5 Amendments of Dolors MONTSERRAT related to 2021/0367(COD)
Amendment 397 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where waste listed in Annex III, IIIA, IIIB or IV, waste not classified or mixtures of wastes not classified under one entry in either Annex III or Annex IV are exported from the Union and destined for recovery in countries to which the OECD Decision applies, with or without transit through countries to which the OECD Decision applies, the provisions of Title II shall apply mutatis mutandis, with the adaptations and additional provisions listed in paragraphs 2, 3 and 5 and subject to the periodic monitoring as referred to in Article 41a and Article 41b and the safeguard mechanism as referred to in Article 42.
Amendment 404 #
Proposal for a regulation
Article 41 a (new)
Article 41 a (new)
Article 41 a 1. The Commission shall periodically monitor the countries to which the OECD Decision applies, with a view to ensuring that the countries concerned have the ability to recover the waste in an environmentally sound manner as referred to in Article 56, and that such exports do not lead to environmental or human health damages in the country of destination. 2. The Commission shall monitor in priority the countries to which the OECD Decision applies, and to which the exports of waste represent at least 10% in tonnes of total exports of waste to countries to which the OECD Decision applies as from the entry into force of this Regulation. 3. The Commission shall ensure that each country to which the OECD Decision applies: (a) has a comprehensive waste management strategy or plan that covers its entire territory and shows its ability and readiness to ensure the environmentally sound management of waste; b) has a legal framework for waste management in place, which includes at least the following elements: (i) permitting or licensing systems for waste treatment facilities; (ii) permitting or licensing systems for transport of waste; (iii) provisions designed to ensure that the 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; (iv) adequate pollution controls following relevant BATs (Best Available Techniques) are applying to all waste management operations, from initial treatment to final recycling including binding emission limits for the protection of air, soil and water equivalent to those applicable in EU. (v) effective measures entailing a cost of carbon to reduce the emissions of greenhouse gases from all operations under point (iv); (vi) provisions on enforcement, inspection and penalties designed to ensure the implementation of domestic and international requirements on waste management and waste shipment; (c) is a Party to the multilateral agreements referred to in Annex VIII, and has taken the necessary measures to implement its obligations under those agreements; (d) has put in place a strategy for enforcement of domestic legislation on waste management and waste shipment, covering control and monitoring measures, including information on the number of inspections of shipments of waste and of waste management facilities carried out and on penalties imposed in cases of infringements of the relevant domestic rules. 4. As part of such monitoring, the Commission shall assess requests from natural or legal persons which are accompanied by relevant information and data showing that export of waste from the Union leads to environmental or human health damages in a country to which the OECD Decision applies. 5. Where the Commission is not satisfied that the requirements set out in this Article are complied with and that the country to which the OECD Decision applies does not have the ability to recover the waste in an environmentally sound manner as referred to in Article 56, it shall add the concerned country to the list of countries to which exports are prohibited.
Amendment 409 #
Proposal for a regulation
Article 41 b (new)
Article 41 b (new)
Amendment 412 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The Commission shall monitor the levels of export of waste from the Union to countries to which the OECD Decision applies, with a view to ensuring that suchincrease in exports do not lead to serious environmental or human health damages in the country of destination. As part of such monitoring, the Commission shall assess requests from natural or legal persons which are accompanied by relevant information and data showing that export of waste from the Union leads to serious environmental or human health damages in a country to which the OECD Decision applies.
Amendment 423 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of wasteany category of waste listed in Annex IX to the Basel convention from the Union to a country to which the OECD Decision applies has considerably increased within a short period of time,increased by a volume of 20% in tonnes in one month when compared to an average volume of last6 months 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 630 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 thereofability of the country concerned to manage the waste in question.