Activities of Jytte GUTELAND related to 2021/0367(COD)
Legal basis opinions (0)
Amendments (34)
Amendment 159 #
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 and disposal of residual waste from preparation and/or recycling are conducted.
Amendment 185 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Only nNotifiers that have received a permit or are registered in accordance with Chapter IV of Directive 2008/98/EC or waste producers or operators of experimental treatment trials may submit a prior written notification (‘notification’).
Amendment 327 #
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, for specific categories of commodities for which this distinction is of particular importance for the export of waste from the Union. Where the distinction between waste and non-waste results in a risk of circumvention of the requirements under Article 56, the object or substance shall be treated as if it were waste for the purpose of the shipment, and in particular be subject to the audit requirement under Article 43.
Amendment 360 #
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
Article 38 – paragraph 3 – introductory part
3. The list referred to in paragraph 1 shall be adopted by [OP Please insert the date 3015 months after the date of entry into force of this Regulation], unless no country submits a request pursuant to Article 39(1) or no country complies with the requirements set out in Article 39(3) at that time.
Amendment 367 #
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 3015 months after the date of entry into force of this Regulation], the countries to which the OECD Decision does not apply shall submit their request pursuant to Article 39(1) by [OP Please insert the date 96 months after the date of entry into force of this Regulation].
Amendment 369 #
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. The Commission shall regularly, and at least every two years following its establishment, update the list of countries to which exports are authorised, in order to:
Amendment 390 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1 a. Upon receiving a request submitted pursuant to Article 39, the Commission shall publish a notice in the EU Official Journal, inviting interested third parties to submit to the Commission their observations about the request for inclusion in the list of countries to which exports are authorised. Observations shall be submitted to the Commission not later than 10 days following the date of the publication in the EU Official Journal of the notice by the Commission.
Amendment 448 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. The independent and accredited third party shall have a high level of technical and specialised expertise in the field of waste in order to conduct the audit. It shall be accredited to carry out audits in accordance with ISO 19011 standard, the accreditation being obtained from a national accreditation body appointed by an EU Member State according to Regulation (EC) No 765/2008. The independent and accredited third party shall be subject to principles of professional ethics, covering at least their integrity and objectivity and their professional competence and due care. When carrying out an audit, the independent and accredited third party shall be independent of the audited entity. The natural or legal person that has commissioned an audit shall not intervene in the execution of the audit in any way which jeopardises the independence and objectivity of the independent and accredited third party.
Amendment 452 #
Proposal for a regulation
Article 43 – paragraph 2 b (new)
Article 43 – paragraph 2 b (new)
2 b. Guidelines for quality and/or environmental management systems auditing set out in the EN ISO 19011:2018 standard shall apply to the work conducted by the independent and accredited third party. The independent and accredited third party shall, in its audit report, provide an opinion, on the compliance of the facility with the criteria laid down in Annex X in accordance with reasonable assurance engagement principles, as defined under the International Standard on Assurance Engagements (ISAE 3000 (Revised)).
Amendment 455 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. The audit referred to in paragraph 2 shall verify compliance of the facility concerned, respectively for each relevant individual unit, with the criteria laid down in Annex X. A legal or natural person shall not export waste to a facility which does not comply with those criteria.
Amendment 460 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3 a. When the audit commissioned by a legal or natural person concludes that the facility concerned does not comply with the criteria laid down in Annex X, the independent and accredited third party shall inform the European Commission of the result of the audit and the reasons for the non-compliance.
Amendment 463 #
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. A natural or legal person intending to export waste shall ensure that the facility which will manage the waste in the country of destination has been subject to an audit referred to in paragraph 2 prior to exporting waste to the facility concerned and that the audit is repeated at regular intervals, following a risk-based approach, with a minimum frequency of every threewo years after the first audit.
Amendment 490 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste will be managed in accordance with human health, social standards and environmental protection requirements that are broadly equivalent to the human health, social standards and environmental protection requirements laid down in Union legislation. When assessing such broad equivalence, full compliance with requirements stemming from Union legislation shall not be required, but it should be demonstrated that the requirements applied in the country of destination ensure a similar level of protection of human health and the environment than the requirements stemming from Union legislation. The operations linked to the management of waste shall contribute to reduce emissions into air, water and land and achieve a high level of protection of the environment taken as a whole, and shall prevent or limit as far as practicable the pollution of air, soil, surface water and groundwater as well as other negative effects on the environment, odours and noise, and direct risks to human health.
Amendment 494 #
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
2 a. The Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation with further clarifications regarding the use of the relevant best available techniques with respect to the reduction of emissions referred to in paragraph 2. Those delegated acts shall be adopted within 18 months from date of publication of this regulation.
Amendment 501 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Inspections of shipments shall include at least verification of documents, confirmation of the identity of the actors involved in those shipments and, where appropriate, physical checking of the waste.
Amendment 506 #
Proposal for a regulation
Article 58 – paragraph 5
Article 58 – paragraph 5
5. In order to ascertain whether a shipment of waste subject to the general information requirements set out in Article 18 is destined for recovery operations which are in accordance with Article 56, the authorities involved in inspections mayshall require the person who arranges the shipment to submit the audit report required in Article 42 as well as, where appropriate, relevant documentary evidence, provided by the interim and non- interim recovery facility and, if necessary, approved by the competent authority of destination.
