Opinion of the Committee of the Regions on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Taking sustainable use of resources forward: a Thematic Strategy on the prevention and recycling of waste and on the Proposal for a Directive of the European Parliament and of the Council on waste
Date: 2006-06-14
Institutions: European Committee of the Regions
Subjects: EU environmental policy, environmental law, prevention of pollution, waste management, waste recycling

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II

(Preparatory Acts)

COMMITTEE OF THE REGIONS

65th PLENARY SESSION OF 14/15 JUNE 2006

the European Parliament,

Opinion of the Committee of the Regions on the Communication from the Commission to the
Council,
the European Economic and Social Committee and the
Committee of the Regions — Taking sustainable use of resources forward: a Thematic Strategy on
the prevention and recycling of waste and on the Proposal for a Directive of the European Parlia-
ment and of the Council on waste

(2006/C 229/01)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the Council, the European Parliament, the
European Economic and Social Committee and the Committee of the Regions — Taking sustainable use of
resources forward: a Thematic Strategy on the prevention and recycling of waste (COM(2005) 666 final), and the
Proposal for a Directive of the European Parliament and of the Council on Waste, (COM(2005) 667 final
— 2005/0281 (COD));

Having regard to the European Commission's decision of 5 January 2006, taken under Article 175 and
the first paragraph of Article 265 of the Treaty establishing the European Community, to consult it on this
matter;

Having regard to its Bureau's decision of 12 April 2005 to instruct the Commission for Sustainable Devel-
opment to draw up an opinion on this subject;

Having regard to its opinion on the Commission communication Towards a thematic strategy on the preven-
tion and recycling of waste (COM(2003) 301 final — CdR 239/2003 (1));

Having regard to its outlook report on the Implementation of the Directive on the Landfill of Waste (1999/31/
EC) at regional and local level (CdR 254/2005);

Having regard to the draft opinion (CdR 47/2006 rev. 2) adopted on 3 April 2006 by the Commission
for Sustainable Development (rapporteur: Mr Laust Grove Vejlstrup, Municipal Councillor of Sydthy
Kommune (DK/EPP);

adopted the following opinion at its 65th plenary session of 14/15 June 2006 (meeting of 14 June):

1. Views of the Committee of the Regions

The Committee of the Regions

General comments

1.1 welcomes the Commission's thematic strategy as this
sets out an integrated and holistic approach to the waste issue
that is conducive to further, necessary environmental improve-
ments in this field;

(1) OJ C 73, 23.3.2004, p. 63.

1.2
stresses that waste policy is of fundamental importance
for environment policy as a whole; hence a concerted,
enhanced approach to waste policy will do much to benefit the
environment;

stresses that,

in most Member States,

1.3
it is local and
regional authorities that are responsible for implementing a
major part of EU environment policy, of which waste manage-
ment is a key aspect; notes, also, that local and regional autho-
rities should play a key role in the process of developing new
approaches and proposals for measures within the waste area;

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1.4
notes that moving away from simple waste disposal to
a sustainable policy skewed towards prevention, reuse, recy-
cling and recovery requires a substantial effort as well as
dialogue with the local level, and that local and regional autho-
rities need additional human and financial resources to perform
this task;

1.5
draws attention to the waste hierarchy, which should
be the central, dominant principle of waste policy, but notes
that this hierarchy is open to the incorporation of new aspects
such as a proportionate use of the life cycle approach taking
into account the whole life cycle of products should these
prove effective and practicable to implement;

in a number of areas
1.6 would caution, however, that,
such as end-of-waste and the mixing of hazardous waste, the
thematic strategy proposes relaxations of the rules that are
unnecessary and inappropriate and may have an adverse
impact on the environment;

The new framework directive on waste

Article 1

1.12
is pleased to note the reference to the waste hierarchy,
which is considered a key starting point for any moves to
tackle the waste issue, providing the very foundation upon
which any sound and successful waste policy is built;

1.13
laments the fact that the waste hierarchy is being
levelled down to three aspects; placing reuse, recycling and
recovery on the same footing runs counter to the spirit of a
number of legal acts;

interpretation, Member States will

1.14
has its doubts as to whether, given the article's scope
take the necessary
for
measures and use the best possible tools to achieve the article's
objectives;

Article 2

1.7
notes the continued need for clear
instance in the definition of recycling and recovery;

legislation,

for

1.15
of legislation specifically dealing with waste streams;

regrets the deletion of the legal base for the adoption

Aims of the strategy

Article 3

endorses

the aims of

1.8
strategy and
supports the view that EU waste policy does have the potential
to reduce the overall negative environmental
impact of
resource use, and that the EU's goal must be to become a recy-
cling society;

thematic

the

considers the waste hierarchy to be a focus of the goals

1.9
set out in the thematic strategy;

1.16
notes that, under the definition given here, anyone
treating waste is always considered to be a waste producer irre-
spective of any changes made to the nature or composition of
the waste; this is not consistent with the Commission's own
end-of-waste concept;

Article 5

1.17 welcomes the clearer definition of recovery by incin-
eration, but notes the considerable uncertainty that still persists
in the definition of recovery by other forms of treatment;

Actions outlined in the strategy

Article 8

Imp l e me nta ti on,
of e x i sti n g le g i sla ti on

si mp l i fi ca t i on a nd mode r ni sa ti on

1.18
pays principle, which is the basis for
producer responsibility;

regrets the deletion of the reference to the polluter
the application of

feels it makes sense for the thematic strategy to focus
1.10
on existing problems of
implementation and adaptation of
current legislation, taking into account the evolution of science
and technology;

endorses the emphasis placed by the thematic strategy
1.11
on the simplification and modernisation of existing legislation,
provided this makes it easier to implement environmental
protection measures;

Article 11

is concerned that introducing and defining the end-of-
1.19
waste concept may have a far-reaching and damaging impact,
i.e. that:

— it will no longer be possible to lay down treatment require-
ments for products that meet the end-of-waste criteria;

— products that meet these criteria will be impossible to trace;

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— products that meet end-of-waste criteria will no longer be

Article 30

subject to binding instructions or usage requirements;

1.20
notes that the end-of-waste concept is limited to waste
streams where this provides genuine environmental benefits,
but finds the scope of the concept very unclear as no details
are given of what is actually meant by genuine ‘environmental
benefits’;

is concerned about the fact that the Commission is
1.27
leaving it up to the individual Member States to develop indica-
tors to measure the achieved results; urges therefore the
Commission to establish quantitative and qualitative indicative
targets and indicators at Community level;

