2021/0367(COD) | [ParlTrack]

Proposal for a regulation
Annex VII – Table – point 15

~~15. Waste recovered at the recovery facility: Quantity prepared for re-use or recycled other recovery □ Tonnes (Mg): m³: Name: Date: Signature:~~deleted

Amendment 592 #

Proposal for a regulation
Annex VIII – Part 2 – point 7 a (new)

(7 a) Fundamental ILO Conventions Signed: yes no Ratified: yes no

Amendment 593 #

Proposal for a regulation
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 594 #

Cyrus ENGERER

Proposal for a regulation
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)

(7b) ILO Conventions Signed: yes no Ratified: yes no

Amendment 596 #

Cyrus ENGERER

Proposal for a regulation
Annex VIII – Part 2 – point 7 b (new)

(7b) ILO Conventions Signed: yes no Ratified: yes no

Amendment 597 #

Part 2 a (new) 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 ensures that any waste shipped to its territory is managed without endangering human health and in an environmentally sound manner in accordance with Article 56 of this Regulation.

Amendment 598 #

Proposal for a regulation
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.

Amendment 599 #

Proposal for a regulation
Annex VIII – Part 2 a (new)

Part 3 - Commitment to ensure that waste 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 the disposal of the waste.

source: 732.599

2022/05/25 ENVI 482 amendments...

Amendment 107 #

Proposal for a regulation
Recital 1 a (new)

(1a) Waste treatment and disposal activities have various negative impacts on the environment and on people's quality of life, some of which are difficult to mitigate. Greater information therefore needs to be available on the various waste management operations carried out, in terms of quantities, types, routes and associated destinations, as well as the inspection and monitoring of waste management activities.

Amendment 108 #

Proposal for a regulation
Recital 1 b (new)

(1b) Waste is now being exported (thus outsourcing, without solving, the problems of accumulation and production of waste materials) for the sole reason of the business and profit-making opportunities it offers; this should not serve to promote internal outsourcing within the EU countries and regions on its periphery;

Amendment 109 #

Proposal for a regulation
Recital 1 c (new)

(1c) The development of waste treatment systems according to a market- based logic and the liberalisation and privatisation of the sector – thus following the profit motive – does not ensure that people's needs will be met or that the range of waste considered will be broadened, either in the sorting process or in helping effectively reduce the amount of waste that could be recycled or treated but which go directly to landfill;

Amendment 110 #

Proposal for a regulation
Recital 1 d (new)

(1d) The set of measures adopted to improve waste management systems and their operational capacity should not lead to costs being passed on to the population, as is often the case;

Amendment 111 #

Proposal for a regulation
Recital 1 e (new)

(1e) Improving waste management requires public management of the sector, which means reversing privatisation processes and restoring public control over the entire sector, so that the necessary measures and investments can be implemented to pursue national waste management objectives, safeguard the environment and people's quality of life and guarantee effective public service provision, rather than the ultimate aim of maximising profits;

Amendment 112 #

Linea SØGAARD-LIDELL, Nils TORVALDS, Martin HOJSÍK, Frédérique RIES, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Recital 1 f (new)

(1f) Progress in improving the effectiveness and efficiency of waste systems does not replace, but rather require, the consideration of waste upstream, in production and consumption, making those producing it responsible for using more sustainable methods and materials, which guarantee better conditions not only for recycling, but for the reuse and more sustainable use of materials, namely by means of concrete measures that combat planned obsolescence;

Amendment 113 #

Frédérique RIES

Proposal for a regulation
Recital 3

~~(3)~~ The European Green Deal34 sets out ~~(3)~~ an ambitious roadmap to transform the Union into a sustainable, resource efficient and climate neutral economy. It calls on the Commission to review the Union rules on waste shipments established under Regulation (EC) No 1013/2006. The New Circular Economy Action Plan35 adopted in March 2020 further stresses the need for action to ensure that shipments of waste for re-use and recycling in the Union are facilitated, that the Union does not export its waste challenges to third countries and that illegal waste shipments are better addressed. In addition to the environmental and social benefits, this can also result in ameliorating EU’s strategic dependencies on raw materials while increasing pressure on the EU’s recycling capacity. Both the Council36 and the European Parliament37 have also called for a revision of the current Union rules on waste shipments established under Regulation (EC) No 1013/2006. _________________ 34 Communication from the Commission to the European Parliament, the European Council, the Council,the European Economic and Social Committee and the Committee of the Regions, The European GreenDeal (COM (2019) 640 final) 35 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 11 March 2020, A new Circular Economy Action Plan – For a cleaner and more competitive Europe (COM(2020)98 final). 36 Council conclusions on Making the Recovery Circular and Green (13852/20 OJ CONS 34). 37 European Parliament resolution of 10 February 2021 on the New Circular Economy Action Plan (2020/2077(INI)).

Amendment 114 #

Proposal for a regulation
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 115 #

Proposal for a regulation
Recital 8

(8) The Union submitted in October 2020 a notification, covering shipment of waste within the Union, to the Secretariat of the Basel Convention under Article 11 of that Convention. In line with that Article, the Union might therefore set out specific rules applying to the intra-EU shipments of waste which are not less environmentally sound than those provided for by the Basel Convention. (Linked to the amendments by the same author deleting the entries EU3011 and EU48.)deleted Or. en

Amendment 116 #

Proposal for a regulation
Recital 8

(8) The Union submitted in October 2020 a notification, covering shipment of waste within the Union, to the Secretariat of the Basel Convention under Article 11 of that Convention. In line with that Article, the Union might therefore set out specific rules applying to the intra-EU shipments of waste ~~which are not less environmentally sound than~~that comply with environmental requirements and are as ambitious as those provided for by the Basel Convention.

Amendment 117 #

Proposal for a regulation
Recital 10 a (new)

(10a) If we want the framework for shipments of waste from its place of origin to its best place of treatment to ensure a true transition towards a circular economy, it must take into account the principles of proximity and efficiency and promote the reduction of the waste footprint.

Amendment 118 #

Proposal for a regulation
Recital 16 a (new)

(16a) In order to ensure legal certainty and the uniform application of Union waste management and shipment legislation, common criteria and assumptions, common nomenclature codes, criteria for distinguishing between used goods and waste, common thresholds for classifying hazardousness according to physical and chemical characteristics, percentages of the weight of the transported load establishing common thresholds for differentiating between hazardousness codes and other waste classification or characterisation systems need to be introduced with a view to avoiding subjective interpretation of rules safeguarding the environment and human health while complying with the principle of non-regression and the precautionary principle. Common criteria for the classification of hazardous waste are also necessary, thereby avoiding discrepancies and contradictions that may arise from gaps or divergences in national regulations.

