should be easier and less costly to ship waste within the Union, with simpler procedures for businesses, while maintaining environmental standards. The Commission should address this when revising Regulation (EC) No 1013/2006 of the European Parliament and of the Council1a.

 

______________

 

1a Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.7.2006, p. 1).

Amendment    10

Proposal for a directive

Recital 5 b (new)

Text proposed by the Commission

Amendment

 

(5b)  Since there is a growing need to handle and recycle waste within the Union, in line with the circular economy, emphasis should be given to ensuring that the shipment of waste is in line with the principles and requirements of environmental law, in particular the principle of proximity, priority for recovery and self-sufficiency. The Commission should examine the desirability of introducing a one-stop-shop for the administrative procedure for shipments of waste, with a view to reducing administrative burdens. Member States should take the necessary measures to prevent illegal shipment of waste.

Amendment    11

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a)  This Directive has been adopted taking into account the commitments set out in the Interinstitutional Agreement on Better Law-Making of 13 April 2016 and it should be implemented and applied in accordance with the guidance contained in the same Agreement.

Amendment    12

Proposal for a directive

Article 1 – paragraph -1 (new)

Directive 2000/53/EC

Article 8 – paragraph 3

 

Present text

Amendment

 

Article 8(3) is replaced by the following:

"3.  Member States shall take the necessary measures to ensure that producers provide dismantling information for each type of new vehicle put on the market within six months after the vehicle is put on the market. This information shall identify, as far as it is needed by treatment facilities in order to comply with the provisions of this Directive, the different vehicle components and materials, and the location of all hazardous substances in the vehicles, in particular with a view to the achievement of the objectives laid down in Article 7."

"3.  Member States shall take the necessary measures to ensure that producers provide dismantling information for each type of new vehicle put on the market within six months after the vehicle is put on the market, in electronic format. This information shall identify, as far as it is needed by treatment facilities in order to comply with the provisions of this Directive, the different vehicle components and materials, and the location of all hazardous substances in the vehicles, in particular with a view to the achievement of the objectives laid down in Article 7."

Amendment    13

Proposal for a directive

Article 1 – paragraph -1 a (new)

Directive 2000/53/EC

Article 8a (new)

 

Text proposed by the Commission

Amendment

 

The following article is inserted:

 

'Article 8a

 

Instruments to promote a shift to a more circular economy.

 

1.  In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments or other measures. To that end, Member States may make use of the economic instruments or other measures listed in Annex IIa.

 

2.  Member States shall report to the Commission the specific economic instruments or other measures put in place in accordance with paragraph 1 by ... [insert date eighteen months after the entry into force of this Directive] and every five years following that date.'

Amendment    14

Proposal for a directive

Article 1 – paragraph 1 – point 2

Directive 2000/53/EC

Article 9 – paragraph 1a to 1d

 

Text proposed by the Commission

Amendment

1a.  Member States shall report the data concerning the implementation of Article 7(2) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 1d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].

1a.  Member States shall report the data concerning the implementation of Article 7(2) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be collected and processed using a harmonised methodology to ensure they are comparable and reported in the format established by the Commission in accordance with paragraph 1d, which shall support re-use and open data objectives. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].

1b.  The data reported by the Member State in accordance with this Article shall be accompanied by a quality check report.

1b.  The data reported by the Member State in accordance with this Article shall be accompanied by a quality check report. The quality check report shall be drawn up in accordance with a harmonised format.

1c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

1c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall assess of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data and the availability of open data. The assessment may include specific recommendations for improvement. The report shall be drawn up nine months after the first reporting of the data by the Member States and every three years thereafter.

1d.  The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 1a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2).

1d.  The Commission shall adopt implementing acts laying down the harmonised methodology for data collection and processing and the format for comparable reporting data in accordance with paragraph 1a and the format for the quality check report referred to in paragraph 1b. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 11(2).

