22 Amendments of Simona BONAFÈ related to 2021/0367(COD)
Amendment 136 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down measures to protect the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste. It, including in third countries, with a particular view on transitioning towards a circular economy by following the proximity principle and reducing the impact that the European Union’s waste has on third countries. It contributes to the Union’s objective of achieving climate neutrality by 2050 at the latest and to the transition to a fully circular non-toxic economy and establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.
Amendment 158 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 a (new)
Article 3 – paragraph 1 – point 27 a (new)
(27 a) 'facility' means the individual units involved in the relevant steps of the recovery process and the management of the waste. This shall notably include sites where activities ranging from logistics (collecting, transport, storage), preparation (sorting, shredding), final recycling, recovery and disposal of waste, including residual waste from preparation and/or recycling, are conducted.
Amendment 223 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – point i
Article 11 – paragraph 1 – point a – point i
(i) the waste cannot be recovered in a technically feasible and, economically viable and environmentally sound manner, or must be disposed of due to legal obligations in Union or international law. Whereby economic viability is also shown to account for the protection of human health and the environment;
Amendment 232 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – point ii
Article 11 – paragraph 1 – point a – point ii
(ii) the waste cannot be disposed of in a technically feasible and economically viable and environmentally sound manner in the country where it was generated;
Amendment 239 #
Proposal for a regulation
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act in relationcluding to environmental, human health protection;
Amendment 252 #
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relationcluding to environmental, human health or worker protection.
Amendment 262 #
Proposal for a regulation
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) evidence or attestation that the legal or natural person owning or exercising control over the facility has not been convicted of illegal shipment or any other illegal act in relation to waste management, in particular with regard to the protection of the environment, human health or worker protection.
Amendment 305 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The competent authorities of dispatch orand destination shall make publicly available by appropriate meansthrough the electronic exchange system information on notifications of shipments they have consented or objected to, as well as on shipments of waste subject to the general information requirements, where such information is not confidential under national or Union legislation.
Amendment 314 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4 a. Information stored on the central system shall be made publicly available, where such information is not confidential under national or Union legislation, notably the type of recovery operations undertaken for each waste shipment being a shipment requiring a notification procedure or a simple general information procedure and the related rate of material recycling operations versus energy recovery operations
Amendment 329 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
The Commission is also empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria to distinguish between used goods and waste and to set rules with regard to how the financial obligations under extended producer responsibility are to apply to used goods shipped from the Union, for specific categories of commodities for which this distinction is of particular importance for the export of waste or used goods from the Union.
Amendment 341 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Exports from the Union of the following wastes destined for recovery in countries to which the OECD Decision does not apply are prohibited:
Amendment 345 #
Proposal for a regulation
Title IV – Chapter 2 – Section 2 – title
Title IV – Chapter 2 – Section 2 – title
2 Exports of non-hazardous waste to countries to which the OECD Decision does not applyoutside of the Union and EFTA countries
Amendment 347 #
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
Article 37 – paragraph 1 – introductory part
1. Exports from the Union of the following wastes destined for recovery in countries to which the OECD Decision does not applyoutside of the Union and EFTA countries are prohibited:
Amendment 359 #
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. The Commission is empowered to adopt a delegated act in accordance with Article 76 to supplement this Regulation by establishing a list of countries to which the OECD Decision does not applyhat are not members of the Union or the EFTA and to which exports of non-hazardous waste from the Union for recovery are authorised (“list of countries to which exports are authorised”). This list shall include countries which have submitted a request pursuant to Article 39(1) and have demonstrated compliance with the requirements set out in Article 39(3), based on an assessment carried out by the Commission pursuant to Article 40.
Amendment 363 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
Article 38 – paragraph 3 – subparagraph 1
By [OP Please insert the date three months after the date of entry into force of this Regulation], the Commission shall contact all countries to which the OECD Decision does not applyhat are not members of the Union or the EFTA, to provide them with the necessary information on the possibility for those countries to be included in the list of countries to which exports are authorised.
Amendment 365 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
Article 38 – paragraph 3 – subparagraph 2
In order to be included in the list of countries to which exports are authorised adopted by [OP Please insert the date 30 months after the date of entry into force of this Regulation], the countries to which the OECD Decision does not applyhat are not members of the Union or of the EFTA shall submit their request pursuant to Article 39(1) by [OP Please insert the date 9 months after the date of entry into force of this Regulation].
Amendment 377 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Countries to which the OECD Decision does not applyhat are not members of the Union or of the EFTA and which intend to receive certain waste referred to in Article 37(1) from the Union for recovery shall submit a request to the Commission indicating their willingness to receive that waste and to be included in the list referred to in Article 38. Such request and all related documentation or other communication shall be provided in English language.
Amendment 382 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii
(iii) provisions designed to ensure that the waste concerned by the request and residual waste generated through the recovery operation for the wastes concerned by the request is managed in an environmentally sound manner as referred to in Article 56;
Amendment 387 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Commission shall assess the requests submitted pursuant to Article 39 without undue delay and, if it is satisfied that the requirements set out in that Article are complied with, it shall include the country making the request in the list of countries to which exports are authorised. The assessment shall be based on the information and supporting evidence provided by the country making the request, as well as other relevant information, and aim to determine if the country making the request has put in place and implements all necessary measures to ensure that the waste concerned will be managed in an environmentally sound manner as referred to in Article 56. In order to perform this assessment, the Commission shall use, as points of reference, the relevant provisions in the legislation and guidance referred to in Annex IX. The Commission shall also ensure consultation of stakeholders, including national experts, relevant industry representatives and non- governmental organisations, in the assessment.
Amendment 392 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Where, during the course of its assessment, the Commission considers that the information provided by the country making the request is incomplete or insufficient to demonstrate compliance with the requirements set out in Article 39, or where there are significant objections expressed by the consulted stakeholders or the observations referred to in paragraphs 1 and 1a, it shall give that country an opportunity to provide additional information within a maximum period of three months. That period may be extended by an additional period of three months where the requesting country makes a reasoned request for such extension.
Amendment 475 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 500 #
Proposal for a regulation
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2 a. Member States shall carry out inspections to prevent and detect illegal shipments of waste on the basis of a Union risk-based targeting mechanism. In order to promote the harmonisation of inspections, the Commission shall adopt implementing acts to define the detailed elements of the Union risk-based targeting mechanism. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).