Amendment 119 #

Proposal for a regulation
Recital 16 a (new)

(16 a) To take account of innovations in waste shipment and treatment technologies, as well as of changes in consumer behaviour with regard to sorting of waste, it is essential that Annex IIIB is continuously updated based on the latest data and research. Thus, the Commission should be required to regularly publish reports which determine the possibilities of including new waste entries in Annex IIIB, and where appropriate also delegated acts on this topic. Due to the current legal state, it should be a specific priority of the Commission to assess the feasibility of adding entries on used footwear; accessories; toys made from textiles; mixtures of worn clothing, other worn textile articles, used soft toys, and used accessories; as well as mattresses intended for recycling.

Amendment 120 #

Proposal for a regulation
Recital 16 b (new)

(16b) A well-functioning Union market for waste shipments shall be considered to be one that prioritises proximity, self- sufficiency and the use of the best available techniques in waste management as guiding principles of the circular economy that are essential to ensure a low-carbon, resource-efficient and competitive EU economy that is sustainable in the long run and towards which a fair transition is already under way.

Amendment 121 #

Proposal for a regulation
Recital 18 a (new)

(18 a) In order to make the circular economy effective it is important that a legal framework is introduced that distinguishes between unprocessed waste and raw materials for recycling (RMR), such as scrap metal, which often retain the status of waste, such as scrap metal, despite being in effect goods traded on the global market. Subjecting RMR, which are still classified as non-hazardous waste, to intra EU export restrictions with considerable bureaucratic burdens, could represent a damage for European recyclers, engaged in the intensification of green jobs, especially in absence of mechanisms to stimulate internal demand.

Amendment 122 #

Proposal for a regulation
Recital 19 a (new)

(19a) Waste disposal at a reception facility located within 2 km of a population centre or health-care, educational or recreational facility in the case of burial below the initial ground level or within 5 km in case of burial above the initial ground level shall not be deemed to be environmentally sound disposal. In the exceptional event a bilateral agreement has been concluded on shipments of waste for disposal, the aforementioned location requirements for the reception facility will not be accepted as environmentally sound disposal either.

Amendment 123 #

Proposal for a regulation
Recital 20

(20) It is necessary to provide for procedural steps and safeguards, when a notifier wishes to ship waste ~~subject to the procedure of prior written notification and consent~~, in the interests of legal certainty and to ensure uniform application of this Regulation and the proper functioning of the internal market. It is also necessary~~, in line with Article 6(11) of the Basel Convention,~~ to ensure that the costs arising from situations where the shipment of waste ~~subject to the prior written notification and consent~~ cannot be completed or is illegal, are borne by the relevant operators. To this end, the notifier should establish a financial guarantee or equivalent insurance for each shipment of such waste.

Amendment 124 #

Proposal for a regulation
Recital 26

(26) In order to ensure traceability of shipments of waste and not to impair the environmentally sound management of waste shipped across borders, it should be prohibited to mix waste with other waste from the start of the shipment to the receipt of the waste in recovery or disposal operation, except in cases of non- hazardous waste shipped to facilities within the EU which have demonstrated an ability to treat waste of the corresponding contamination level.

Amendment 125 #

Proposal for a regulation
Recital 31

(31) In order to avoid disruptions of shipments of waste or goods, due to a disagreement between competent authorities on the status of these waste or goods, it is necessary to set out a procedure to resolve such disagreements. It is important in that regard that competent authorities base their decisions on the provisions relating to the determination of by-products and to the end-of-waste status of Directive 2008/98/EC. It is also necessary to lay out a procedure to resolve disagreements between competent authorities as to whether waste should be subject or not to the notification procedure. To ensure a better harmonisation across the Union of the conditions under which waste should be subject to the notificationestablish or strengthen criteria for the classification of specific waste in the Annexes to this Regulation and to lay out a procedure, t~~he Commission should also be empowered to adopt implementing acts establishing criteria for the classification of specific waste in the relevant Annexes to this Regulation, which will d~~o resolve disagreements between competent authorities as to whether~~mine whether or not it is subjec~~ waste should be subject or not to the notification procedure. In addition, in order to provide legal certainty and to avoid that waste are falsely declared as used goods ~~and to provide legal clarity, the Commission should be empowered to adopt implementing acts~~, it is necessary to establish~~ing~~ criteria to distinguish between used goods and waste, for specific commodities for which such distinction is important, especially for their export from the Union.

Amendment 126 #

Proposal for a regulation
Recital 33 a (new)

(33 a) The Commission clearly distinguishes unprocessed waste from RMR, in order to streamline bureaucratic procedures and facilitate intra-EU shipments of waste destined for recycling and end use in circular value chains, essential for creating a well-functioning recycled raw materials market on equal terms with virgin raw materials.

Amendment 127 #

Proposal for a regulation
Recital 36

(36) To protect the environment of the countries concerned, it is necessary to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in third countries to which the OECD Decision does not apply, in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households, residues from the incineration of household waste and ~~hard-to-recycle~~contaminated plastic waste as well as mixtures of plastic waste.

Amendment 128 #

Proposal for a regulation
Recital 36 a (new)

(36 a) Plastic waste pose particular challenges. There is a wide diversity of polymers, they often contain hazardous additives and numerous contaminants. Measuring the levels of hazardous additives and of contaminants requires costly testing. Recycling levels are very low, and normally creates large amounts of residual waste. In line with the commitment to stop exporting waste challenges to third countries, the Union should therefore prohibit the export of all kinds of plastic waste.

Amendment 129 #

Proposal for a regulation
Recital 36 a (new)

(36 a) Some major shipping companies are committed to stop carrying plastic waste to help curb pollution, a key decision that requires countries producing and exporting plastic waste, including in the Union, to thoroughly rethink the management of their own plastic waste, starting with improving their collection, reuse and recycling.

Amendment 130 #

Proposal for a regulation
Recital 36 b (new)

(36 b) To ensure an effective enforcement of the ban on the export of plastic waste outside of the Union and EFTA Member States, it is necessary to do more regular monitoring and inspection at checkpoints in order to prevent an ill-intentioned shipper from circumventing regulatory procedures when shipping plastic waste, using HS code 3920, which designates a product as plastic sheeting instead of plastic waste (HS code 3915).

Amendment 131 #

Pascal CANFIN

Proposal for a regulation
Recital 37 a (new)

(37 a) It is necessary to ensure that the shipment of waste of certain products that are necessary to building strong value chains essential to achieve the Green Deal are facilitated within the European single market and that exports outside the Union of those products are particularly monitored by the Commission. Strengthening key value chains will accelerate the development of our resilience and ensure strategic autonomy. The scope of relevant products should be aligned with the Raw Material Act presented by the Commission, as it is pertinent for battery recycling, in particular for the black mass obtained either once a battery has been processed for recycling or during the related industrial process.

