Activities of Clare DALY related to 2021/0367(COD)
Plenary speeches (1)
Shipments of waste (debate)
Amendments (23)
Amendment 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘environmentally sound management’ means taking all practicable stepsnecessary steps, as practicable as possible, 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;
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a – introductory part
Article 3 – paragraph 1 – point 6 – point a – introductory part
(a) in the case of a shipment originating from a Member State, any natural or legal person under the national jurisdiction of that Member State who plans or carries out a shipment of waste and to whom the duty to notify is assigned, and who is listed and in accordance with the ranking below:
Amendment 154 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a – point iv
Article 3 – paragraph 1 – point 6 – point a – point iv
(iv) a dealer or a broker acting on behalf of any of the categories specified in points (i), (ii) or (iii) who provides written authorisation including the conditions under which articles 22(10) and 24(3) apply;
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) Waste containing or contaminated with a substance listed in Annex IV to Regulation EU2019/1021 on persistent organic pollutants if not listed elsewhere in article 4 point (2);
Amendment 189 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
When the notifier is one of the persons indicated in article 3 point (6)(a)(iv), the notification includes the written authorisation.
Amendment 204 #
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 different mechanisms and a harmonised calculation method for determining the amount of financial guarantees or equivalent insurances and, if appropriate, 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 214 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. A written consent to a planned shipment shall expire on the later date as indicated in the notification documwithin one calendar year from the date of consent of the competent authority of dispatcher destination who last consented. It shall not cover a period of more than one calendar year or any shorter period as indicated in their decision by the competent authorities concerned.
Amendment 220 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – introductory part
Article 11 – paragraph 1 – point a – introductory part
(a) the notifier demonstrates that, based on publicly available information published by the European Commission:
Amendment 225 #
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 manner including by lack of capacity, or must be disposed of due to legal obligations in Union or international law;
Amendment 230 #
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 manner including by lack of capacity, in the country where it was generated;
Amendment 234 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – point iii
Article 11 – paragraph 1 – point a – point iii
(iii) the planned shipment or disposal is in accordance with the waste hierarchy and the principles of proximity and self- sufficiency at Union and national levels as s laid down in Directive 2008/98/EC;
Amendment 235 #
Proposal for a regulation
Article 11 – paragraph 1 – point a – point iii a (new)
Article 11 – paragraph 1 – point a – point iii a (new)
(iii a) If the notifier demonstrates that the planned disposal operation is in accordance with the requirements laid down in Commission Delegated Regulations supplementing Regulation (EU)2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to one of the environmental objectives and for determining whether that economic activity causes no significant harm to any of the other environmental objectives, the demonstration according to points i, ii and iii does not apply.
Amendment 240 #
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 acts in relation to environmental protectionthe protection of health and the environment;
Amendment 246 #
Proposal for a regulation
Article 12 – paragraph 1 – point d – point ii
Article 12 – paragraph 1 – point d – point ii
(ii) the recovery operation in the country of destination takes place under conditions that are broadlyconsidered equivalent to those prescribed in the national legislation of the country of dispatch;
Amendment 253 #
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 relation to environmental protectionthe protection of health and the environment.
Amendment 264 #
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 acts in relation to waste management or in relation to the protection of health and the environment.
Amendment 303 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 306 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
The minimum information on notifications the competent authorities of dispatch and destination shall make publicly accessible are, the name of the producer, the name of the notifier if different from the producer, the name of the consignee, including the name of the facility of final destination in case of interim disposal or recovery operation, the type of waste designated by its code in the European List of Waste, the total quantity of waste intended to be shipped, the treatment operation the waste will undergo and whether the notification has been consented or not.
Amendment 415 #
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 such 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 422 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of waste from the Union to a country to which the OECD Decision applies has either considerably increased within a short period of time, and / or 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 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 439 #
Proposal for a regulation
Article 42 – paragraph 4 – subparagraph 1
Article 42 – paragraph 4 – subparagraph 1
This prohibition shallmay be lifted by the Commission, when the Commission has sufficient evidence that the waste concerned will be managed in an environmentally sound manner.
Amendment 491 #
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 and environmental protection requirements that are broadlyconsidered equivalent to the human health 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 environmentally sound management principle shall include the demonstration that the residues generated in the facility of destination, including in case of preparing for reuse and recycling, will also be managed in accordance with the same level of protection as the input waste in the facility.
Amendment 521 #
Proposal for a regulation
Article 63 – paragraph 4
Article 63 – paragraph 4
4. The waste shipment enforcement group shall meet at least twice a year. In addition to the members referred to in paragraph 2, the chairperson may invite to the meetings, where appropriate, representatives of other relevant institutions, bodies, offices, agencies or networks and other stakeholders.