23 Amendments of Catherine CHABAUD related to 2021/0367(COD)
Amendment 114 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3 a) This Regulation should enable the Union to ensure the promotion of the circular economy, whilst protecting the environment and human health by preventing the adverse impacts which may result from the shipment of waste.
Amendment 144 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation lays down measures to protect the environment, enhance the circular economy and human health by preventing or reducing the adverse impacts which may result from the shipment of waste. It 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 147 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘environmentally sound management’ means taking all practicable steps to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste, to enable the transition to the circular economy and contribute to the 2050 EU carbon neutrality target as laid down in Regulation (EU) 2021/1119 (‘European Climate Law’);
Amendment 162 #
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph 1 (new)
Article 3 – paragraph 1 – subparagraph 1 (new)
(28) ‘hazardous material for recovery’ means any waste that is classified as hazardous but that qualifies under the definition of ‘material for recovery’.
Amendment 164 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
In addition, the definitions of ‘waste’, ‘hazardous waste’, ‘treatment’, ‘disposal’, ‘recovery’, ‘material for recovery’, ‘preparing for re-use’, ‘re-use’, ‘recycling’, ‘waste producer’, ‘waste holder’, ‘dealer’ and ‘broker’ laid down in Article 3, points (1), (2), (14), (19), (15), (15a), (16), (13), (17), (5), (6), (7) and (8) respectively of Directive 2008/98/EC shall apply.
Amendment 198 #
Proposal for a regulation
Article 7 – paragraph 6
Article 7 – paragraph 6
6. By way of derogation from paragraph 5, where the waste shipped is destined for interim recovery operations or disposal operations and a further recovery operation or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 16(4). In that case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the shipment takes place between two facilities under the control of the same legal entity or the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In those circumstances, the competent authority of destination shall be responsible for obligations arising in the case of take-back where the shipment or the further recovery or disposal operation cannot be completed as intended, as referred to in Article 22, or in the case of an illegal shipment, as referred to in Article 24.
Amendment 203 #
Proposal for a regulation
Article 7 – paragraph 10 – introductory part
Article 7 – paragraph 10 – introductory part
10. The Commission shall, at the latest by [OP: Please insert date of two years after the date of entry into force of this Regulation], assess the feasibility of establishing a harmonised calculation method for determining the amount of financial guarantees or equivalent insurances and, if appropriate,following a risk-based approach and, if appropriate, by ... [ three years after the date of entry into force of this Regulation adopt an implementing act to establish such a harmonised calculation method. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Amendment 244 #
Proposal for a regulation
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(a) the planned shipment or recovery would not be in accordance with Directive 2008/98/EC, while ensuring an objection to a planned shipment does not harm ‘environmentally sound management’;
Amendment 260 #
Proposal for a regulation
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) a description of technologies employed, including R-code(s) and the greenhouse gases (GHG) protocol CO2 saving, for the recovery operation for which the pre- consent is requested;
Amendment 269 #
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Unless stated otherwise in the decision to approve the request for pre- consent, the pre-consent of a recovery facility shall be valid for seven years. five years with at least one audit conducted by the relevant authorities during the validity period in order to verify compliance with latest regulatory requirements. A pre-consent for a recovery facility issued by the competent authority in one Member State shall be valid in all Member States. However, a competent authority may revoke the approval for its Member State under the conditions set out in Article 14(10). Pre-consent recovery facilities that can treat both non-hazardous and hazardous waste shall be allowed to have one permit that could cover both types of recovery.
Amendment 304 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 313 #
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 317 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Any notification, information, documentation or other communication submitted pursuant to the provisions of this Title shall be provided in a language acceptable to the competent authorities concerned. English language shall always be accepted by competent authorities concerned.
Amendment 319 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. The notifier shall provide the competent authorities concerned with authorised translations of the documents referred to in paragraph 1 into a language which is acceptable to them, where they so request. English language shall always be accepted by competent authorities concerned.
Amendment 330 #
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 underextended 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 334 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Amendment 370 #
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 420 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of wastea specific waste stream from the Union to a country to which the OECD Decision applies has considerably increased within a short period of timeincreased by 20% over three months compared to the previous three month period, and there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, the Commission shall request the competent authorities of the country concerned to provide, within 60 working days, information on the conditions under which the waste in question is recovered and the ability of the country concerned to manage the waste in question. The Commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.
Amendment 445 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. In order to fulfil the obligation referred to in paragraph 1, a natural or legal person intending to export waste from the Union shall ensure that the facilities which will manage the waste in the country of destination have been subject to an audit by an independent and accredited third party with appropriate qualifications. The exporter shall ensure that the facilities, which will manage the waste in the country of destination, in accordance with article 38, has an appropriate environmental certification. The exporter must obtain written confirmation of the certification.
Amendment 468 #
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. A natural or legal person that has commissioned or carried out an audit for a given facility in accordance with paragraph 2 shall ensure that such audit be made available to other natural or legal person intending to export waste to the facility in question, under fair commercial conditions. Whereby the audit to assesses said facility complies with the criteria laid down in Annex X, the name and location of said facility should be made available to the public. For that purpose, a public register of all compliant facilities should be established by the EU Commission and updated as need be.
Amendment 499 #
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).
Amendment 513 #
Proposal for a regulation
Article 59 – paragraph 2 – point g a (new)
Article 59 – paragraph 2 – point g a (new)
(g a) information as to how concerns or irregularities can be reported to a prescribed organisation (whistleblowing).
Amendment 563 #
Proposal for a regulation
Annex IIIB – point 2 a (new)
Annex IIIB – point 2 a (new)