Amendment 132 #

Proposal for a regulation
Recital 38

(38) Countries to which the OECD decision applies are subject to the rules and recommendations laid down by the OECD on the shipment and management of waste, and have generally higher standards for the management of waste than countries to which the OECD decision does not apply. It is however important that the export from the Union of non-hazardous waste for recovery does not create damages to environment and public health in countries to which the OECD decision applies. It is therefore necessary to establish a mechanism to monitor shipments of non- hazardous waste to such countries. In cases where ~~the export of non-hazardous waste from the Union to the country concerned has considerably increased within a short period of time and~~ there is a lack of information available demonstrating the ability of the country concerned to recover this waste in an environmentally sound manner, as well as information about negative impacts of the management of domestic waste in the country concerned, the Commission should enter into a dialogue with the country concerned and, if the information is not sufficient to prove that the waste is recovered in an environmentally sound manner, be empowered to suspend such exports.

Amendment 133 #

Proposal for a regulation
Recital 49 a (new)

(49 a) The framework of this legislation shall support reporting by whistleblowers of breaches of Union law, in order to promote detection and prevention, reduction or elimination of risks to public health or to the environment in the waste management sector.

Amendment 134 #

Proposal for a regulation
Recital 50

(50) Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. The Commission should produce a report every ~~four~~three years on the implementation of this Regulation, based on the information provided by the Member States as well as on other information, gathered in particular through ad hoc reports by the Commission and the European Environment Agency on the shipments of plastic waste and other specific waste streams that are a source of concern.

Amendment 135 #

Proposal for a regulation
Recital 55

(55) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt measures on a harmonised method for calculating the financial guarantee or equivalent insurance, to clarify the classification of waste under this Regulation (including the establishment of contamination level threshold for certain waste) and to clarify for certain types of commodities the distinction between used goods and waste when shipped transboundary. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council53 a simple, risk-based and harmonised method for calculating the financial guarantee or equivalent insurance of the requirements for interoperability between central and national systems, and of a correlation table between the codes of the combined nomenclature and the entries of waste, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council53. If the Commission determines that a harmonised calculation method is appropriate, it should consider how the central system can be utilised to enable innovative methods for determining financial guarantees. _________________ 53 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Amendment 136 #

Proposal for a regulation
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 137 #

Proposal for a regulation
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, including in third countries. 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. It seeks to contribute to achieving a circular economy, climate neutrality and zero pollution for a toxic-free environment by applying the principles of proximity and self-sufficiency.

Amendment 138 #

Proposal for a regulation
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, taking into account the transition to a circular economy, following the proximity principle and reducing the impact that Union waste has on third countries. 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 139 #

Proposal for a regulation
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 and the treatment of waste at its destination. 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 140 #

Proposal for a regulation
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 and enhancing circular economy. 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 141 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 1 – paragraph 1

This Regulation lays down measures to protect the environment and human health and enhancing circular economy 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 142 #

Maria SPYRAKI

Proposal for a regulation
Article 1 – paragraph 1

Amendment 143 #

Proposal for a regulation
Article 1 – paragraph 1

Amendment 144 #

Linea SØGAARD-LIDELL, Nils TORVALDS, Frédérique RIES, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
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 145 #

Proposal for a regulation
Article 2 – paragraph 1 – point d

(d) shipments of waste in transit through the Union, on the way ~~to or from~~from and to third countries.

Amendment 146 #

Linea SØGAARD-LIDELL, Frédérique RIES, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 2 – paragraph 5 a (new)

5a. The Commission shall present, no later than three months from entry into force of this Regulation, a delegated act laying down common criteria and assumptions, common nomenclature codes, criteria for distinguishing between used goods and waste, common thresholds for classifying hazardousness according to physical and chemical characteristics, percentages of the weight of the transported load establishing common thresholds for differentiating between hazard codes and other waste classification or characterisation systems, as well as common criteria for the classification of hazardous waste.

Amendment 147 #

Proposal for a regulation
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 148 #

Proposal for a regulation
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, the climate and the environment against adverse effects which may result from such waste; or the treatment thereof in a life- cycle perspective;

Amendment 149 #

Proposal for a regulation
Article 3 – paragraph 1 – point 4

(4) ‘environmentally sound management’ means taking all ~~practicable steps~~necessary 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 150 #

Proposal for a regulation
Article 3 – paragraph 1 – point 6 – introductory part

(6) ‘~~notifier~~person who arranges for the shipment’ means:

Amendment 151 #

Proposal for a regulation
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 152 #

Proposal for a regulation
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 below:

Amendment 153 #

Proposal for a regulation
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~~or who has had a shipment of waste carried out, and who is listed below:

Amendment 154 #

Proposal for a regulation
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 155 #

Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point b – introductory part

(b) in the case of import into, or transit through, the Union of waste that does not originate in a Member State, any of the following natural or legal persons under the national jurisdiction of the country of dispatch who plans or carries out a shipment of waste ~~or intends to have,~~ or who has had, a shipment of waste carried out:

Amendment 156 #

Proposal for a regulation
Article 3 – paragraph 1 – point 6 a (new)

(6 a) ‘notifier’ means any person who arranges the shipment to whom the duty to notify is assigned.

Amendment 157 #

Proposal for a regulation
Article 3 – paragraph 1 – point 24 – introductory part

(24) ‘shipment’ means the transport of waste destined for recovery or disposal ~~from the point of loading until the waste is recovered or disposed of in the country of destination~~, which is planned to take place, or takes place:

Amendment 158 #

Proposal for a regulation
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 159 #

Massimiliano SALINI, Aldo PATRICIELLO, Salvatore DE MEO, Fulvio MARTUSCIELLO

Proposal for a regulation
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 160 #

Proposal for a regulation
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 includes locations where operations such as logistics (collection, transportation, and storage), preparation (sorting, shredding), final recycling, and disposal of leftover trash from preparation and/or recycling are carried out.

Amendment 161 #

Linea SØGAARD-LIDELL, Nils TORVALDS, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 27 a (new)

27a) 'optimal waste management' shall mean the best available techniques within the Union that are compatible with the protection of the environment and human health.

Amendment 162 #

Proposal for a regulation
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 163 #

Linea SØGAARD-LIDELL, Nils TORVALDS, Martin HOJSÍK, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 27 b (new)

27b) 'Environmentally unsound waste disposal' shall mean waste disposal at a reception facility located within 2 km of a population centre or health-care, educational or recreational facility in the case of burial below the initial ground level or within 5 km in case of burial above the initial ground level. This definition can be extended to exceptional cases where a bilateral agreement has been concluded on shipments of waste for disposal.

Amendment 164 #

Proposal for a regulation
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 165 #

Martin HOJSÍK, Michal WIEZIK

Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)

(a a) Waste contaminated or containing substances listed in Annex IV to the Regulation EU 2019/1021 on Persistent Organic Pollutants if not already covered by other lists mentioned in article 4 paragraph 2.