Amendment    15

Proposal for a directive

Article 1 – paragraph 1 a (new)

Directive 2000/53/EC

Annex IIa (new)

 

Text proposed by the Commission

Amendment

 

Annex IIa, as set out in the Annex I to this Directive, is added.

Amendment    16

Proposal for a directive

Article 2 – paragraph 1 – point -1 (new)

Directive 2006/66/EC

Article 15 – paragraph 1

 

Present text

Amendment

 

(-1) In Article 15, paragraph 1 is replaced by the following:

"1.  Treatment and recycling may be undertaken outside the Member State concerned or outside the Community, provided that the shipment of waste batteries and accumulators is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (1)."

"1.  Without losing sight of the waste hierarchy priorities and the environmental impact of transport, treatment and recycling may be undertaken outside the Member State concerned or outside the Community, provided that the shipment of waste batteries and accumulators is in compliance with Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (1).

 

Member States shall take the necessary measures to prevent the illegal shipment of waste.".

__________________

__________________

(1) OJ L 30. 6.2.1993, p.1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

(1) OJ L 30. 6.2.1993, p.1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

Amendment    17

Proposal for a directive

Article 2 – paragraph 1 – point -1 a (new)

Directive 2006/66/EC

Article 21 a (new)

 

Text proposed by the Commission

Amendment

 

(-1a) The following article is inserted:

 

‘Article 21a

 

Instruments to promote a shift to a more circular economy

 

1.  In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments or other measures. To that end, Member States may make use of the economic instruments or other measures listed in Annex IVa.

 

2.  Member States shall report to the Commission the specific economic instruments or other measures put in place in accordance with paragraph 1 by ... [eighteen months after the entry into force of this Directive] and every five years following that date.’

Amendment    18

Proposal for a directive

Article 2 – paragraph 1 – point 1 a (new)

Directive 2006/66/EC

Article 22 a (new)

 

Text proposed by the Commission

Amendment

 

(1a) The following article is inserted:

 

‘Article 22a

 

Collection, Processing and Reporting of Data

 

1.  The data reported by the Member State in accordance with Article 10 and Article 12 shall be accompanied by a quality check report.

 

2.  The methodology for data collection, processing and format of reporting shall be established by the Commission by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).’

Amendment    19

Proposal for a directive

Article 2 – paragraph 1 – point 2 – point b a (new)

Directive 2006/66/EC

Article 23 – paragraph 2 – point b a (new)

 

Present text

Amendment

 

(ba)  the following point is added to paragraph 2:

 

‘(ba)  the evolution of the measures adopted for treatment for all waste portable batteries and accumulators, including an overview of how the best available techniques are applied;’;

Amendment    20

Proposal for a directive

Article 2 – paragraph 1 – point 2 a (new)

Directive 2006/66/EC

Annex IVa (new)

 

Text proposed by the Commission

Amendment

 

(2a)  Annex IVa, as set out in the Annex II to this Directive, is added.

Amendment    21

Proposal for a directive

Article 3 – paragraph 1 – point -1 (new)

Directive 2012/19/EU

Article 4

 

Present text

Amendment

 

(-1)   Article 4 is replaced by the following:

Member States shall, without prejudice to the requirements of Union legislation on the proper functioning of the internal market and on product design, including Directive 2009/125/EC, encourage cooperation between producers and recyclers and measures to promote the design and production of EEE, notably in view of facilitating re-use, dismantling and recovery of WEEE, its components and materials. In this context, Member States shall take appropriate measures so that the ecodesign requirements facilitating re-use and treatment of WEEE established in the framework of Directive 2009/125/EC are applied and producers do not prevent, through specific design features or manufacturing processes, WEEE from being re-used, unless such specific design features or manufacturing processes present overriding advantages, for example, with regard to the protection of the environment and/or safety requirements.”

