COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty concerning the Common position of the Council on the adoption of a European Parliament and Council Regulation on Waste Statistics

1999/0010 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC-Treaty concerning the Common position of the Council on the adoption of a European Parliament and Council Regulation on Waste Statistics

1. Background

Proposal submitted to Parliament and Council

(COM(1999) 31 - 1999/0010(COD)) 27 January 1999

Favourable opinion of the Economic and Social Committee 22 September 1999

(Amended) proposal submitted to Parliament and Council

(COM(2001) 137, 1999/0010(COD)) 9 March 2001

European Parliament's Opinion (first reading): 4 September 2001

(2nd) Amended proposal adopted by the Commission

(COM(2001) 737, 1999/0010(COD)) 10 December 2001

Adoption of Council common position: 15.04.2002

2. Purpose of Commission proposal

The proposal for a European Parliament and Council Regulation on Waste Statistics has as its main objective the establishment of a harmonised information system on waste generation and treatment in the Community.

The proposal will ensure that the Commission can obtain a high-quality statistical information system, covering the requirements for implementing and monitoring EU waste policy. It covers:

(1) generation of waste by economic activity and by households

(2) recovery and disposal of waste.

It will also enable the Member States themselves to progressively adapt their waste statistics and turn them into a highly informative tool.

Waste statistics is at present based on voluntary data collection to Eurostat and on some reporting obligations to the Environment DG in relation to specific waste streams (e.g. packaging waste). The information available is insufficient for delivering usable information with regard to implementation of waste management policies due to data gaps, lack of comparability and lack of timeliness. The information is also insufficient for delivering input to the environmental domain of the Structural Indicators, which are used in the Commission's annual Synthesis Report.

3. Comments on the common position

3.1 General comments

At its first reading the European Parliament proposed twenty-eight amendments, which are commented on in the Council's Common Position. Seven amendments, which were accepted by the Commission, have been incorporated into the Common Position. Seven amendments accepted by the Commission were not incorporated into the Common position. For nine amendments the Commission amended its proposal to take into partial account the concerns expressed by the Parliament, seven of them are accepted in the Common Position. Another five amendments have not been accepted by the Commission, nor by the Council in its Common Position.

3.2 Decisions on the European Parliament's amendments following the first reading

3.2.1 Accepted by the Commission and incorporated into the Common Position

These seven amendments clarify the text. Amendment 1 emphasises the need to develop statistical instruments for the de-coupling of waste generation and consumption of resources. Amendment 5 adds a definition of "incineration" to the list of definitions. Amendments 7 and 8 encourage the use of existing reporting and other sources. Amendments 25, 26 and 27 clarify the data requirements for breakdown of data by recovery and disposal of waste.

3.2.2 Accepted by the Commission, but not incorporated into the Common Position

Amendments 15 and 20 extend the statistical coverage to generation of waste in agriculture and fishery. The Commission's opinion was favourable concerning the need for this data and accepted the amendments, while the Common Position refers these areas to pilot studies to explore methods for data collection.

The Commission accepted Amendment 24 relating to yearly data collection on all types of the treatment of waste, sharing the view that annual data is essential not only for incineration and disposal but also for recovery and recycling. In the Common Position a compromise position requiring data collection every second year is proposed for all types of treatment. The Commission maintains its position, as data on all types of waste treatment collected on an annual basis is crucial for monitoring waste management policies. In addition, it will facilitate the process of reviewing reporting obligations required by other legislation.

For four amendments (16, 17, 22, 23), a further split up of waste categories is proposed. These proposals would lead to the collection of separate information on the categories Animal waste and Dredging sludges.

3.2.3 Amendments for which the Commission amended its proposal partially

The Commission amended its proposal regarding nine amendments by the Parliament to partially take into account the concerns expressed by the Parliament.

3.2.3.1 The Commission modifications that are incorporated in the Common Position

Seven of these modifications are incorporated in the Common Position.

Two of the amendments (3 and 12) concern the data on import and export of waste, for which the Commission has proposed pilot studies to clarify suitable ways of collecting these data. The Parliament amendments make these variables mandatory, without any transitional period. The Commission's amended proposal shortens the period for the pilot studies and includes the comitology procedure for decisions on the measures resulting from the pilot studies. This is accepted in the Common Position.

Amendment 4 concerns the adaptation of the waste classification (EW-Stat) to the new European waste list (EWC). A new text is proposed by the Commission in its amended proposal and the same text is included in the Common Position.

Amendment 10 does not allow any exemption from reporting on certain cells in the breakdown by economic activities and waste categories. The stricter formulation put under the comitology procedure, as reflected in the amended proposal by the Commission, is included in the Common Position.

In Amendment 13 two Committees are proposed to assist, on an equal basis, the Commission in the comitology procedure. This is not legally possible. The Commission's amended proposal clarifies the role of the two Committees. The Common Position uses the same formulation.

According to Amendment 14, the Commission is asked to make a report on abolishing overlapping reporting obligations. The amendment is, however, not clear as to the timing of the report. The Commission has rephrased the paragraph in its amended proposal and the Common Position accepts the new text.

One essential amendment (18) concerns the periodicity of data collection for waste generation. The Parliament has asked for data to be collected every year rather than once every three years. The Commission agrees with the Parliament on the need for more frequent data collection. In its amended proposal, it is proposed that data be collected every second year and this is accepted in the Common Position.

3.2.3.2 The Commission modifications that are not incorporated in the Common Position

For two amendments (2, 11) modifications are proposed by the Commission, which are not incorporated in the Common Position. They deal with the transitional periods which the Parliament considers not necessary. The Commission accepted this, except for the newly introduced areas of Agriculture and Fisheries, where derogation periods were kept. The Common Position reformulates the transitional periods in a different way, which does not fit with the Commission's proposal.

3.2.4 Not accepted by the Commission nor incorporated into the Common Position

Rejected by the Commission and the Council were two amendments (21, 28), which propose the use of only one type of statistical unit as the basis for the data collection for the Regulation. In the Commission proposal and in the Common Position the Member States can make a choice between two statistical units to take as the basis for data collection. This free choice facilitates data collection and the negative effect on data comparability is moderate.

Another amendment (part of 6) favours a uniform methodology. It imposes an unnecessary restriction on the data collection in Member States. The Commission maintains its position.

Amendments 9 and 19 are rejected. These amendments request more precise and specific indications concerning data coverage. These highly technical specifications are better developed in the comitology procedure.

3.3 New provisions introduced by the Council and the Commission's position

The Council has reworded certain parts of the text to make it easier to understand.

3.4 Problems of comitology encountered during the adoption of the Common Position (and the position adopted by the Commission).

No problems were encountered.

4. General remarks and conclusion

The Commission maintains its position on (part of) Amendment 6: it cannot accept a uniform methodology on data collection as proposed by the European Parliament.

The Commission maintains its position on Amendment 24 concerning annual data collection on the treatment of waste: annual statistics are in high demand for policy evaluation and are needed for compilation of the structural indicator on waste.

The Commission has accepted 23 of the 28 amendments by the European Parliament. Five amendments have not been accepted. In the Common Position the same five and nine other amendments are not incorporated The Commission therefore can only partially agree with the Common Position unanimously adopted by the Council.