Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Directive of the European Parliament and of the Council on waste amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2008-10-01
Institutions: European Commission
Subjects: European standard, environmental law, environmental protection, prevention of pollution, waste disposal, waste management, waste recycling

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 01.10.2008 
COM(2008) 559 final 

2005/0281 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on waste 

AMENDING THE PROPOSAL OF THE COMMISSION 
pursuant to Article 250 (2) of the EC Treaty 

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2005/0281 (COD)  

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on waste 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  38  amendments  proposed  by  the 
Parliament. 

2. 

BACKGROUND 

On 21 December 2005, the Commission adopted a proposal for a Directive revising Directive 
2006/12/EC  on  waste.  On  26  December  2005,  the  Proposal  was  submitted  to  the  European 
Parliament and the Council for adoption by co-decision procedure as laid down in Article 251 
of the EC Treaty. 

The  European  Economic  and  Social  Committee  delivered  its  opinion  on  19  June  2006.  The 
Committee  of  the  Regions  adopted  its  opinion  on  14  June  2006.  Both  Committees  were 
broadly supportive of the Commission's proposal, although in general they called for a more 
regulatory and detailed approach. 

The Council adopted its Common Position on 20 December 2007. The European Parliament 
adopted its position in second reading on 17 June 2008. 

3. 

PURPOSE OF THE PROPOSAL 

The  Proposal  follows  the  conclusions  of  the  Thematic  Strategy  on  the  prevention  and 
recycling of waste (COM(2005) 666 final) which calls for a simplification and modernisation 
of  existing  waste  legislation  where  experience  has  shown  that  this  is  necessary  to  reduce 
administrative  burden  while  maintaining  the  level  of  environmental  protection,  in  line  with 
the objectives of better regulation. 

The objective of the present Proposal is therefore to revise the Waste Framework Directive in 
order  to  modernise,  simplify  and  improve  the  level  of  environmental  protection  offered  by 
this  Directive,  to  integrate  the  Hazardous  Waste  Directive  (91/689/EEC)  into  the  revised 
version and to repeal the Waste Oils Directive (75/439/EEC) while incorporating some of its 
provisions into the Waste Framework Directive. 

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4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

In  its  Plenary  Session  of  17  June  2008,  the  European  Parliament  adopted  a  compromise 
package of 38 amendments (numbered 104 to 142) which had been agreed with the Council in 
view of reaching a second reading agreement. 

These amendments concern: 

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the  setting  of  the  recycling  targets  for  household  and  construction  and  demolition 
waste and introducing provisions for shaping the future waste prevention objectives, 

the setting of a five step waste hierarchy as a priority order, 

and  the  clarification  of  certain  provisions  related  to  hazardous  waste,  end-of-waste 
criteria, and biowaste. 

4.1. 

Amendments accepted by the Commission 

The  Commission  accepts  all  these  amendments  as  they  are  in  line  with  the  overall  purpose 
and the characteristics of the Proposal. 

5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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