Member States shall, without prejudice to the requirements of Union legislation on the proper functioning of the internal market and on product design, including Directive 2009/125/EC, encourage cooperation between producers, repairers, and recyclers and measures to promote the design and production of EEE, notably in view of facilitating repair and re-use, dismantling and recovery of WEEE, its components and materials, and that they exclude the incorporation into the product of any planned obsolescence techniques. In this context, Member States shall take appropriate measures so that the ecodesign requirements facilitating re-use and treatment of WEEE established in the framework of Directive 2009/125/EC are applied and producers do not prevent, through specific design features or manufacturing processes, WEEE from being repaired and re-used, unless such specific design features or manufacturing processes present overriding advantages, for example, with regard to the protection of the environment and/or safety requirements.”

Amendment    22

Proposal for a directive

Article 3 – paragraph 1 – point -1 a (new)

Directive 2012/19/EU

Article 5 – paragraph 2 – point a

 

Present text

Amendment

 

(-1a)   In Article 5(2), point (a) is replaced by the following:

“(a)  systems are set up allowing final holders and distributors to return such waste at least free of charge. Member States shall ensure the availability and accessibility of the necessary collection facilities, taking into account, in particular, the population density;”

“(a)  systems are set up allowing final holders and distributors to return such waste at least free of charge. Member States shall ensure high availability and easy and regular accessibility of the necessary collection facilities, taking into account, in particular, the population density;”.

Amendment    23

Proposal for a directive

Article 3 – paragraph 1 – point -1 b (new)

Directive 2012/19/EU

Article 6 – title

 

Present text

Amendment

 

(-1b)  In Article 6, the title is replaced by the following:

“Disposal and transport of collected WEEE”

“Use of collected WEEE”.

Amendment    24

Proposal for a directive

Article 3 – paragraph 1 – point -1 c (new)

Directive 2012/19/EU

Article 6 – paragraph 2

 

Present text

Amendment

 

(-1c)  In Article 6, paragraph 2 is replaced by the following:

“2.  Member States shall ensure that the collection and transport of separately collected WEEE is carried out in a way which allows optimal conditions for preparing for re-use, recycling and the confinement of hazardous substances.

“2.  Member States shall ensure that the collection and transport of separately collected WEEE is carried out in a way which allows optimal conditions for preparing for re-use, recycling and the confinement of hazardous substances.

In order to maximise preparing for re-use, Member States shall promote that, prior to any further transfer, collection schemes or facilities provide, where appropriate, for the separation at the collection points of WEEE that is to be prepared for re-use from other separately collected WEEE, in particular by granting access for personnel from re-use centres.”

In order to maximise preparing for re-use, Member States shall promote that, prior to any further transfer, collection schemes or facilities provide, where appropriate, for the separation at the collection points of WEEE that is to be prepared for re-use from other separately collected WEEE, in particular by granting access for personnel from re-use centres.

 

Having regard to the waste hierarchy priorities and the environmental impact of transport and without prejudice to the application of the “producer’s responsibility” principle, access to separately collected WEEE by repair and re-use local operators shall be promoted.”;

Amendment    25

Proposal for a directive

Article 3 – paragraph 1 – point -1 d (new)

Directive 2012/19/EU

Article 8 – paragraph 3

 

Present text

Amendment

 

(-1d)   In Article 8, paragraph 3 is replaced by the following:

“3.  Member States shall ensure that producers or third parties acting on their behalf set up systems to provide for the recovery of WEEE using best available techniques. The systems may be set up by producers individually or collectively. Member States shall ensure that any establishment or undertaking carrying out collection or treatment operations stores and treats WEEE in compliance with the technical requirements set out in Annex VIII.”

“3.  Member States shall ensure that producers or third parties acting on their behalf or third operators present on the market set up systems to provide for the recovery of WEEE using best available techniques, and that they provide efficient information for recovery to establishments or undertakings carrying out treatment operations. The systems may be set up by producers individually or collectively. Member States shall ensure that any establishment or undertaking carrying out collection or treatment operations stores and treats WEEE in compliance with the technical requirements set out in Annex VIII.”