Amendment 510 #
Proposal for a regulation
Article 58 – paragraph 6
Article 58 – paragraph 6
6. Where the evidence referred to in paragraph 4 or required in accordance with paragraph 5 has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment and shall be dealt with in accordance with Articles 24 and 25. The authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.
Amendment 515 #
5. The Commission shall review the inspection plans notified by the Member States in accordance with paragraph 4 and, if appropriate, draw up reports, based on the review of these plans, on the implementation of this Article. Such reports shall take into account the flows, tonnage and value of waste to third countries to identify relevant priorities. Such reports may include, inter alia, recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. Such reports may also be presented, where appropriate, in the meetings of the waste shipment enforcement group established under Article 63, and shall be submitted to the European Parliament and the European Council.
Amendment 523 #
Proposal for a regulation
Article 64 – paragraph 2 – point b
Article 64 – paragraph 2 – point b
(b) the powers conferred onto the Commission, the European Prosecutor's Office or the European Anti-Fraud Office (OLAF), respectively, in other legal acts, in particular in Council Regulation (EU) 2017/1939, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council65 , Council Regulation 515/9766 , or Council Regulation 2185/9667 . _________________ 65 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1) 66 Council Regulation 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82 of 22.3.1997, p. 1). 67 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(OJ L 292 of 15.11.1996, p. 2).
Amendment 534 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The delegation of power referred to in Articles 14(3), 28(4), 38(1), 41b(1), 42(4) and 75 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 540 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The delegation of power referred to in Articles 14(3), 38(1), 41b(1), 42(4) and 75 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 541 #
Proposal for a regulation
Article 76 – paragraph 6
Article 76 – paragraph 6
6. A delegated act adopted pursuant to Articles 14(3), 28(4), 38(1), 41b(1), 42(4) and 75 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 549 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
By 31 December 20350, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 69, and the review referred to in Article 59(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal.
Amendment 552 #
Proposal for a regulation
Article 82 – paragraph 3
Article 82 – paragraph 3
However, Articles 5, 8 and 9, Article 14(14) and (15), Articles 15, 16, 18, Article 26(1), (2) and (3), and Articles 35, 41, 47, 48, 49, 50, 51, 54 and 55 from [OP: Please insert the date two years after the date of entry into force of the Regulation] and Articles 37, 38, 39, 40,and 40, shall apply from [OP: Please insert the date 15 months after the date of entry into force of the Regulation], and Articles 43 and 44 shall apply from [OP: Please insert the date threewo years after the date of entry into force of the Regulation].
Amendment 571 #
Proposal for a regulation
Annex IX – Part 1 – point 2 a (new)
Annex IX – Part 1 – point 2 a (new)
2 a. For the sake of ensuring environmentally sound management of waste, the assessment shall take into account the range of emission levels obtained under normal operating conditions using a best available technique or a combination of best available techniques, in accordance with Directive 2010/75.
Amendment 573 #
Proposal for a regulation
Annex X – point 1 – introductory part
Annex X – point 1 – introductory part
1. The audit referred in Article 43(2) verifies that the facility, in the meaning of Article 3 (28), which is managing the waste in the country of destination complies with the following conditions:
Amendment 574 #
Proposal for a regulation
Annex X – point 1 – introductory part
Annex X – point 1 – introductory part
1. The audit referred in Article 43(2) verifies that the facility, as defined under Article 3 (28), managing the waste in the country of destination complies with the following conditions:
Amendment 576 #
Proposal for a regulation
Annex X – point 1 – point c – introductory part
Annex X – point 1 – point c – introductory part
(c) it establishes and operates management and monitoring systems, procedures and techniques that have the purpose of preventing, reducing, minimising and to the extent practicable eliminating:
Amendment 580 #
Proposal for a regulation
Annex X – point 1 – point c a (new)
Annex X – point 1 – point c a (new)
(c a) To this end, as a minimum, the actual performance of the facility, including the level of emissions, must be checked and compared with specific requirement which are mandatory in EU legislation and relevant BAT associated emission levels defined in EU under Directive 2010/75/EU.
Amendment 584 #
Proposal for a regulation
Annex X – point 1 a (new)
Annex X – point 1 a (new)
1 a. The verification shall include a separate assessment for each relevant individual unit of a facility.
Amendment 588 #
Proposal for a regulation
Annex X – point 2 – introductory part
Annex X – point 2 – introductory part
2. Upon verifying compliance of a facility against the above criteria, the independent third party performing the audit must in particular take into account, as a point of reference and where relevantverify that all the activities carried out by the facility complies with:
Amendment 593 #
Proposal for a regulation
Annex VIII – Part 2 – point 7 a (new)
Annex VIII – Part 2 – point 7 a (new)
(7 a) Aarhus Convention on Access to Signed: yes no information, public participation in Ratified: yes no decision making and access to justive in environmental matters
Amendment 595 #
Proposal for a regulation
Annex VIII – Part 2 – point 7 b (new)
Annex VIII – Part 2 – point 7 b (new)
(7b) ILO Conventions Signed: yes no Ratified: yes no
Amendment 598 #
Proposal for a regulation
Annex VIII – Part 2 a (new)
Annex VIII – Part 2 a (new)
Part 3 - Commitment to ensure that waste(s) received from the European Union is managed and treated in accordance with Article 56. Hereby, (name and contact details of competent authority) …., on behalf of (country) ..................................... (hereafter ‘the country’) declares that the country ensure that any waste shipped to its territory is managed without endangering human health and in an environmentally sound manner throughout the recovery and disposal of the waste.