Article 12

Article 32

1.21
the framework directive are being brought
single framework directive;

is pleased that the directive on hazardous waste and
together into a

1.28
collectors and transporters;

endorses the new provisions on the inspection of

Article 16

Annex V

1.22
regrets that the rules on the separation of hazardous
waste do not state clearly that mixing is forbidden to all actors
for
(including producers, collectors and transporters) except
facilities that have received a permit in accordance with Article
19 (cf. points 1(a) and 1(d));

Article 21

endorses the Commission's aim to set minimum stan-
1.23
dards for treatment permits that would ensure a high level of
health and environmental protection; however, opposes the
fact that the Commission would be allowed to set minimum
standards via an undemocratic comitology process;

Article 25

1.24 welcomes the rules on the registration of parties
handling waste in its final stages;

considers that correlation tables are a useful means of

1.29
securing the directive's full implementation;

Int r odu c t i o n of l i fe - c y c l e t h i nk i n g

thinks that

1.30
life-cycle analyses
the introduction of
under the thematic strategy is a useful approach, as it takes
into account the environmental impact of products throughout
their life-cycle, but is sorry to note that the strategy focuses
only to a very limited degree on the early stage of this cycle,
i.e. producers and the onus that is on them to design more
environmentally friendly products; believes that the Directive
should be explicitly linked to the REACH Directive with the
aim of preventing the production of hazardous waste and redu-
cing its harmfulness;

1.31
also questions how the analyses are actually drawn
importance that clear guidelines be laid
up. It is of crucial
down to determine who is responsible for validating analyses
of this kind, as, otherwise, their importance will be diminished
and they will fail to fulfil their intended purpose;

Article 26

backs the increased requirements for waste manage-
1.25
ment plans, which are seen as useful, flexible tools that can
also help promote the spread of good practice in this field;

endorses the call

1.26
to use economic instruments in
waste policy, such as charges levied on materials and treatment
as well as in relation to waste prevention, and notes the
successful experience that has been gained with such instru-
that
ments in a number of countries; stresses, however,
existing differentiated use of economic instruments distorts
competition and thus emphasises the need to maintain the
smooth functioning of the internal market;

Imp r ovi ng th e know le dg e b a se

1.32
supports the Commission in its desire to promote
provision of information and research and development in the
area of waste, since increased knowledge and information are
key elements in improving the waste practice of producers and
authorities, and in changing consumer behaviour with a view
to producing less waste; notes, however,
in the light of the
division of responsibilities in most Member States, the need to
build on the already solid knowledge base that exists at the
local and regional level; feels that the waste strategy gives a
fragmented picture of the information sources that exist at
Community level: the European Environment Agency, Eurostat,

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the Joint Research Centre, the European Bureau in Seville and
the Commission's new online service ‘Science for Environment
Policy — DG Environment News Alert Service’. It is crucial for
local and regional players that the Commission try to define
more clearly the functions of each of these knowledge centres,
that their analyses be coordinated and structured, and that
existing knowledge be made available in a readily accessible
form;

W a ste pr e ve nti on

agrees on the need for more ambitious waste preven-
1.33
tion policies in the Member States and thus feels that the obli-
gation to develop waste prevention programmes is a sensible
move;

T ow a r ds a E u r o p e a n r e c y c l i ng so c i e ty

1.34
emphasises that the creation of a level playing field
among the Member States is of key importance in preventing
environmentally unsound practices like standard dumping, and
therefore supports the Commission's initiative in this field;

notes that

in order to deliver on this aim of the
1.36
strategy,
legislation must provide a level of certainty that
matches the planning and investment horizons of businesses
engaged in the further development of recycling;

M on i t or i n g a n d e v a lu a ti o n

notes that the local and regional authorities play an
1.37
important role in implementing the thematic strategy, and thus
also have a key part to play in ensuring its monitoring and
evaluation; calls therefore for these authorities to be given a
proactive role as key agents in the application of waste
management policies in the different EU Member States.

2. The Committee of the Regions' recommendations

The Committee of the Regions

2.1
deplores the significant loosening of the mixing ban, its
replacement by conditions under which mixing may be
permitted and a narrowing of the definition of mixing — a
move that must be seen as a substantial change involving
major environmental risks; and thus recommends keeping the
unrestricted ban on the mixing of hazardous waste;

stresses the importance of including social elements in
1.35
environmental policy and is pleased to note that the Commis-
sion recognise the high growth rate and labour intensiveness of
the waste management and the recycling sector; calls, however,
for a discussion on whether implementation of the strategy
creates jobs at a European-wide level;

asks that,

in the 2010 evaluation and in any future
2.2
evaluations, a discussion be held as to whether energy recovery
rates for new plants should be increased from the proposed
65 % to reflect
technological developments, and whether
different requirements might be applied to recycling facilities,
also to take account of technological developments.

Committee of the Regions recommendations regarding the directive

Recommendation 1

Preamble 17(a)

Commission text

CoR amendment

Preamble 17(a)

Member States may invoke and apply the principles of
proximity and self-sufficiency to waste destined for incin-
eration with energy recovery to allow for adequate plan-
ning of treatment capacity, and to ensure that combustible
waste produced within their territory is given access to
national incineration facilities.

R e a son

The proposed classification of incineration with energy recovery as a recovery operation may, in certain
countries, trigger an imbalance between the installed incineration capacity and the volumes to be treated,
even in cases where the available capacity matches national needs. The competent authorities should, in
such situations, be permitted to restrict imports of waste for incineration in order to guarantee treatment
opportunities for the waste produced within their area of jurisdiction.

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Recommendation 2

Article 1

Commission text

CoR amendment

This Directive lays down measures with a view to reducing
the overall environmental impacts, related to the use of
resources, of the generation and management of waste.

For the same purposes, it also makes provision whereby
the Member States are to take measures, as a matter of
priority, for the prevention or reduction of waste produc-
tion and its harmfulness and, secondly, for the recovery of
waste by means of re-use, recycling and other recovery
operations.

1.
(a) This Directive lays down measures with a view to
the

reducing the overall environmental
generation and management of waste.

impacts of

(b) For

the same purposes,

it also makes provision
whereby the Member States are to take measures, as a
matter of priority, for the prevention or reduction of
waste production and its harmfulness and, secondly,
for the recovery of waste by means of re-use, recycling
and other recovery operations.:

— the prevention or reduction of waste production

and its harmfulness and,

— the re-use,
— the recycling,
— other recovery operations,
— the disposal of waste,

2.
(a) On the basis of environmental indicators adopted at
Community level, Member States may take measures
that derogate from the priorities established in §1(b).

