Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-12-12-Speech-1-087"
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"en.20051212.14.1-087"2
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Mr President, I will focus now only the amendments relating to three key issues in this file: firstly, the legal basis; secondly, the definitions of ‘portable’ and ‘industrial’ battery types and, thirdly, collection targets.
The Commission supports the amendment which deletes the possibility for Member States to derogate from the proposed collection targets – the ‘transitional arrangements’. The Commission had proposed this possibility since, in its initial proposal, the collection targets were based on weight per inhabitant. Since the collection targets are now based on sales, it is no longer necessary to provide for this possibility of transitional arrangements.
Since the proposed directive already foresees a review of the long-term targets in Article 20(2)(b), the Commission does not see the need for a specific review obligation to increase the targets by a specific date.
I will give a voting list to the Secretariat, indicating which amendments are and are not acceptable to the Commission. I should like to point out that the Commission reserves its opinion on the additional 18 amendments tabled before the plenary, since more time is needed to fully assess the environmental, economic and social impacts thereof.
I believe that the European Parliament and the Council can now start moving towards agreement on this file. I look forward to an early conclusion of the codecision process so that the directive can be implemented by the Member States and we can achieve a high level of environmental protection in this area.
Firstly, on the legal basis, the preamble and Recital 1 – Amendments 1 and 2: the Commission continues to support the concept of a dual legal basis for this directive as the correct one. This dual legal basis reflects the dual objective of the proposed directive. Indeed, the directive aims at achieving both a high level of environmental protection and contributing to the proper functioning of the internal market. Moreover, it should be noted that the proposed directive specifies that each individual article has only one legal basis.
Indeed, the articles laying down provisions for the environmental protection are based on Article 175 of the EC Treaty. The articles laying down provisions related to the proper functioning of the internal market – namely Articles 4, 5 and 18 of the proposed directive – are based on Article 95 of the Treaty. Consequently, this dual legal basis cannot lead to any legal incompatibilities of procedures.
Secondly, on the definition of the different battery types – Articles 3(3) and (6) and Recitals 8 and 9, Amendments 5, 6, 12 and 13: the definitions of ‘portable’ batteries and ‘industrial’ batteries are important since they determine the scope of the cadmium ban and the type of collection requirements. Therefore, the Commission is of the opinion that definitions should meet the following criteria: they should be clear, they should be workable in practice for the Member States to implement in a harmonised way, and any overlaps or gaps should be avoided.
Taking into account the above, the Commission supports the first two parts of Amendment 12, in particular the introduction of the weight limit for defining portable batteries. However, the Commission does not support the other changes proposed to the definitions of the different battery types – Amendment 12, third part, and Amendment 13.
The Commission welcomes the deletion of the non-exhaustive list of examples in the recitals, which considerably improves the drafting of the legislative act.
Thirdly, I turn to the collection targets – Article 9(2) and (4) and Amendments 26 to 28. The Commission believes that setting collection targets in the proposed directive is necessary: firstly to ensure a minimum level of environmental protection in all Member States and secondly to monitor the efficiency of the national battery-collection schemes. It is important that the collection targets are ambitious in environmental terms, but they should also be achievable, realistic and cost-efficient.
The Commission’s extended impact assessment carefully analysed this issue and came to the conclusion that the collection target of 160 grams or 40% would be the most cost-efficient target, which corresponds with part of Amendment 26.
The appropriateness of an increase in the target in the longer term will be carefully reviewed, as foreseen in Article 20(2)(b) of the proposed directive. In this review, the Commission will take account of technical progress and practical experience gained in Member States. The Commission thus in principle supports Amendment 26 but reserves its opinion on Amendment 56."@en1
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