Amendment    26

Proposal for a directive

Article 3 – paragraph 1 – point -1 e (new)

Directive 2012/19/EU

Article 8 – paragraph 5 – subparagraph 1

 

Present text

Amendment

 

(-1e)  In Article 8(5), the first subparagraph is replaced by the following:

For the purposes of environmental protection, Member States may set up minimum quality standards for the treatment of the WEEE that has been collected.

‘For the purposes of environmental protection, Member States shall set up minimum quality standards for the treatment of the WEEE that has been collected. They shall publish these standards.’;

Amendment    27

Proposal for a directive

Article 3 – paragraph 1 – point -1 f (new)

Directive 2012/19/EU

Article 8 – paragraph 5 – subparagraph 2

 

Present text

Amendment

 

(-1f)  In Article 8(5), the second subparagraph is deleted.

Amendment    28

Proposal for a directive

Article 3 – paragraph 1 – point -1 g (new)

Directive 2012/19/EU

Article 8 – paragraph 5 – subparagraph 4

 

Present text

Amendment

 

(-1g)  In Article 8(5), the fourth subparagraph is replaced by the following:

In order to ensure uniform conditions for the implementation of this Article, the Commission may adopt implementing acts laying down minimum quality standards based in particular on the standards developed by the European standardisation organisations. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

‘In order to ensure uniform conditions for the implementation of this Article, the Commission shall adopt implementing acts laying down minimum quality standards based in particular on the EN 50625 series of standards developed by the European standardisation organisations in response to the mandate laid down in Directive 2012/19/EU. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).’;

Amendment    29

Proposal for a directive

Article 3 – paragraph 1 – point -1 h (new)

Directive 2012/19/EU

Article 10 – paragraph 1

 

Present text

Amendment

 

(-1h) In Article 10, paragraph 1 is replaced by the following:

“1.  The treatment operation may also be undertaken outside the respective Member State or the Union provided that the shipment of WEEE is in compliance with Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (2).”

“1.  Without losing sight of the waste hierarchy priorities and the environmental impact of transport, the treatment operation may also be undertaken outside the respective Member State or the Union provided that the shipment of WEEE is in compliance with Regulation (EC) No 1013/2006 and Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (2).

 

Member States shall take the necessary measures to prevent the illegal shipment of waste.”

_________________

____________________

(2) OJ L 316, 4.12.2007, p.6

(2) OJ L 316, 4.12.2007, p.6

Amendment    30

Proposal for a directive

Article 3 – paragraph 1 – point 1 – point b

Directive 2012/19/EU

Article 16 – paragraph 5a to 5d

 

Text proposed by the Commission

Amendment

5a.  Member States shall report the data concerning the implementation of Article 16(4) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be reported in the format established by the Commission in accordance with paragraph 5d. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].

5a.  Member States shall report the data concerning the implementation of Article 16(4) for each calendar year to the Commission. They shall report this data electronically within 18 months of the end of the reporting year for which the data are collected. The data shall be collected, processed and reported using the harmonised methodology and in the format established by the Commission in accordance with paragraph 5d, which shall support re-use and open data objectives. The first report shall cover the data for the period from 1 January [enter year of transposition of this Directive + 1 year] to 31 December [enter year of transposition of this Directive + 1 year].

5b.  The data reported by the Member State in accordance with this Article shall be accompanied by a quality check report.

5b.  The data reported by the Member State in accordance with this Article shall be accompanied by a quality check report. The quality check report shall be drawn up in accordance with a harmonised format.

5c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data. The assessment may include specific recommendations for improvement. The report shall be drawn up every three years.