(b) Until such indicators are elaborated and adopted,
when impact assessments indicate clearly that an alter-
native treatment option shows a better record for a
specific waste stream, Member States may, in a similar
manner, be allowed a derogation from the priorities
established in §1 (b).

3.
The responsibility for validating the results of the assess-
ments mentioned in §2 (b) is placed with the competent
national authorities. The validated results are reported to
the Commission and will be the object of a review in
accordance with the procedure referred to in Article 36(2).

R e a son

Life-cycle thinking is welcomed as a guiding principle. However, life-cycle instruments do not presently
represent an operational alternative to the waste hierarchy. It will take many years before a common meth-
odology for the use of these instruments is adopted at Community level. Until then, it is important to
clarify the relationship between life-cycle thinking and the politically established waste hierarchy, restating
that the latter remains the structuring element of waste policies. The possibilities to derogate from the hier-
archy formulated in § 2 (a) and (b) provide for the necessary flexibility and at the same time will promote
the further development of life-cycle instruments. In the light of an already established knowledge base,
local and regional authorities should play a key role in making such instruments applicable.

The local authorities and waste managers ought to have clear instructions and placing the responsibility for
validating the results of life-cycle assessments is an important improvement to the text of the proposal.
The review process included in § 3 will ensure that assessments are not used to protect national markets,
and that a level-playing field is thus not distorted by the introduction of a life-cycle approach.

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Recommendation 3

Article 2, point 5 (new)

Commission text

CoR amendment

Specific rules for particular instances, or supple-
5.
menting those of this Directive, on the management of
particular categories of waste, may be laid down by means
of individual Directives.

The Commission shall undertake regular reviews of waste
streams to assess the priorities for establishing further
harmonised European requirements aimed at
steering
waste management towards preferred treatment options.

R e a son

The text of the amendment replicates the text of Article 2, point 2 of the current Waste Framework Direc-
tive. It establishes the legal base for the adoption of waste streams specific directives, as the need for
adopting additional directives should not be ruled out. The proposed amendment will also provide a legal
base for the directives to be proposed in relation to Amendment 9 regarding Article 11. The amendment
adds also a requirement concerning the steering of waste. This approach, aimed at harmonising the choice
of treatment for specific waste streams, is complementary to the establishment of facility standards in
establishing a level playing field.

Recommendation 4

Article 3

Commission text

Article 3

Definitions

CoR amendment

Article 3

Definitions

For the purposes of this Directive, the following definitions
shall apply:

For the purposes of this Directive, the following definitions
shall apply:

(a) ‘waste’ means any substance or object which the
holder discards or intends or is required to discard;

(a)

(b) ‘producer’ means anyone whose activities produce
waste or anyone who carries out pre-processing,
mixing or other operations resulting in a change in
the nature or composition of this waste;

(c) ‘holder’ means the producer or the natural or legal

person who is in possession of the waste;

(d) ‘management’ means the collection, transport, recovery
including the supervision of

and disposal of waste,
such operations and after-care of disposal sites;

(e) ‘collection’ means the gathering of waste for
purposes of transport to a waste treatment facility;

the

(f) ‘re-use’ means any recovery operation by which
products or components that have become waste are
used again for the same purpose for which they were
conceived;

(g) ‘recycling’ means the recovery of waste into products,
materials or substances whether for the original or
other purposes. It does not include energy recovery;

‘waste’ means any substance or object which the
required to
holder discards or
discard;

intends or

is

(b)

‘hazardous waste’ means:

— waste that displays one of more of the proper-
ties listed in Annex III in concentrations above
the limit values listed in Article xx of Directive
88/379/EEC on dangerous preparations (as
listed in Annex IIIA)
or

— waste that displays one of more of the proper-
ties listed in Annex III in concentrations above
the limit values listed in Article xx of Directive
88/379/EEC on dangerous preparations (as
listed in Annex IIIA) and is marked with an
asterisk in the list of waste established in
accordance with Article 4

— hazardous waste produced by households
shall not be regarded as hazardous waste until
it is collected by an undertaking which carries
out waste treatment operations or by a private
or public waste collector;

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Commission text

CoR amendment

(h) ‘mineral waste oils’ means any mineral-based lubrica-
tion or industrial oils which have become unfit for the
use for which they were originally intended, and in
particular used combustion engine oils and gearbox
oils, mineral
lubricating oils, oils for turbines and
hydraulic oils;

(c)

(i) ‘treatment’ means recovery or disposal.

(h) (d)

(e)

‘mixture of wastes’ means waste that results from
an intentional or unintentional mixing of two or
more different wastes and for which mixture no
single entry exists in Annexes III, IIIB, IV and IVA
of the Regulation of the European Parliament and
of the Council on Shipments of Waste. Waste
shipped in a single shipment of wastes, consisting
of two or more wastes, where each waste is sepa-
rated, is not a mixture of wastes;

‘mineral waste oils’ means any mineral-based
lubrication or industrial oils which have become
unfit for the use for which they were originally
intended, and in particular used combustion
engine oils and gearbox oils, mineral lubricating
oils, oils for turbines and hydraulic oils;

‘producer’ means anyone whose activities produce
waste (original producer) or anyone who carries
out pre-processing, mixing or other operations
resulting in a change in the nature or composition
of this waste (new producer);

(c) (f)

‘holder’ means the producer or the natural or
legal person who is in possession of the waste;

(g)

(h)

(d)(i)

(j)

(e) (k)

(l)

(m)

(f)(n)

‘dealer’ is anyone who acts in the role of prin-
cipal
to purchase and subsequently sell waste,
including such dealers who do not take physical
possession of the waste;

‘broker’
is anyone arranging the recovery or
disposal of waste on behalf of others, including
such brokers who do not take physical possession
of the waste;

the collection,

transport,
‘management’ means
recovery and disposal of waste,
including the
supervision of such operations and after-care of
disposal sites;

‘environmentally
sound management’ means
taking all practicable steps to ensure that waste is
managed in a manner that will protect human
health and the
adverse
environment against
effects which may result from such waste;

‘collection’ means the gathering of waste for the
purposes of transport to a waste treatment facility
and includes exchange during transport and
interim storage prior to collection or during trans-
port;

recovery or disposal

and
‘treatment’ means
includes interim operations like e.g. blending,
mixing, repackaging, exchange and storage prior
to submission to recovery or disposal operations

‘prevention’ means any action that is taken before
products or substances have become waste and
that is aimed at reducing the production of waste
or its harmfulness or the environmental impact of
resource use in general;

‘re-use’ means any recovery operation by which
products or components that have become waste
are used again for the same purpose for which
they were conceived without prior
treatment
other than cleaning or repairing;

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Commission text

CoR amendment

(g) (o)

‘recycling’ means
the recovery of waste into
products, materials or substances whether for the
original or other purposes. It does not include
energy recovery;

(p)

‘recovery’ means any treatment operation that:

— results in the waste serving a useful purpose
in replacing, whether in the plant or in the
wider economy, other resources which would
have been used to fulfil that function, or in it
being prepared for such a use

— meets efficiency criteria on the basis of which
it may be considered to have resulted in a
useful purpose

— ensures that the overall environmental impact
is not worsened by the use of waste as a
substitution for other resources
— ensures that pollutants are not

transferred

during the process into the final product

(q)

‘disposal’ means any treatment operation that
does not meet
the criteria to be classified as
recovery.