Amendment 166 #

Proposal for a regulation
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 167 #

Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)

(b a) Waste containing or contaminated with a substance exceeding the levels in Annex IV to Regulation (EU) 2019/1021 on persistent organic pollutants;

Amendment 168 #

Proposal for a regulation
Article 4.° – paragraph 2 – point c

~~(c) mixtures of wastes, unless listed in Annex IIIA.~~deleted

Amendment 169 #

Proposal for a regulation
Article 4.° – paragraph 2 – point c a (new)

(c a) Waste that contains or is contaminated with a substance listed in Annex IV of Regulation EU2019/1021 on persistent organic pollutants if not listed elsewhere;

Amendment 170 #

Proposal for a regulation
Article 4.° – paragraph 2 a (new)

2 a. Shipments destined for recovery operations other than mechanical recycling, namely energy recovery, chemical recycling or landfill, will be subject to an additional obligation to publish publicly available evidence, which will then be open for consultation at European level for at least four calendar weeks, demonstrating why such waste could not undergo further pre-treatment or sorting to make mechanical recycling a viable treatment option (i.e. a justification setting out implementation of the EU waste hierarchy).

Amendment 171 #

Proposal for a regulation
Article 4.° – paragraph 2 b (new)

2b. Shipments destined for recovery operations other than mechanical recycling which are of the same nature as shipments for which a consultation procedure has already been carried out and have been authorised shall require no consultation procedure or authorisation for a period of three years following the issuance of the initial authorisation.

Amendment 172 #

Proposal for a regulation
Article 4 – paragraph 3 – introductory part

3. Shipments of the following wastes destined for recovery shall be subject to the general information requirements laid down in Article 18~~, if the amount of waste shipped exceeds 20 kg~~:

Amendment 173 #

Proposal for a regulation
Article 4 – paragraph 3 – point b

(b) mixtures of waste listed in Annex III, IIIA or IIIB, provided that the composition of those mixtures does not impair their environmentally sound recovery and ~~provided that such mixtures are listed in Annex IIIA~~, where appropriate, provided that the receiving facility located within the EU has demonstrated an ability to treat such mixtures of waste regardless of their contamination level.

Amendment 174 #

Proposal for a regulation
Article 4 – paragraph 3 a (new)

3a. Waste management facilities must demonstrate their ability to optimally treat waste or mixtures of waste at the level of contamination corresponding to the operations required to receive such waste.

Amendment 175 #

Proposal for a regulation
Article 4 – paragraph 3 b (new)

3b. The Commission shall present, no later than three months from entry into force of this Regulation, a delegated act laying down criteria for the verification of the best techniques for optimal waste management, identifying the state bodies competent to certify such optimal waste management capacity.

Amendment 176 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

(b) the amount of waste does not exceed 150 kg for laboratory analysis, 25 000 kg for experimental treatment trials or any higher amount agreed on a case-by- case basis by the competent authorities in the countries of dispatch and the country of destination concerned and the notifier.

Amendment 177 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

Amendment 178 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

Amendment 179 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

Amendment 180 #

Proposal for a regulation
Article 4 – paragraph 4 – point b

(b) the amount of waste does not exceed 1520 000 kg or any higher amount agreed on a case-by-case basis by the competent authorities concerned and the notifier.

Amendment 181 #

Proposal for a regulation
Article 4 – paragraph 4 a (new)

4a. A database of information from industrial facilities carrying out experimental treatment trials, universities and other relevant research institutions, including the scope of waste they operate, should be established to foster the exchange of information and experience. These research or trial operators should necessarily be distinct from the waste industry with a view to ensuring greater efficiency in achieving best practice in waste management at Union level.

Amendment 182 #

Proposal for a regulation
Article 4 – paragraph 5

5. Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties, for example refuse derived fuels, where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.

Amendment 183 #

Proposal for a regulation
Article 4 – paragraph 5

5. Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties, where such waste is destined for recovery operations. ~~Shipments of such waste destined for disposal shall be prohibited.~~

Amendment 184 #

Proposal for a regulation
Article 4 – paragraph 5

5. Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties (e.g. refuse derived fuels), where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.

Amendment 185 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. ~~Only n~~Notifiers 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 186 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

Amendment 187 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. ~~Only n~~Notifiers that have received a permit or are registered in accordance with Chapter IV of Directive 2008/98/EC, waste producers and operators of experimental treatment trials may submit a prior written notification (‘notification’).

Amendment 188 #

Proposal for a regulation
Article 5 – paragraph 1 – introductory part

1. Only notifiers that have received a permit orand are registered in accordance with Chapter IV of Directive 2008/98/EC may submit a prior written notification (‘notification’).

Amendment 189 #

Proposal for a regulation
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 190 #

Proposal for a regulation
Article 5 – paragraph 4

4. A notification shall be considered properly carried out when the ~~competent authority of dispatch is satisfied that the~~ notification document and movement document have been completed in accordance with paragraph 3.

Amendment 191 #

Proposal for a regulation
Article 5 – paragraph 8 a (new)

8a. When dealing with hazardous waste, any change in the quantity, date of shipment, the points of entry or exit or carrier shall be deemed to be a substantial change affecting the details or conditions of an authorised shipment, and the notifier must therefore inform the competent authorities concerned and the recipient immediately and before the shipment starts.

Amendment 192 #

Proposal for a regulation
Article 6 – paragraph 3 – introductory part

3. In order to facilitate harmonization within this area, the Commission shall by [one year after the date of entry into force of this Regulation] adopt a delegated act in accordance with Article 76 to supplement this Regulation by establishing common criteria for contracts. The contract shall include obligations:

Amendment 193 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. All shipments of waste ~~for which notification is required~~ shall be subject to the requirement of a financial guarantee or equivalent insurance, covering all the following costs:

Amendment 194 #

Proposal for a regulation
Article 7 – paragraph 1 – introductory part

1. All shipments of waste ~~for which notification is required~~ shall be subject to the requirement of a financial guarantee or equivalent insurance, covering all the following costs:

Amendment 195 #

Proposal for a regulation
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 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 196 #

Proposal for a regulation
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 is done between two facilities under the control of the same legal entity or unless 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 197 #

Linea SØGAARD-LIDELL, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
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 is done between two facilities under the control of the same legal entity or unless 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 198 #

Proposal for a regulation
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 199 #

Proposal for a regulation
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 is done between two facilities controlled by 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 200 #

Proposal for a regulation
Article 7 – paragraph 10 – introductory part

10. The Commission shall, at the latest by [OP: Please insert date of ~~two~~one years after the date of entry into force of this Regulation], assess for shipments within the Union the feasibility of establishing 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~~less financially burdensome system to replace conventional financial guarantees as established in this Article and adopt an implementing act to establish such a harmonised less financially burdensome system for financial guarantees. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Amendment 201 #

Proposal for a regulation
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 following a risk-based approach, and, if appropriate, adopt an implementing act to establish such a harmonised calculation method no later than [OJ insert three years after the date of entry into force of this Regulation]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Amendment 202 #