5c.  The Commission shall review the data reported in accordance with this Article and publish a report on the results of its review. The report shall cover an assessment of the organisation of the data collection, the sources of data and the methodology used in Member States as well as the completeness, reliability, timeliness and consistency of that data and the availability of open data. The assessment may include specific recommendations for improvement. The report shall be drawn up nine months after the first reporting of the data by the Member States and every three years thereafter.

5d.  The Commission shall adopt implementing acts laying down the format for reporting data in accordance with paragraph 5a. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).

5d.  The Commission shall adopt implementing acts laying down the harmonised methodology for data collection and processing and the format for reporting data in accordance with paragraph 5a and the format for the quality check report referred to in paragraph 5b. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 21(2).

Amendment    31

Proposal for a directive

Article 3 – paragraph 1 – point 1 a (new)

Directive 2012/19/EU

Article 17 a (new)

 

Text proposed by the Commission

Amendment

 

(1a)  The following article is inserted:

 

'Article 17a

 

Instruments to promote a shift to a more circular economy

 

1.   In order to contribute to the objectives laid down in this Directive, Member States shall make use of adequate economic instruments or other measures. To that end, Member States may make use of the economic instruments or other measures listed in Annex Xa.

 

2.   Member States shall report to the Commission the specific economic instruments or other measures put in place in accordance with paragraph 1 by ... [eighteen months after the entry into force of this Directive] and every five years following that date.'

Amendment    32

Proposal for a directive

Article 3 – paragraph 1 – point 2a (new)

Directive 2012/19/EU

Annex Xa

 

Text proposed by the Commission

Amendment

 

(2a)  Annex Xa, as set out in the Annex III to this Directive, is inserted.

Amendment    33

Proposal for a directive

Annex I (new)

Directive 2000/53/EC

Annex IIa (new)

 

Text proposed by the Commission

Amendment

 

Annex I

 

The following Annex IIa is added to Directive 2000/53/EC:

 

'Annex IIa

 

Instruments to promote the application of the waste hierarchy and a shift to a circular economy

 

1.   Economic instruments:

 

1.1.  progressive increase of landfill taxes and/or fees for all categories of waste (municipal, inert, others);

 

1.2.  introduction or increase of incineration taxes and/or fees;

 

1.3.  direct price support schemes to promote re-use, repair and recycling;

 

1.4.  internalisation of positive and negative externalities linked to recycling and primary raw materials;

 

1.5.  introduction of low or zero VAT on the repair, materials for repairing and sale of second-hand products;

 

1.6.  progressive extension to the whole territory of Member States of “pax-as-you-throw” systems incentivising municipal waste producers to reduce, re-use and recycle their waste;

 

1.7.  green levies or advanced disposal fees to apply to products where extended producers´ responsibility programmes are not in place;

 

1.8.  measures to improve the cost efficiency of existing and forthcoming producer responsibility schemes;

 

1.9.  investment aid to projects promoting the application of waste hierarchy;

 

1.10  extension of the scope of the producer responsibility schemes to new waste streams;

 

1.11.  deposit-return and other systems incentivising municipal waste producers and economic operators to reduce, re-use and recycle their waste;

 

1.12.  economic incentives for local authorities to promote prevention, develop and intensify separate collection schemes;

 

1.13.  measures to support the development of the re-use sectors;

 

1.14.  green public procurement criteria promoting the waste hierarchy;

 

1.15.  measures to phase out harmful subsidies not consistent with the waste hierarchy;

 

1.16.  incentives promoting the design and placement on the market of waste avoiding products, such as repairable goods.