R e a son

This article should include all the definitions relevant to the provisions of the Directive on Waste. At the
same time, these definitions must be consistent with definitions already adopted in existing waste legisla-
tion, in particular the Waste Shipment Regulation. This amendment, therefore, proposes:

— to list under Article 3 the definitions that are spread throughout the text of the Commission proposal,

— to add some missing definitions (e.g. the words ‘dealer’ and ‘broker’ are used in Article 25 without
being defined) by replicating definitions that have already been adopted through co-decision in connec-
tion with the adoption of the new Regulation on Shipments of Waste,

— to bring clarity to some of the definitions proposed.

Recommendation 5

Article 4

Commission text

CoR amendment

A list of wastes shall be established by the Commission, in
accordance with the procedure referred to in Article 36(2).

The list shall include waste to be regarded as hazardous
pursuant to Articles 12 to 15, taking into account the
origin and composition of the waste and, where necessary,
limit values of concentration.

A list of wastes shall be established by the Commission, in
accordance with the procedure referred to in Article 36(2),
two years after the date stipulated in Article 39 at the
latest. The list of wastes shall be based on the existing list,
which shall be valid until the new list comes into force.
The new list of waste shall also include details of the main
material properties (composition and concentration of
components).

The list shall also include waste to be regarded as hazar-
dous pursuant to Articles 12 to 15, taking into account
the origin and composition of the waste and, where neces-
sary, limit values of concentration.

R e a son

The amendment relating to Article 4 aims at ensuring legal certainty regarding the waste list. The existing
waste list has been the object of rolling adaptations through committee procedure and is up to date. And
even though the quality of the waste list can always be improved, the efforts invested so far in the elabora-
tion of the list should not simply be discarded. They should, on the contrary, form the basis for further

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work regarding the elaboration of a waste list and thus provide continuity for the authorities and the
operators. With the repeal of Directives 75/442/EEC and 91/689/EEC, it is important to ensure that the
current list remains valid until the new one is adopted and it is important to set a fixed deadline for the
elaboration of the new list. Practical experience shows that a list of wastes based on material properties
(key criteria: composition and concentration of components) is preferable as it enables a more accurate
assessment of the environmental, health, safety and risk implications and makes it easier to decide on
disposal procedures. The Commission proposal for the elaboration of a new list is imprecise and it is
important to clarify that the list will include non-hazardous waste as well as hazardous waste.

Recommendation 6

Article 5

Commission text

CoR amendment

1. Member States shall take the necessary measures to
ensure that all waste undergoes operations that result in it
serving a useful purpose in replacing, whether in the plant
or in the wider economy, other resources which would
function, or in it being
that
have been used to fulfil
prepared for such a use, hereinafter ‘recovery operations’.
They shall regard as recovery operations at least the opera-
tions listed in Annex II.

The Commission may, in accordance with the proce-
2.
dure referred to in Article 36(2), adopt
implementing
measures in order to set efficiency criteria on the basis of
which operations listed in Annex II may be considered to
have resulted in a useful purpose, as referred to in para-
graph 1.

1. Member States shall take the necessary measures to
ensure that all waste undergoes operations that result in it
serving a useful purpose in replacing, whether in the plant
or in the wider economy, other resources which would
function, or in it being
that
have been used to fulfil
prepared for such a use, hereinafter ‘recovery operations’.
They shall regard as recovery operations at least the opera-
tions listed in Annex II of Regulation No Xxxxx of the
European Parliament and of the Council on the classifica-
tion of waste treatment operations.

The Commission may, in accordance with the proce-
2.
dure referred to in Article 36(2), adopt
iImplementing
measures will be established in the Regulation mentioned
in paragraph 1 in order to set efficiency criteria on the
basis of which operations listed in Annex II may be
considered to have resulted in a useful purpose, as referred
to in paragraph 1.

R e a son

The classification of treatment operations strongly influences the ability to plan the medium and long-
term capacity requirements. It also determines the terms of competition for the individual treatment
facility. This amendment thus calls for the use of a political decision procedure in which the relevant
actors are involved. The adoption of a regulation on the classification of waste treatment operations will
allow for the choice of efficiency criteria and the setting of the corresponding thresholds to be the object
of political scrutiny. At the same time the adoption of such a regulation provides the possibility to adopt
measures without leading to too frequent revisions of the Directive on Waste. In the light of the knowledge
retained at the local level, and in the light of their responsibilities and competencies in the waste area, local
and regional authorities ought as a minimum to be consulted before implementing measures are proposed.
The adoption of amendments 5 and 6 will consequently result in Annexes I & II to the Directive on Waste
being transferred to Annex I & II of Regulation No Xxxxx of the European Parliament and of the Council
on the classification of waste treatment operations.

Recommendation 7

Article 6

Commission text

CoR amendment

1. Member States shall ensure that, where recovery in
accordance with Article 5(1)
is not possible, all waste
undergoes disposal operations.

1. Member States shall ensure that, where recovery in
accordance with Article 5(1)
is not possible, all waste
undergoes disposal operations.

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Commission text

CoR amendment

They shall prohibit the abandonment, dumping or uncon-
trolled disposal of waste.
2. Member States shall regard as disposal operations at
least the operations listed in Annex I, even where the
operation has as a secondary consequence the reclamation
of substances or energy.

3. Where, despite substitution of resources taking place,
the results of an operation indicate that, for the purposes
of Article 1, it has only a low potential, the Commission
may,
in accordance with the procedure referred to in
Article 36(2), adopt implementing measures adding that
specific operation to the list set out in Annex I.

They shall prohibit the abandonment, dumping or uncon-
trolled disposal of waste.

2. Member States shall regard as disposal operations at
least the operations listed in Annex I of Regulation No
Xxxxx of the European Parliament and of the Council on
the classification of waste treatment operations, even
where the operation has as a secondary consequence the
reclamation of substances or energy.