Linea SØGAARD-LIDELL, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
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 simple, risk-based and harmonised calculation method for determining the amount of financial guarantees or equivalent insurances and, if appropriate, by ... [ three years after the date of entry into force of this Regulation] adopt an implementing act to establish such a simple, risk-based and harmonised calculation method. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Amendment 203 #

Proposal for a regulation
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 204 #

Proposal for a regulation
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 205 #

Proposal for a regulation
Article 7 – paragraph 10 – introductory part

10. The Commission shall, at the latest by [OP: Please insert date of ~~two~~one 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, 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 206 #

Proposal for a regulation
Article 7 – paragraph 10 – subparagraph 1 a (new)

In coordination with relevant stakeholders, the Commission shall, within three years after the date of entry into force of this Regulation, establish a harmonized financially less burdensome insurance-based system to replace financial guarantees or equivalent insurances addressed by this Article. The establishment of a harmonized insurance- based system shall not preclude the possibility for Member States to work with insurance companies to develop mature insurance systems at national level.

Amendment 207 #

Proposal for a regulation
Article 8.° – paragraph 5 – introductory part

5. The notifier shall provide the information and documentation referred to in paragraph 4 within seven days after the request by the competent authority concerned. Depending on the type and level of detail of the information requested, the notifier may request an exemption from the 7-day deadline, within the 30-day limit.

Amendment 208 #

Proposal for a regulation
Article 9.° – paragraph 1 – subparagraph 1

Tacit consent by the competent authorities of dispatch and transit may be assumed if no objection is lodged within the 30-day time limit referred to in the first subparagraph. That tacit consent shall be valid for the period referred to in the written consent given by the competent authority of destination.deleted

Amendment 209 #

Proposal for a regulation
Article 9 – paragraph 2 – introductory part

2. The competent authorities of destination, and, where appropriate, dispatch and transit, shall transmit their decision and the reasons thereof to the notifier within the 30-day time limit referred to in paragraph 1. That decision shall be available to all competent authorities concerned. The competent authorities of dispatch and destination have the responsibility to complete the notification within 30 days of submission. Once this period has expired, the shipment is considered as approved and tacit approval is granted.

Amendment 210 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

Where, within 30 days after submission of the notification, the competent authority of destination has not taken a decision under paragraph 1, it shall provide the notifier with a motivated explanation upon request.deleted

Amendment 211 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

Where~~, within 30 days after submission of the notification,~~ the competent authority of destination hais not able to taken a decision under paragraph 1~~, it shall provide the notifier with a motivated explanation upon request~~ within 30 days after submission of the notification, it shall inform the notifier within those 30 days and provide the notifier with a motivated explanation unsolicited. A final decision by the competent authority must be taken within 60 days after submission of the notification.

Amendment 212 #

Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1

The competent authorities of dispatch and destination have the responsibility to complete the notification within 30 days of submission. Where, within 30 days after submission of the notification, the competent authority of destination has not taken a decision under paragraph 1, it shall provide the notifier with a motivated explanation ~~upon request~~.

Amendment 213 #

Proposal for a regulation
Article 9.° – paragraph 3

3. A written consent to a planned shipment shall expire one calendar year from the ldate~~r date~~ of authorisation by the competent authority of dispatch or destination, whichever is later, as indicated in the notification document. 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 214 #

Proposal for a regulation
Article 9 – paragraph 3

3. A written consent to a planned shipment shall expire ~~on the later date as indicated in the notification docum~~within 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 215 #

Proposal for a regulation
Article 9 – paragraph 4

4. The planned shipment may take place only after fulfilment of the requirements set out in Article 16(1), points (a) and (b), and during the period of validity of the tacit or written consent of all competent authorities concerned. A shipment shall have left the country of dispatch by the end of the period of validity of the tacit or written consents of all competent authorities concerned. A written or tacit consent may only be withdrawn for the reasons set out in paragraph 6.

Amendment 216 #

Proposal for a regulation
Article 9.° – paragraph 4

4. The planned shipment may take place only after fulfilment of the requirements set out in Article 16(1), points (a) and (b), and during the period of validity of the ~~tacit or~~ written consent of all competent authorities concerned. A shipment shall have left the country of dispatch by the end of the period of validity of the tacit or written consents of all competent authorities concerned.

Amendment 217 #

Proposal for a regulation
Article 10 – paragraph 5 a (new)

5a. Serious concerns relating to the environment or human health shall be sufficient justification for the competent authorities to decide to shorten deadlines for shipments destined for a facility with prior authorisation; the authorities may outline this in the appropriate justification.

Amendment 218 #

Proposal for a regulation
Article 11 – title

~~Prohibi~~Authorisation of shipments of waste destined for disposal

Amendment 219 #

Proposal for a regulation
Article 11 – paragraph 1 – introductory part

1. Where a notification is submitted regarding a planned shipment of waste destined for disposal in accordance with Article 5, the competent authorities of dispatch and of destination shall ~~only~~ give their ~~written~~ consent to that shipment, within the 30-day limit referred to in Article 9(1), if all the following conditions are fulfilled:

Amendment 220 #

Proposal for a regulation
Article 11 – paragraph 1 – point a – introductory part

(a) the notifier demonstrates that, based on publicly available information published by the European Commission:

Amendment 221 #

Proposal for a regulation
Article 11 – paragraph 1 – point a – introductory part

(a) the ~~notifier demonstrates that~~competent authority does not raise motivated objections based on one or more of the following grounds:

Amendment 222 #

Proposal for a regulation
Article 11.° – paragraph 1 – point a – introductory part

(a) the notifier demonstrates, on the basis of publicly available information, that:

Amendment 223 #

Proposal for a regulation
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 224 #

Proposal for a regulation
Article 11.° – paragraph 1 – point a – point i

(i) the waste cannot be recovered in a technically feasible and economically viable manner, including as a result of insufficient capacity, or must be disposed of due to legal obligations in Union or international law;

Amendment 225 #

Proposal for a regulation
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 226 #

Proposal for a regulation
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;

Amendment 227 #

Proposal for a regulation
Article 11 – paragraph 1 – point a – point i

(i) the waste can~~not~~ be recovered in a technically feasible and economically viable manner, ~~or must be disposed of due to~~unless disposal is mandated by legal obligations in Union or international law;

Amendment 228 #

Proposal for a regulation
Article 11 – paragraph 1 – point a – point ii

~~(ii) the waste cannot be disposed of in a technically feasible and economically viable manner in the country where it was genera~~deleted;

Amendment 229 #

Proposal for a regulation
Article 11.° – paragraph 1 – point a – point ii

(ii) the waste cannot be disposed of in a technically feasible and economically viable manner, including as a result of insufficient capacity, in the country where it was generated;

Amendment 230 #

Proposal for a regulation
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 231 #