 

2.  Other measures:

 

2.1.  specific bans for incineration of recyclable waste;

 

2.2.  market restrictions for single-use and non-recyclable products and packaging;

 

2.3.  technical and fiscal measures to support the development of markets for re-used products and recycled (including composted) materials as well as to improve the quality of recycled materials;

 

2.4.  measures including tax refunds and/or tax exemptions;

 

2.5.  measures to increase public awareness of proper waste management and litter reduction, including ad-hoc campaigns to ensure waste reduction at source and a high level of participation in the separate collection schemes;

 

2.6.  measures to ensure an appropriate coordination, including by digital means, between all competent public authorities involved in waste management, and the involvement of other key stakeholders;

 

2.7.  use of the European Structural and Investment Funds in order to finance the development of the waste management infrastructure needed to meet the relevant targets;

 

2.8.  use of the European Structural and Investment Funds in order to finance waste prevention, preparation for reuse and recycling;

 

2.9.  creation of communication platforms to foster exchange of best practices between industries, social partners, local authorities and also Member States;

 

2.10.  introduction of minimum recycled content in products;

 

2.11.  any relevant alternative or additional measures aiming at meeting the same purpose.'

Amendment    34

Proposal for a directive

Annex II (new)

Directive 2006/66/EC

Annex IVa (new)

 

Text proposed by the Commission

Amendment

 

Annex II

 

The following Annex IVa is added to Directive 2006/66/EC:

 

'Annex IVa

 

Instruments to promote the application of the waste hierarchy and a shift to a circular economy

 

1.   Economic instruments:

 

1.1.  progressive increase of landfill taxes and/or fees for all categories of waste (municipal, inert, others);

 

1.2.  introduction or increase of incineration taxes and/or fees;

 

1.3.  direct price support schemes to promote re-use, repair and recycling;

 

1.4.  internalisation of positive and negative externalities linked to recycling and primary raw materials;

 

1.5.  introduction of low or zero VAT on the repair, materials for repairing and sale of second-hand products;

 

1.6.  progressive extension to the whole territory of Member States of “pay-as-you-throw” systems incentivising municipal waste producers to reduce, re-use and recycle their waste;

 

1.7.  green levies or advanced disposal fees to apply to products where extended producers´ responsibility programmes are not in place;

 

1.8.  measures to improve the cost efficiency of existing and forthcoming producer responsibility schemes;

 

1.9.  investment aid to projects promoting the application of waste hierarchy;

 

1.10  extension of the scope of the producer responsibility schemes to new waste streams;

 

1.11.  deposit-return and other systems incentivising municipal waste producers and economic operators to reduce, re-use and recycle their waste;

 

1.12.  economic incentives for local authorities to promote prevention, develop and intensify separate collection schemes;

 

1.13.  measures to support the development of the re-use sectors;

 

1.14.  green public procurement criteria promoting the waste hierarchy;

 

1.15.  measures to phase out harmful subsidies not consistent with the waste hierarchy;

 

1.16.  incentives promoting the design and placement on the market of waste avoiding products, such as repairable goods.

 

2.  Other measures:

 

2.1.  specific bans for incineration of recyclable waste;

 

2.2.  market restrictions for single-use and non-recyclable products and packaging;

 

2.3.  technical and fiscal measures to support the development of markets for re-used products and recycled (including composted) materials as well as to improve the quality of recycled materials;

 

2.4.  measures including tax refunds and/or tax exemptions;

 

2.5.  measures to increase public awareness of proper waste management and litter reduction, including ad-hoc campaigns to ensure waste reduction at source and a high level of participation in the separate collection schemes;

 

2.6.  measures to ensure an appropriate coordination, including by digital means, between all competent public authorities involved in waste management, and the involvement of other key stakeholders;

 

2.7.  use of the European Structural and Investment Funds in order to finance the development of the waste management infrastructure needed to meet the relevant targets;

 

2.8.  use of the European Structural and Investment Funds in order to finance waste prevention, preparation for reuse and recycling;

 

2.9.  creation of communication platforms to foster exchange of best practices between industries, social partners, local authorities and also Member States;

 

2.10.  introduction of minimum recycled content in products;

 

2.11.  any relevant alternative or additional measures aiming at meeting the same purpose.'