3. Where, despite substitution of resources taking place,
the results of an operation indicate that, for the purposes
of Article 1, it has only a low potential, the Commission
may,
in accordance with the procedure referred to in
Article 36(2), adopt implementing measures adding that
specific operation will be added to the list set out in
Annex I referred to in paragraph 2.

R e a son

For the same reasons as put forward in the justification regarding amendment 5, the theme dealt with in
this Article should be subject to a political and not just technical debate. The classification of treatment
operations, and in this case disposal, strongly influences the ability of competent authorities and of private
operators to plan medium and long-term capacity requirements. It also determines the terms of competi-
tion for the individual treatment facility.

Therefore the adoption of implementing measures should be subject to a political decision procedure in
which the relevant actors are involved. In the light of their responsibilities and competencies in the waste
area, local and regional authorities ought as a minimum to be consulted before implementation measures
are proposed and be given the opportunity to reflect on the impact assessment that the Commission
should carry out prior to putting forward a proposal.

Recommendation 8

Article 9

Commission text

CoR amendment

Member States shall ensure that the costs entailed in the
recovery or disposal of waste are allocated, as appropriate,
between the holder, previous holders and the producer.

In accordance with the polluter pays principle, Member
States shall ensure that the costs entailed in the recovery
or disposal of waste are allocated, as appropriate, between
the holder, previous holders and the producer.

R e a son

The Sixth Community Environment Action Programme (adopted by the European Parliament and the
Council on 22 July 2002) is based primarily on the polluter pays principle. This principle should, as a
fundamental principle of environmental policy, be reinstated in the text of the Directive.

Recommendation 9

Article 11, paragraph 1, point c (new)

Commission text

CoR amendment

1. With a view to determining whether it is appropriate
to deem certain waste to have ceased being waste, to have
completed a re-use, recycling or recovery operation, and
to reclassify that waste as secondary products materials or
substances,
the
following conditions are met:
(a) reclassification would not
environmental impacts;

the Commission shall assess whether

lead to overall negative

1. With a view to determining whether it is appropriate
to deem certain waste to have ceased being waste, to have
completed a re-use, recycling or recovery operation, and to
reclassify that waste as secondary products materials or
substances,
the
following conditions are met:
(a)

the Commission shall assess whether

lead to overall negative

reclassification would not
environmental impacts;

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Official Journal of the European Union

C 229/11

Commission text

CoR amendment

(b) a market exists for such a secondary product, material

(b) a market exists for such a secondary product, material

or substance.

or substance;

(c)

the secondary product, material or substance has
undergone a treatment, and is about to enter a new
cycle as a product or a material showing properties,
to those of virgin material or
which are similar
substances.

R e a son

It is recommended that the end of waste criteria only apply when waste has undergone treatment. This
means that it is not possible to exempt waste from the waste legislation before the moment when it can
actually be part of a new production cycle and shows a quality equivalent to virgin material or substances.

Recommendation 10

Article 11, paragraph 2

Commission text

CoR amendment

2.
On the basis of its assessment pursuant to paragraph
1, the Commission shall, in accordance with the procedure
referred to in Article 36(2), adopt implementing measures
in respect of a specific product, material or substance cate-
gory of waste, specifying the environmental and quality
criteria to be met in order for that waste to be deemed to
have become a secondary product, material or substance.

2.
On the basis of its assessment pursuant to paragraph
1, the Commission shall, in accordance with the procedure
referred to in Article 36(2), adopt propose by means of a
directive on end of waste,
implementing measures in
respect of a specific product, material or substance cate-
gory of waste, specifying the environmental and quality
criteria to be met in order for that waste to be deemed to
have become a secondary product, material or substance.
The Commission will carry out an impact assessment of
the proposed measures.

R e a son

Article 11 outlines the end-of-waste criteria and thereby the future scope of waste legislation. The choice
of environmental criteria and the level at which they are set is not only a technical issue but a political one
as well. Further lack of strict criteria concerning the use of such concept can lead to confusion and even
discussions among conflicting interest groups. Implementing measures must therefore be subject to a poli-
tical debate. Proposing a directive on end of waste enables the avoidance of too frequent revisions of the
Directive on Waste. Such proposals having environmental, economic and social consequences, they should
be accompanied by an impact assessment including broad consultation among the relevant stakeholders.

Recommendation 11

Article 13

Commission text

CoR amendment

The Commission shall, in accordance with the procedure
referred to in Article 36(2), establish a list of hazardous
wastes, hereinafter ‘the list’.

The Commission shall, in accordance with the procedure
referred to in Article 36(2), establish a list of hazardous
wastes, hereinafter ‘the list’.

The list shall take into account the origin and composition
of the waste and, where necessary, limit values of concen-
tration.

The list shall take into account the origin and composition
of the waste and, where necessary, limit values of concen-
tration.

R e a son

This article is redundant, as requirements concerning the establishment of a waste list are already included
in Article 4.

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Recommendation 12

Article 15

Commission text

CoR amendment

1.
Where a Member State has evidence to show
that a specific waste that appears on the list as hazar-
dous waste does not display any of the properties
listed in Annex III, it may treat that waste as non-
hazardous waste.

The Member State shall notify any such cases to the
Commission in the report provided for in Article
34(1) and shall provide the Commission with the
necessary evidence.

2.
The Commission shall, in the light of notifica-
tions received, review the list in order to decide on
in accordance with the procedure
its adaptation,
referred to in Article 36(2).

1.
Where a Member State has evidence to show that a
specific waste that appears on the list as hazardous waste does
not display any of the properties listed in Annex III, it may treat
that waste as non-hazardous waste. The Member State shall
notify any such cases to the Commission in the report provided
for in Article 34(1) and shall provide the Commission with the
necessary evidence.

The Commission shall,

2.
in the light of notifications
received, review the list in order to decide on its adaptation, in
accordance with the procedure referred to in Article 36(2).

3. Member States may treat
waste after the adaptation of the list has been adopted.

the waste as non-hazardous

R e a son

A uniform classification of waste as hazardous or non-hazardous is an important precondition for imple-
menting Council Regulation (EEC) No. 259/93 on trans-frontier shipments of waste. Such classification is
the subject of ongoing discussions in the Technical Adaptation Committee. Changes may not be left up to
the individual Member State but should first come into force after discussions between representatives of
the Member States and the Commission.