Proposal for a regulation
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 232 #

Proposal for a regulation
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 233 #

Proposal for a regulation
Article 11 – paragraph 1 – point a – point iii

(iii) the planned shipment or disposal is not in accordance with the waste hierarchy and the principles of proximity and self- sufficiency at Union and national levels as laid down in Directive 2008/98/EC;

Amendment 234 #

Proposal for a regulation
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 a~~t 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)

(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 236 #

Proposal for a regulation
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 relation to environmental protection;~~ by a final criminal judgment of intentional illegal shipment or any other illegal act that caused serious harm to the environment or human health and the penalty has not yet been discharged;

Amendment 237 #

Proposal for a regulation
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, including in relation to environmental or human- health protection;

Amendment 238 #

Proposal for a regulation
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 relation to environmental, human health or worker protection;

Amendment 239 #

Proposal for a regulation
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 ~~relation~~cluding to environmental, human health protection;

Amendment 240 #

Proposal for a regulation
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 protection~~the protection of health and the environment;

Amendment 241 #

Proposal for a regulation
Article 11 – paragraph 1 – point f

~~(f) the waste is not mixed municipal waste (waste code 20 03 01 or 20 03 99) col~~delected ~~from private households, from other waste producers or both, or mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties.~~

Amendment 242 #

Proposal for a regulation
Article 11.° – paragraph 3

3. Where the competent authorities concerned have not authorised a planned shipment of waste destined for disposal within the 30-day time limit referred to in Article 9(1), the notification of that shipment shall cease to be valid and the shipment shall be prohibited in accordance with Article 4(1) and shall provide the notifier with a reasoned explanation based only on the grounds set out in paragraph 1. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.

Amendment 243 #

Linea SØGAARD-LIDELL, Nils TORVALDS, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 11 – paragraph 4 a (new)

4 a. In accordance with Article 30, Member States may enter into agreements under which, where the specific geographical or demographical situation warrants such a step and for shipments of specific waste streams destined for disposal, the conditions provided for in paragraph 1, points (a) to (f), of this Article may be made less stringent in respect of cross-border shipments to the nearest suitable facility for disposal, in accordance with Directive 2008/98/EC and the environmentally sound management of waste.

Amendment 244 #

Proposal for a regulation
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 245 #

Proposal for a regulation
Article 12 – paragraph 1 – point a

(a) the planned shipment or recovery would not be in accordance with article 4 of the Directive 2008/98/EC;

Amendment 246 #

Proposal for a regulation
Article 12 – paragraph 1 – point d – point ii

(ii) the recovery operation in the country of destination takes place under conditions that are ~~broadly~~considered equivalent to those prescribed in the national legislation of the country of dispatch;

Amendment 247 #

Proposal for a regulation
Article 12 – paragraph 1 – point d – point ii

(ii) the recovery operation in the country of destination takes place under conditions that are ~~broadly~~ equivalent to those prescribed in the national legislation of the country of dispatch;

Amendment 248 #

Proposal for a regulation
Article 12.° – paragraph 1 – point d – point ii

(ii) the recovery operation in the country of destination takes place under conditions that are ~~broadly~~ equivalent to those prescribed in the national legislation of the country of dispatch;

Amendment 249 #

Proposal for a regulation
Article 12 – paragraph 1 – point e

(e) limiting incoming shipments of waste destined for recovery operations ~~other than recycling and preparing for re- use~~ is necessary for a Member State in order to protect its waste management network, where ~~it is established~~there are reasonable grounds to assume that such shipments wcould result in domestic waste having to be disposed of or treated in a way that is not consistent with their waste management plans;

Amendment 250 #

Proposal for a regulation
Article 12.° – paragraph 1 – point f

(f) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act, including in relation to environmental or human- health protection.;

Amendment 251 #

Proposal for a regulation
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, human health or worker protection.

Amendment 252 #

Proposal for a regulation
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~~cluding to environmental, human health or worker protection.

Amendment 253 #

Proposal for a regulation
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 protection~~the protection of health and the environment.

Amendment 254 #

Proposal for a regulation
Article 12 – paragraph 6 a (new)

6 a. No objection to a planned shipment should be to the detriment of ‘environmentally sound management’, namely the shipments of waste to facilities which enable the transition to a circular economy and climate neutrality.

Amendment 255 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) the routing of the different shipments~~, in particular the points of exit from and entry into each country concerned,~~ as indicated in the notification document ~~is the same~~.

Amendment 256 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) the routing of the different shipments~~, in particular the points of exit from and entry into each country concerned,~~ as indicated in the notification document is the same.

Amendment 257 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) the routing of the different shipments, in particular the up to three cited points of exit from and entry into each country concerned, as indicated in the notification document is the same.

Amendment 258 #

Proposal for a regulation
Article 13 – paragraph 1 – point c

(c) the routing of the different shipments, in particular the up to three points of exit from and entry into each country concerned, as indicated in the notification document is the same.

Amendment 259 #

Linea SØGAARD-LIDELL, Martin HOJSÍK, Frédérique RIES, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 14 – paragraph 2 – point c

(c) a description of technologies employed, including R-code(s), for the recovery operation for which the pre- consent is requested as well as technologies applied for greenhouse gases (GHG) savings, energy generation, raw material recovery, efficient resource use and other relevant technologies;

Amendment 260 #

Proposal for a regulation
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 261 #

Proposal for a regulation
Article 14 – paragraph 2 – point e a (new)

(e a) the quantity of residual waste generated through the recovery operation and the subsequent waste management thereof,

Amendment 262 #

Proposal for a regulation
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 263 #

Proposal for a regulation
Article 14 – paragraph 2 – point g

Amendment 264 #

Proposal for a regulation
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 265 #

Proposal for a regulation
Article 14 – paragraph 2 a (new)

2 a. An independently audited annual mass balances of the pre-consented recovery facility is submitted on an annual basis to the competent authority.

Amendment 266 #

Proposal for a regulation
Article 14 – paragraph 7

Amendment 267 #

Proposal for a regulation
Article 14 – paragraph 7

7. By way of derogation from paragraph 6, the competent authority may refuse to approve the request for pre- consent when they are not satisfied that issuing the pre-consent will ensure a high quality treatment of the waste concerned. Such refusal to approve the request for pre-consent needs unsolicited explanation since all facilities operating in the Union are approved under relevant Union legislation and therefore must meet the requirements for high-quality treatment per se.

Amendment 268 #

Linea SØGAARD-LIDELL, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
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, with at least one audit conducted by the competent authorities during the period of validity to verify compliance with the latest regulatory requirements, in particular restrictions on hazardous substances and alignment with the best available techniques conclusions adopted for certain activities under the arrangements laid down in Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions, and on the condition that mass balances audited annually by an organisation independent of the pre- authorised recovery facility shall be submitted annually to the competent authorities.