Amendment    35

Proposal for a directive

Annex III (new)

Directive 2012/19/EU

Annex Xa (new)

 

Text proposed by the Commission

Amendment

 

Annex III

 

The following Annex Xa is inserted into Directive 2012/19/EU:

 

'Annex Xa

 

Instruments to promote the application of the waste hierarchy and a shift to a circular economy

 

1.   Economic instruments:

 

1.1.  progressive increase of landfill taxes and/or fees for all categories of waste (municipal, inert, others);

 

1.2.  introduction or increase of incineration taxes and/or fees;

 

1.3.  direct price support schemes to promote re-use, repair and recycling;

 

1.4.  internalisation of positive and negative externalities linked to recycling and primary raw materials;

 

1.5.  introduction of low or zero VAT on the repair, materials for repairing and sale of second-hand products;

 

1.6.  progressive extension to the whole territory of Member States of “pay-as-you-throw” systems incentivising municipal waste producers to reduce, re-use and recycle their waste;

 

1.7.  green levies or advanced disposal fees to apply to products where extended producers´ responsibility programmes are not in place;

 

1.8.  measures to improve the cost efficiency of existing and forthcoming producer responsibility schemes;

 

1.9.  investment aid to projects promoting the application of waste hierarchy;

 

1.10  extension of the scope of the producer responsibility schemes to new waste streams;

 

1.11.  deposit-return and other systems incentivising municipal waste producers and economic operators to reduce, re-use and recycle their waste;

 

1.12.  economic incentives for local authorities to promote prevention, develop and intensify separate collection schemes;

 

1.13.  measures to support the development of the re-use sectors;

 

1.14.  green public procurement criteria promoting the waste hierarchy;

 

1.15.  measures to phase out harmful subsidies not consistent with the waste hierarchy;

 

1.16.  incentives promoting the design and placement on the market of waste avoiding products, such as repairable goods.

 

2.  Other measures:

 

2.1.  specific bans for incineration of recyclable waste;

 

2.2.  market restrictions for single-use and non-recyclable products and packaging;

 

2.3.  technical and fiscal measures to support the development of markets for re-used products and recycled (including composted) materials as well as to improve the quality of recycled materials;

 

2.4.  measures including tax refunds and/or tax exemptions;

 

2.5.  measures to increase public awareness of proper waste management and litter reduction, including ad-hoc campaigns to ensure waste reduction at source and a high level of participation in the separate collection schemes;

 

2.6.  measures to ensure an appropriate coordination, including by digital means, between all competent public authorities involved in waste management, and the involvement of other key stakeholders;

 

2.7.  use of the European Structural and Investment Funds in order to finance the development of the waste management infrastructure needed to meet the relevant targets;

 

2.8.  use of the European Structural and Investment Funds in order to finance waste prevention, preparation for reuse and recycling;

 

2.9.  creation of communication platforms to foster exchange of best practices between industries, social partners, local authorities and also Member States;

 

2.10.  introduction of minimum recycled content in products;

 

2.11.  any relevant alternative or additional measures aiming at meeting the same purpose.'

PROCEDURE – COMMITTEE ASKED FOR OPINION

Title

Directive amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment

References

COM(2015)0593 – C8-0383/2015 – 2015/0272(COD)

Committee responsible

       Date announced in plenary

ENVI

14.12.2015

 

 

 

Opinion by

       Date announced in plenary

ITRE

14.12.2015

Rapporteur

       Date appointed

Pavel Telička

2.2.2016

Discussed in committee

14.6.2016

 

 

 

Date adopted

13.10.2016

 

 

 

Result of final vote

+:

–:

0:

55

10

0

Members present for the final vote

Nikolay Barekov, Nicolas Bay, Bendt Bendtsen, Xabier Benito Ziluaga, José Blanco López, David Borrelli, Jerzy Buzek, Angelo Ciocca, Edward Czesak, Jakop Dalunde, Pilar del Castillo Vera, Fredrick Federley, Ashley Fox, Adam Gierek, Theresa Griffin, Roger Helmer, Hans-Olaf Henkel, Eva Kaili, Kaja Kallas, Barbara Kappel, Krišjānis Kariņš, Seán Kelly, Jaromír Kohlíček, Zdzisław Krasnodębski, Miapetra Kumpula-Natri, Janusz Lewandowski, Ernest Maragall, Edouard Martin, Angelika Mlinar, Nadine Morano, Dan Nica, Morten Helveg Petersen, Miroslav Poche, Carolina Punset, Herbert Reul, Paul Rübig, Algirdas Saudargas, Jean-Luc Schaffhauser, Sergei Stanishev, Neoklis Sylikiotis, Antonio Tajani, Dario Tamburrano, Patrizia Toia, Evžen Tošenovský, Claude Turmes, Vladimir Urutchev, Henna Virkkunen, Martina Werner, Lieve Wierinck, Anna Záborská, Flavio Zanonato, Carlos Zorrinho

Substitutes present for the final vote

Pilar Ayuso, Michał Boni, Rosa D’Amato, Esther de Lange, Cornelia Ernst, Francesc Gambús, Jens Geier, Benedek Jávor, Olle Ludvigsson, Vladimír Maňka, Marian-Jean Marinescu, Clare Moody, Maria Spyraki

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Directive amending Directives 2000/53/EC on end-of-life vehicles, 2006/66/EC on batteries and accumulators and waste batteries and accumulators, and 2012/19/EU on waste electrical and electronic equipment

References

COM(2015)0593 – C8-0383/2015 – 2015/0272(COD)

Date submitted to Parliament

2.12.2015

 

 

 

Committee responsible

       Date announced in plenary

ENVI

14.12.2015

 

 

 

Committees asked for opinions

       Date announced in plenary

ITRE

14.12.2015

 

 

 

Rapporteurs

       Date appointed

Simona Bonafè

22.12.2015

 

 

 

Discussed in committee

15.6.2016

29.9.2016

 

 

Date adopted

24.1.2017

 

 

 

Result of final vote

+:

–:

0:

58

7

0

Members present for the final vote

Marco Affronte, Pilar Ayuso, Ivo Belet, Simona Bonafè, Biljana Borzan, Paul Brannen, Soledad Cabezón Ruiz, Nessa Childers, Birgit Collin-Langen, Mireille D’Ornano, Miriam Dalli, Seb Dance, Angélique Delahaye, Mark Demesmaeker, Stefan Eck, José Inácio Faria, Karl-Heinz Florenz, Francesc Gambús, Elisabetta Gardini, Gerben-Jan Gerbrandy, Jens Gieseke, Julie Girling, Sylvie Goddyn, Françoise Grossetête, Jytte Guteland, György Hölvényi, Anneli Jäätteenmäki, Jean-François Jalkh, Benedek Jávor, Josu Juaristi Abaunz, Karin Kadenbach, Kateřina Konečná, Urszula Krupa, Giovanni La Via, Jo Leinen, Peter Liese, Norbert Lins, Susanne Melior, Massimo Paolucci, Gilles Pargneaux, Piernicola Pedicini, Bolesław G. Piecha, Julia Reid, Frédérique Ries, Michèle Rivasi, Daciana Octavia Sârbu, Annie Schreijer-Pierik, Davor Škrlec, Renate Sommer, Ivica Tolić, Estefanía Torres Martínez, Nils Torvalds, Adina-Ioana Vălean, Jadwiga Wiśniewska, Damiano Zoffoli

Substitutes present for the final vote

Nicola Caputo, Fredrick Federley, Martin Häusling, James Nicholson, Younous Omarjee, Stanislav Polčák, Keith Taylor

Substitutes under Rule 200(2) present for the final vote

Mary Honeyball, Monika Smolková, Helga Stevens

Date tabled

30.1.2017
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