Recommendation 13

Article 16

Commission text

Article 16

Separation

CoR amendment

Article 16

Separation

take

States

the necessary
shall
1. Member
measures to ensure that the following conditions are
met where hazardous waste is mixed, either with
other hazardous waste possessing different properties
or with other waste, substances or materials:
(a) the mixing operation is carried out by an estab-
lishment or undertaking which has obtained a
permit in accordance with Article 19;

(b) the conditions
complied with;

laid down in Article 7 are

(c) the environmental impact of the management of

the waste is not worsened;

(d) such an operation conforms to best available

techniques.

Subject to technical and economical feasibility
2.
criteria to be determined by the Member States,
where hazardous waste has been mixed, in a manner
contrary to paragraph 1, with other hazardous waste
possessing different properties or with other wastes,
substances or materials, separation shall be effected
where necessary in order to comply with Article 7.

1. Member States shall take the necessary measures to ensure
that the following conditions are met:
(a)

it is forbidden to waste producers, collectors and transpor-
ters to mix hazardous waste, either with other hazardous
waste possessing different properties or with other waste,
substances or materials;

(b) where hazardous waste is mixed, either with other hazar-
dous waste possessing different properties or with other
waste, substances or materials:

(a) (i)

the mixing operation is carried out by an establishment
or undertaking which has obtained a permit in accord-
ance with Article 19;

(b) (ii)

the conditions laid down in Article 7 are complied

(c) (iii)

(d) (iv)

(v)

with;
the environmental impact of the management of the
waste is not worsened;
such an operation conforms to best available techni-
ques;

the mixture resulting from the mixing operation is
treated in accordance with the rules on hazardous
waste, no matter its final composition

2.
Subject to technical and economical feasibility criteria to
be determined by the Member States, where hazardous waste
has been mixed,
in a manner contrary to paragraph 1, with
other hazardous waste possessing different properties or with
other wastes, substances or materials, separation shall be effected
where necessary in order to comply with Article 7.

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R e a son

It is true that only permitted plants may carry out the mixing. However, it should be noted that the provi-
sions of Article 16, point 2 only require illegal mixtures to be separated under conditions that are ‘Subject
to technical and economical feasibility criteria to be determined by the Member States’. It should be stated
clearly in the directive's text that mixing is forbidden to waste producers, collectors and transporters.
Furthermore, mixtures must be treated according to the rules on hazardous waste in order to avoid mixing
being carried out with the sole purpose of diluting the pollutants.

Recommendation 14

Article 19, paragraph 1

Commission text

CoR amendment

1. Member States shall require any establishment or
undertaking intending to carry out disposal or recovery
operations to obtain a permit from the national competent
authorities.

1. Member States shall require any establishment or
undertaking intending to carry out disposal or recovery
operations to obtain a permit from the national competent
authorities.

Such permits shall specify the following:
(a) the types and quantities of waste that may be treated;

Such permits shall specify the following:
(a) the types and quantities of waste that may be treated;

(b) for each type of operation permitted, the technical

(b) for each type of operation permitted, the technical

requirements relevant to the site concerned;

requirements relevant to the site concerned;

(c) the security precautions to be taken;

(c) the security precautions to be taken;

(d) the method to be used for each type of operation.

(d) the method to be used for each type of operation.

Permits may specify additional conditions and obligations.

Permits may specify additional conditions and obligations
such as requirements regarding the quality of the treat-
ment.

R e a son

In the light of its related environmental implications, Article 19 of the Directive should specify that it is
possible to make requirements regarding the quality of the treatment.

Recommendation 15

Article 21

Commission text

CoR amendment

The Commission may, in accordance with the procedure
referred to in Article 36(2), adopt minimum standards for
permits designed to ensure that the waste is treated in an
environmentally sound manner.

The Commission may, in accordance with the procedure
referred to in Article 36(2) a political procedure in which
the relevant actors are involved, and after carrying out an
the proposed measures, adopt
impact assessment of
minimum standards for permits designed to ensure that
the waste is treated in an environmentally sound manner.

Member States may set higher standards for permits on
the basis of a national assessment of needs and proportion-
ality and in accordance with EC treaties.

R e a son

In accordance with amendments 5, 6 and 9, this amendment calls for the use of a political and not only
technical debate. Setting minimum standards for permits designed to ensure that the waste is treated in an
environmentally sound manner should be subject to a political decision procedure in which relevant actors
are involved. In the light of their responsibilities and competencies in the waste area, local and regional
authorities ought as a minimum to be consulted before implementation measures are proposed and be
given the opportunity to reflect on the impact assessment that the Commission should carry out prior to
putting forward a proposal.

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Official Journal of the European Union

22.9.2006

Recommendation 16

Article 26, paragraph 1

Commission text

CoR amendment

1. Member States shall ensure that
their competent
authorities establish, in accordance with Article 1, one or
more waste management plans, which shall be revisedat
least every five years.

1. Member States shall ensure that
their competent
authorities establish, in accordance with Article 1, one or
more waste management plans, which shall be revisedat
least every five four years.

Those plans shall, alone or in combination, cover the
entire
State
territory of
concerned.

the Member

geographical

Those plans shall, alone or in combination, cover the
entire
State
territory of
concerned.

the Member

geographical

R e a son

The frequency according to which waste management plans will be revised should be synchronised with
that applying to the waste prevention programmes described in Article 29. The review of the waste preven-
tion programmes is foreseen in Article 31 and linked to the reporting requirements stipulated in Article
34, which sets the reporting frequency at three years. By synchronising the revision of both waste manage-
ment plans and waste prevention programmes as well as the carrying out of sectoral reports, a regular
exercise will be established among the relevant authorities and help these meet the reporting requirements
of the Directive.

In relation to these criteria, it is important to mention that adequate resources should be allocated to the
competent authorities.

Recommendation 17

Article 29, paragraph 1

Commission text

CoR amendment

1. Member States shall establish,
in accordance with
Article 1, waste prevention programmes no later than
[three years after the entry into force of this Directive].

Such programmes shall either be integrated into the waste
management plans provided for in Article 26, or shall
function as separate programmes. They shall be drawn up
at the geographical level most appropriate for their effec-
tive application.

1. Member States shall establish,
in accordance with
Article 1, waste prevention programmes no later than
[three years after the entry into force of this Directive]. The
programmes shall be revised at least every four years.

These programmes and the measures therein should as a
minimum aim for a stabilisation of waste generation by
2010 and further significant reductions in generation by
2020.

Such programmes shall either be integrated into the waste
management plans provided for in Article 26, or shall
function as separate programmes. They shall be drawn up
at the geographical level most appropriate for their effec-
tive application.