Amendment 269 #

Proposal for a regulation
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 270 #

Proposal for a regulation
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 surveillance authorities during the validity period in order to verify compliance with the latest regulatory requirements, notably on restriction of substances of concern and alignment with the Best Available Techniques conclusions adopted for certain activities under the regime of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions.

Amendment 271 #

Proposal for a regulation
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 ~~sev~~ten years.

Amendment 272 #

Proposal for a regulation
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 sefiven years.

Amendment 273 #

Proposal for a regulation
Article 14 – paragraph 9 a (new)

9 a. 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 on the condition that independently audited annual mass balances of the pre- consented recovery facility are submitted on an annual basis to the competent authority.

Amendment 274 #

Proposal for a regulation
Article 14 – paragraph 9 a (new)

9 a. Any pre-consented facility shall be subject to an audit at least once during the validity of pre-consent by an independent and accredited third party with appropriate qualifications.

Amendment 275 #

César LUENA, Javi LÓPEZ, Nicolás GONZÁLEZ CASARES, Estrella DURÁ FERRANDIS

Proposal for a regulation
Article 14 – paragraph 10

10. A pre-consent of a recovery facility may be revoked at any time by the competent authority. A decision to revoke a pre-consent shall be duly motivated and communicated to the facility concerned. A pre-consent of a recovery facility may be revoked by the competent authority after prior consultation with the person concerned (operator of the recovery facility) if: a) The information that led to a pre- consent is subsequently found to be incorrect or has changed; b) The facility has violated the conditions for prior consent set out in Article 14(6); c) The facility has been convicted of illegal activities; d) The facility poses a serious risk to the environment and human health for other reasons. The operator has 30 days to object to the revocation.

Amendment 276 #

Proposal for a regulation
Article 14 – paragraph 10

10. A pre-consent of a recovery facility may be revoked at any time by the competent authority. Prior consultation with the person concerned (operator of the recovery facility) is needed if: a) The information that led to a pre- consent is subsequently found to be incorrect or has changed; b) The facility has violated the conditions for prior consent set out in Article 14(6); c) The facility has been convicted of illegal activities; d) The facility poses a serious risk to the environment and human health for other reasons. A decision to revoke a pre-consent shall be duly motivated and communicated to the facility concerned.

Amendment 277 #

Proposal for a regulation
Article 14 – paragraph 12

12. In the case of a general notification submitted in accordance with Article 13 relating to shipments destined to a pre- consented facility, the period of validity of the consent referred to in Article 9(3) and (4) shall be extended to ~~three~~seven years. By way of derogation from this rule, the competent authorities concerned may decide to shorten that period in duly justified cases.

Amendment 278 #

Proposal for a regulation
Article 15 – paragraph 3

3. Within ~~one~~7 days and up to 30 days of the receipt of the waste by the facility which carries out the interim recovery operation or interim disposal operation, that facility shall provide confirmation to the notifier that the waste has been received. This confirmation shall be supplied on, or annexed to, the movement document.

Amendment 279 #

Proposal for a regulation
Article 15.° – paragraph 7 a (new)

7a. the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act, including in relation to environmental or human-health protection;

Amendment 280 #

Proposal for a regulation
Article 15 – paragraph 7 a (new)

7 a. the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act including to environmental protection or human health;

Amendment 281 #

Proposal for a regulation
Article 16 – paragraph 3

3. The facility shall, within onthree days of receipt of the waste, provide confirmation to the notifier and the relevant authorities that the waste has been received.

Amendment 282 #

Proposal for a regulation
Article 16.° – paragraph 5

5. The certificate referred to in paragraph 4, shall be submitted to the notifier and the relevant authorities~~, either~~ by the facility carrying out the operation~~, or, in case it has no access to a system as referred to in Article 26, via the notifier~~.

Amendment 283 #

Proposal for a regulation
Article 17.° – paragraph 1

1. If any essential change is made to the details and/or conditions of the consented shipment, the notifier shall inform, the competent authorities concerned and the consignee immediately and, where possible, before the shipment starts. Changes in the intended quantity, route, routing, date of shipment or carrier shall constitute essential changes. If non- essential changes, such as a change of carrier, are made the notifier must immediately inform the competent authorities without the need for explicit approval and, in addition, submit a new notification.

Amendment 284 #

Proposal for a regulation
Article 17 – paragraph 1

Amendment 285 #

Proposal for a regulation
Article 18 – paragraph 1

1. Waste referred to in Article 4(3) and (4) that is intended to be ~~shipped~~exported out of the Union shall be subject to the general information requirements set out in paragraphs 2 to 7 of this Article. For shipments within the Union, paragraphs 3 and 7 – 11 apply accordingly.

Amendment 286 #

Proposal for a regulation
Article 18 – paragraph 2

2. The person under the national jurisdiction of the country of dispatch who arranges the shipment shall complete and submit the relevant information contained in Annex VII, ~~no later than one day~~ before the shipment takes place.

Amendment 287 #

Proposal for a regulation
Article 18 – paragraph 2

2. The person under the national jurisdiction of the country of dispatch who arranges the shipment shall complete and submit the relevant information contained in Annex VII, no later than onthe day ~~before the shipment takes place~~of shipment.

Amendment 288 #

Proposal for a regulation
Article 18 – paragraph 2

Amendment 289 #

Proposal for a regulation
Article 18 – paragraph 3

3. The person referred to in paragraph 2 shall ensure that the information referred to in that paragraph is made electronically available, including during the time of the transport, to the relevant authorities. Sentence one shall not apply in the case of waste shipments of green listed waste in the Union according to Annex III.

Amendment 290 #

Proposal for a regulation
Article 18 – paragraph 3

Amendment 291 #

Proposal for a regulation
Article 18 – paragraph 4

4. The recovery facility or the laboratory and the consignee or, in case they have no access to a system referred to in Article 26, the person referred to in paragraph 2 shall, within onthree days of receipt of the waste, provide confirmation to the notifier and the relevant authorities that the waste has been received by completing the relevant information contained in Annex VII.

Amendment 292 #

Proposal for a regulation
Article 18 – paragraph 4

Amendment 293 #

Proposal for a regulation
Article 18 – paragraph 4

Amendment 294 #

Proposal for a regulation
Article 18 – paragraph 5

5. The recovery facility shall, as soon as possible and no later than 30 days after completion of the recovery operation, and no later than one calendar year after receipt of the waste, certify, under its responsibility, that the recovery has been completed by completing the relevant information contained in Annex VII. Where recovery is delayed due to reasons outside the control of the recovery facility, completion of interim recovery shall be certified.

Amendment 295 #

Proposal for a regulation
Article 18 – paragraph 5

5. The recovery facility shall, as soon as possible and no later than 30 days after completion of the recovery operation, and no later than one calendar year after receipt of the waste, certify, under its responsibility, that the recovery or, in case of unintentional delay, an interim recovery has been completed by completing the relevant information contained in Annex VII.

