A second reading of the Directive began in a plenary session in Strasbourg yesterday (June 16) evening, following the decision earlier this month by the European Council of Ministers to back a raft of amendments to the Directive that had earlier been suggested by the Parliament (see letsrecycle.com story).
And the vote on the amended Directive, which took place earlier today, saw it win backing from more than 50% of MEPs, the minimum required under European law when amendments are put forward at the second reading of proposed legislation.
Speaking yesterday, Parliament's rapporteur Caroline Jackson said: “It has been a long and tortuous road to this second reading. There was much resistance to what we wanted to do and the Council drove a very hard bargain… That is the best deal available. Anyone who thinks that we could get anything better by going to conciliation would be deceiving themselves.”
The compromise was supported by many speakers during yesterday's debate though several speakers would have liked to achieve more. Several MEPs were unhappy that the compromise was too weak and criticised that no binding waste prevention target is included or would have preferred to have even tougher targets for recycling and re-use.
Recycling
MEPs managed to include in the directive a new article on re-use and recycling targets, which was foreseen neither by the original Commission proposal nor by the Common Position. The compromise explains that Member states “shall take the necessary measures designed to achieve the following targets”:
– Re-using and recycling 50% of waste materials such as paper, metal glass from households and similar waste streams by 2020
– Re-using and recycling 70% of non hazardous construction and demolition waste by 2020
In the debate Commissioner Stavros Dimas underlined that “it was hard to persuade the Member States for objectives”.
Answering several MEPs who criticised the targets for being too weak, he confirmed that: “If these targets are not met in 2020, the Commission can take Member States to court for non-compliance with the requirements of the Directive.”
A special target for manufacturing and industrial waste, as demanded by MEPs, is not included in the compromise but the Commission has to examine the targets by 2020 and eventually reinforce them or consider setting targets for other waste streams.
Waste Prevention
The new directive will also oblige Member States to establish waste management plans and waste prevention programmes with waste prevention objectives five years after the directive comes into force. Further to this duty the compromise includes a new article on waste prevention. The Commission shall propose – if appropriate – by end 2014 the setting of waste prevention and decoupling objectives for 2020.
Incineration
For MEPs, a crucial aim is to reduce the amount of landfill and incineration, both of which cause pollution. Members were divided over whether incineration of municipal solid waste should be regarded as a “disposal” or a “recovery” operation, the latter one being a better option regarding the waste hierarchy.
In the vote, MEPs backed the Commission and Council position that it should be categorised as recovery, provided it meets certain energy efficiency standards (the energy efficiency formula is in annex II to the Directive). According to the Commission this has the effect that only the most energy efficient existing municipal solid waste incinerators will be classified as recovery installations.
In the debate, Mrs Jackson said: “This is a positive incentive to incinerator operators to reach high standards and we would do well to remember, in these fuel poor days, that waste can be a useful fuel. But it is important to recognise that the Parliament has now ensured, by writing in targets for recycling and emphasising waste prevention objectives, that incineration of residual waste will have to go hand in hand with recycling.”
MEPs also managed to include a revision, after six years, of the energy efficiency provisions into the compromise.
Hierarchy
Under the Directive, the five-stage waste hierarchy, which is designed to prevent and reduce waste production, is made more certain and comprehensive and moved to a more prominent place. The hierarchy lays down an order of preference for waste operations: prevention, re-use, recycling, other recovery operations and, as a last resort, safe and environmentally sound disposal.
Member States should treat it “as a priority order”, in waste prevention and management legislation rather than as a “guiding principle” as proposed by Council. Departing from the hierarchy may be possible where it is justified by “life cycle” thinking on the overall impacts of the generation and management of such waste.
The Directive also furthermore a definition on by-products and of the “end-of-waste” status. It introduces extended producer responsibility and asks Member States to take measures to encourage the separate collection of bio-waste.
ESA
The result of the vote was welcomed by Dirk Hazell, chief executive of the Environmental Services Association, who praised the work of Dr Caroline Jackson MEP, who, as rapporteur for the Directive, was tasked with guiding it through the European legislative process.
He said: “ESA is delighted that MEPs have given their seal of approval to the WFD and praise the forensic brilliance and integrity of the rapporteur, Dr Caroline Jackson MEP. The package secured by Dr Jackson will make Europe more economically and environmentally sustainable and marks real progress in building Europe's Recycling Society.”
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