R e a son

As put forward in the justification for amendment 14, the frequency according to which waste prevention
programmes will be revised should be synchronised with that applying to waste management plans. The
review of the waste prevention programmes is foreseen in Article 31 and linked to the reporting require-
ments stipulated in Article 34, which sets the reporting frequency at three years. Synchronising the
reporting requirements is proposed for the same reasons as those given in the justification for amendment
14.

Waste prevention programmes aimed at tackling one of the most significant challenges of waste policies, a
reduction in the generation of waste, the revised framework directive should establish milestones against
which progress can be assessed. Setting clear reduction targets is also in line with the objectives and
priority areas, set out in the Sixth Community Environment Action Programme concerning waste.

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Article 29 requires that waste prevention programmes are drawn up at the geographical level most appro-
priate for their application, and thus it is of importance that adequate resources are allocated to that level.

Recommendation 18

Article 30, paragraph 2

Commission text

CoR amendment

2. Member States shall determine specific qualitative
and quantitative targets and indicators for any measure or
combination of measures adopted in order to monitor and
assess the progress of individual measures.

2. Member States shall determine specific qualitative
and quantitative targets. The Commission will, in accord-
ance with the procedure referred to in Article 36(2), estab-
lish quantitative and qualitative indicative targets and and
indicatorsfor any measure or combination of measures
adopted in order that will be used by Member States to
monitor and assess the progress of individual measures.

R e a son

The establishment of qualitative and quantitative targets at national level may reflect the differences in the
state of play in Member States. The monitoring and assessment of progress according to an agreed metho-
dology will enable the further elaboration of prevention policies at Community level.

Recommendation 19

Article 34, paragraph 1

Commission text

CoR amendment

At

intervals of

1.
three years Member States shall
inform the Commission of the implementation of this
Directive, in the form of a sectoral report .

At intervals of three four years Member States shall
this

1.
inform the Commission of
Directive, in the form of a sectoral report.

the implementation of

The report shall be drawn up on the basis of a question-
naire or outline established by the Commission in accord-
ance with the procedure referred to in Article 6 of Direc-
tive 91/692/EEC. The report shall be made to the Commis-
sion within nine months of the end of the three year
period covered by it.

The report shall be drawn up on the basis of a question-
naire or outline established by the Commission in accord-
ance with the procedure referred to in Article 6 of Direc-
tive 91/692/EEC. The report shall be made to the Commis-
sion within nine months of the end of the three year
period covered by it.

Member States shall include in these reports information
on their progress in the implementation of their waste
prevention programmes.

Member States shall include in these reports information
on their progress in the implementation of their waste
prevention programmes.

In the context of the reporting obligations, data shall be
collected on catering waste, enabling the establishment of
rules on its safe use, recovery, recycling and disposal.

In the context of the reporting obligations, data shall be
collected on catering waste, enabling the establishment of
rules on its safe use, recovery, recycling and disposal.

R e a son

The frequency according to which sectoral reports ought to be carried out, should, for the same reasons as
put forward in amendments 14 and 15, be synchronised with the requirements applying to both waste
prevention programmes as well as waste management plans.

Recommendation 20

Article 35

Commission text

CoR amendment

The Commission shall, in accordance with the procedure
referred to in Article 36(2), adopt the amendments neces-
sary for adapting the Annexes to scientific and technical
progress.

The Commission shall,
in accordance withthe procedure
referred to in Article 36(2) a political procedure in which
the relevant actors are involved, and after carrying out an
impact assessment of the proposed measures, adopt the
amendments necessary for adapting the Annexes to scien-
tific and technical progress.

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Official Journal of the European Union

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R e a son

The Annexes of this Directive play an important role for the future scope of waste legislation. As pointed
out in amendments 5 and 6, it is suggested that Annex I and Annex II — outlining the classification of
future treatment operations –be transferred to the Annexes of a separate Regulation. However, it is gener-
ally important to recognise that adapting the Annexes of this Directive to scientific and technical progress
requires a political and not just technical debate. Relevant actors should be involved in this political deci-
sion procedure, and in the light of their responsibilities and competencies in the waste area, local and
regional authorities ought as a minimum to be consulted before implementation measures are proposed.
As mentioned in amendment 5, the relevant actors should also be given the opportunity to reflect on the
impact assessment which the Commission should carry out prior to putting forward a proposal regarding
such changes to the legislation.

Recommendation 21

Annex I

Commission text

CoR amendment

ANNEX I
DISPOSAL OPERATIONS
Deposit into or onto land (e.g. landfill, etc.)

D 1

ANNEX I
DISPOSAL OPERATIONS
Deposit into or onto land (e.g. landfill, etc.)

D 1

D 2
sludgy discards in soils, etc.)

Land treatment (e.g. biodegradation of liquid or

D 2
sludgy discards in soils, etc.)

Land treatment (e.g. biodegradation of liquid or

D 3
Deep injection (e.g. injection of pumpable discards
into wells, salt domes or naturally occurring repositories,
etc.)

D 3 Deep injection (e.g. injection of pumpable discards
into wells, salt domes or naturally occurring repositories,
etc.)

D 4
sludgy discards into pits, ponds or lagoons, etc.)

Surface impoundment (e.g. placement of liquid or

D 4
sludgy discards into pits, ponds or lagoons, etc.)

Surface impoundment (e.g. placement of liquid or

D 5
Specially engineered landfill (e.g. placement into
lined discrete cells which are capped and isolated from one
another and the environment, etc.)

D 5
Specially engineered landfill (e.g. placement into
lined discrete cells which are capped and isolated from one
another and the environment, etc.)

D 6

D 7

Release into a water body except seas/oceans

Release into seas/oceans including sea-bed insertion

D 6

D 7

Release into a water body except seas/oceans

Release into seas/oceans including sea-bed insertion

D 8
Biological treatment not specified elsewhere in this
Annex which results in final compounds or mixtures
which are discarded by means of any of the operations
numbered D 1 to D 12

D 8
Biological treatment not specified elsewhere in this
Annex which results in final compounds or mixtures
which are discarded by means of any of the operations
numbered D 1 to D 12

D 9
Physico-chemical treatment not specified elsewhere
in this Annex which results in final compounds or
mixtures which are discarded by means of any of the
operations numbered D 1 to D 12 (e.g. evaporation,
drying, calcination, etc.)

D 9
Physico-chemical treatment not specified elsewhere
in final compounds or
in this Annex which results
mixtures which are discarded by means of any of the
operations numbered D 1 to D 12 (e.g. evaporation,
drying, calcination, etc.)

D 10

D 11

Incineration on land

Incineration at sea

D 10

D 11

Incineration on land

Incineration at sea

D 12
containers in a mine, etc.)

Permanent

storage

(e.g.

emplacement of

D 12
containers in a mine, etc.)

Permanent

storage

(e.g.

emplacement

of

D 13
the operations numbered D 1 to D 12

Blending or mixing prior to submission to any of

D 13
the operations numbered D 1 to D 12

Blending or mixing prior to submission to any of

D 14
operations numbered D 1 to D 13

Repackaging prior to submission to any of the

D 14
operations numbered D 1 to D 13

Repackaging prior to submission to any of the

D 15
Storage pending any of the operations numbered
D 1 to D 14 (excluding temporary storage, pending collec-
tion, on the site where the waste is produced)

D 15
Storage pending any of the operations numbered
D 1 to D 14 (excluding temporary storage, pending collec-
tion, on the site where the waste is produced)

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R e a son

Annex I to the Directive on Waste should be transferred to Annex I of Regulation No Xxxxx, and is, in
accordance with the justification laid down for amendment 5, to be deleted in this amendment.

Recommendation 22

Annex II

Commission text

CoR amendment

ANNEX II
RECOVERY OPERATIONS

ANNEX II
RECOVERY OPERATIONS

Use principally as a fuel or other means to generate

R1
energy.

Use principally as a fuel or other means to generate

R1
energy.

This includes incineration facilities dedicated to the proces-
sing of municipal solid waste only where their energy effi-
ciency is equal to or above:

This includes incineration facilities dedicated to the proces-
sing of municipal solid waste only where their energy effi-
ciency is equal to or above:

— 0.60 for installations in operation and permitted in
accordance with applicable Community legislation
before 1 January 2009,

— 0.60 for installations in operation and permitted in
accordance with applicable Community legislation
before 1 January 2009,

— 0.65 for installations permitted after 31 December

— 0.65 for installations permitted after 31 December

2008,using the following formula:

2008,using the following formula:

Energy efficiency = (Ep -(Ef + Ei))/(0.97 x (Ew + Ef))

Energy efficiency = (Ep -(Ef + Ei))/(0.97 x (Ew + Ef))

In which:

In which:

Ep means annual energy produced as heat or electricity. It
is calculated with energy in the form of electricity being
multiplied by 2.6 and heat produced for commercial use
multiplied by 1.1 (GJ/year)

Ep means annual energy produced as heat or electricity. It
is calculated with energy in the form of electricity being
multiplied by 2.6 and heat produced for commercial use
multiplied by 1.1 (GJ/year)

Ef means annual energy input to the system from fuels
contributing to the production of steam (GJ/year)

Ef means annual energy input to the system from fuels
contributing to the production of steam (GJ/year)

Ew means annual energy contained in the treated waste
calculated using the lower net calorific value of the waste
(GJ/year)

Ew means annual energy contained in the treated waste
calculated using the lower net calorific value of the waste
(GJ/year)

Ei means annual energy imported excluding Ew and Ef
(GJ/year)

Ei means annual energy imported excluding Ew and Ef (GJ/
year)

0.97 is a factor accounting for energy losses due to
bottom ash and radiation.

0.97 is a factor accounting for energy losses due to
bottom ash and radiation.

R 2

Solvent reclamation/regeneration

R 2

Solvent reclamation/regeneration

R 3
Recycling/reclamation of organic substances which
are not used as solvents (including composting and other
biological transformation processes)

R 3
Recycling/reclamation of organic substances which
are not used as solvents (including composting and other
biological transformation processes)

R 4
compounds

Recycling/reclamation of metals

and metal

R 4
compounds

Recycling/reclamation of metals

and metal

R 5

R 6

R 7
ment

R 8

Recycling/reclamation of other inorganic materials

Regeneration of acids or bases

Recovery of components used for pollution abate-

Recovery of components from catalysts

R 5

R 6

R 7
ment

R 8

Recycling/reclamation of other inorganic materials

Regeneration of acids or bases

Recovery of components used for pollution abate-

Recovery of components from catalysts

R 9 Oil re-refining or other reuses of oil

R 9 Oil re-refining or other reuses of oil

R 10
or ecological improvement

Land treatment resulting in benefit to agriculture

R 10
or ecological improvement

Land treatment resulting in benefit to agriculture

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Official Journal of the European Union

22.9.2006

Commission text

CoR amendment

R 11 Use of wastes obtained from any of the operations
numbered R 1 to R 10

R 11
tions numbered R 1 to R 10

Use of wastes obtained from any of the opera-

R 12
operations numbered R 1 to R 11

Exchange of wastes for submission to any of the

R 12
operations numbered R 1 to R 11

Exchange of wastes for submission to any of the

R 13
Storage of wastes pending any of the operations
numbered R 1 to R 12 (excluding temporary storage,
pending collection, on the site where the waste is
produced)

R 13
Storage of wastes pending any of the operations
numbered R 1 to R 12 (excluding temporary storage,
pending collection, on the site where the waste is
produced)

R e a son

Annex II to the Directive on Waste should, as stated in the justification for amendment 5, be transferred to
a separate Regulation and, in accordance with previous amendments, be deleted.

Brussels, 14 June 2006.

The President

of the Committee of the Regions

Michel DELEBARRE

Opinion of the Committee of the Regions on the Proposal for a Directive of the European Parlia-
ment and of the Council on the promotion of clean road transport vehicles

(2006/C 229/02)

THE COMMITTEE OF THE REGIONS,

Having regard to the Proposal for a Directive of the European Parliament and of the Council on the
promotion of clean road transport vehicles (COM(2005) 634 final — 2005/0283 (COD));

Having regard to the decision of the European Commission on 21 December 2005 to consult it on this
subject, under Article 175 and Article 265 (1) of the Treaty establishing the European Community;

Having regard to the decision taken by its president on 24 January 2006 to instruct the Commission for
Sustainable Development to draw up the opinion on the subject;

Having regard to its opinion on the Communication from the Commission to the Council, the European
Parliament, the European Economic and Social Committee and the Committee of the Regions — Towards
a thematic strategy on the urban environment (COM(2004) 60 final — CdR 93/2004 fin) (1);

Having regard to its opinion on the White Paper ‘European transport policy for 2010: time to decide’
(COM(2001) 370 final — CdR 54/2001 fin) (2);

Having regard to its opinion on the Communication from the Commission to the Council and the Euro-
pean Parliament The 2005 Review of the EU Sustainable Development Strategy: Initial Stocktaking and
Future Orientations (COM(2005) 37 final — CdR 66/2005 fin);

(1) OJ C 43 of 18 February 2005, p. 35.
(2) OJ C 192 of 12 August 2002, p.8.