Amendment 296 #

Proposal for a regulation
Article 18 – paragraph 5

5. The recovery facility shall, as soon as possible and no later than 30 days after completion of the recovery operation or, in case of unintended delay, an interim recovery operation, and no later than one calendar year after receipt of the waste, certify, under its responsibility, that the recovery has been completed by completing the relevant information contained in Annex VII.

Amendment 297 #

Proposal for a regulation
Article 20 – paragraph 1

1. The competent authorities, the notifier, the consignee and the facility which receives the waste shall keep all documents sent to or by the competent authorities in relation to a notified shipment in the Union for at least f~~ive~~our years from the date when the shipment starts. In the case of general notifications in accordance with Article 13, that obligation shall apply from the date when the last shipment starts.

Amendment 298 #

Proposal for a regulation
Article 21 – paragraph 1

The competent authorities of dispatch or destination shall make publicly available by appropriate means 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. The minimum information that shall be made publicly available are the name of the waste producer, the name of the notifier if different from the waste producer, the name of the consignee, the name of the facility of final destination, the type of waste designated by its code, the total quantity of waste intended to be shipped, the treatment operation the waste will undergo and whether the notification has been consented to or not. The Commission shall grant access for the public to such information in the central system referred to in Article 26. Member States that operate their own national system shall grant access for the public to such information in their national system referred to in Article 26(3). Access shall be given in real time and free of charge.

Amendment 299 #

Proposal for a regulation
Article 21 – paragraph 1

The competent authorities of dispatch or destination shall make publicly available ~~by appropriate means~~on the internet and free of charge, preferably with standardised and streamlined online reporting process, 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. The establishment of a harmonised electronic system for shipments subject to Prior Informed Consent (PIC) and General Information Requirement (GIR) procedures will avoid the burden of paper-based documentation. Such a system should build upon the recent proposal for a Union Single Window Environment for Customs amending Regulation (EU) No 952/2013.

Amendment 300 #

Proposal for a regulation
Article 21 – paragraph 1

Amendment 301 #

Proposal for a regulation
Article 21 – paragraph 1

Amendment 302 #

Proposal for a regulation
Article 21.° – paragraph 1

The competent authorities of dispatch orand destination shall make publicly available, by the appropriate means that must be available free of charge on the Internet, 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 303 #

Linea SØGAARD-LIDELL, Martin HOJSÍK, Frédérique RIES, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 21 – paragraph 1

TNot more than 30 days after a consent, the competent authorities of dispatch orand destination shall make publicly available by online publication, as well as any other appropriate means, 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 304 #

Proposal for a regulation
Article 21 – paragraph 1

TNot more than 30 working days after a consent, the competent authorities of dispatch orand destination shall make publicly a~~vailable by appropriate means~~ccessible the 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 305 #

Proposal for a regulation
Article 21 – paragraph 1

The competent authorities of dispatch orand destination shall make publicly available ~~by appropriate means~~through 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 306 #

Proposal for a regulation
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 307 #

Proposal for a regulation
Article 21 – paragraph 1 a (new)

Personal data identifying the authorities and staff working for the public authorities responsible for processing waste shipment and management procedures shall not be considered protected personal data for the purposes of this Regulation.

Amendment 308 #

Proposal for a regulation
Article 21 – paragraph 1 b (new)

The electronic information systems used for the exchange of information and data on individual waste shipments within the Union between competent authorities and economic operators shall, for data which are not expressly business secrets, be accessible for consultation by the public by means of searchable tables, in the interests of active transparency and responsible citizen participation with a view to fostering more efficient public administration.

Amendment 309 #

Proposal for a regulation
Article 22 – paragraph 3 – introductory part

3. The take-back obligation set out in paragraph 2 shall not apply if the competent authorities of dispatch, transit and destination involved are satisfied that the waste can be recovered or disposed of in an alternative way in the country of destination or elsewhere by the notifier or, if that is not possible, by the competent authority of dispatch or by a natural or legal person on its behalf. , and providing evidence is produced and made publicly available in the country of dispatch, in the country of destination, in the country of transit and in the potential new country of transit and destination that the recovery or disposal of the waste will not lead to increased risks on human health and the environment. The take-back obligation set out in paragraph 2 shall not apply if the waste shipped has, in the course of the operation at the facility concerned, been irreversibly mixed with other waste before a competent authority concerned has become aware of the fact that the notified shipment cannot be completed as referred to in paragraph 1. Such mixture shall be recovered or disposed of in an alternative way in accordance with the first subparagraph of this paragraph.

Amendment 310 #

Proposal for a regulation
Article 22.° – paragraph 3 – introductory part

Amendment 311 #

Proposal for a regulation
Article 26.° – paragraph 2 – subparagraph 3 a (new)

The information stored in the central system shall be made public, provided that such information is not confidential under national or Union legislation, in particular the type of recovery operations carried out for each shipment of waste requiring a notification procedure or a simple general information procedure and the respective rate of waste material recycling to energy recovery operations.

Amendment 312 #

Linea SØGAARD-LIDELL, Martin HOJSÍK, Frédérique RIES, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 26 – paragraph 2 a (new)

2 a. Information stored on the central system shall be made publicly available, whenever such information is not confidential under national or Union legislation, in particular the type of recovery operations undertaken for each waste shipment requiring a notification procedure or a simple general information procedure and the related rate of material recycling operations versus energy recovery operations.

Amendment 313 #

Proposal for a regulation
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 314 #

Proposal for a regulation
Article 26 – paragraph 4 a (new)

Amendment 315 #

Proposal for a regulation
Article 26 – paragraph 4 a (new)

4 a. From the entry into force of this Regulation until the implementation of the central system or relevant national systems, competent authorities shall accept electronic documentation, such as digitally signed documents or scans of signed documents in PDF format, as a transitional measure.

Amendment 316 #

Linea SØGAARD-LIDELL, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
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 317 #

Proposal for a regulation
Article 27 – paragraph 1

Amendment 318 #

Linea SØGAARD-LIDELL, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 27 – paragraph 1

Amendment 319 #

Proposal for a regulation
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 320 #

Proposal for a regulation
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 requestAny information provided should be machine translated by the centralized database system established in Article 26 of this Regulation.

Amendment 321 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2

If the competent authorities of dispatch and of destination cannot agree on the classification as regards the distinction between waste and non-waste, the object or substance shall be treated as if it were waste for the purpose of the shipment. However, in the absence of harmonized end-of-waste criteria under Union legislation, where objects or substances meet national end-of-waste criteria in the country of dispatch or of destination in accordance with Article 6(3) of Directive 2008/98/EC, or meet the criteria on a case-by-case basis in the country of dispatch or of destination in accordance with Article 6(4) of Directive 2008/98/EC, the classification as end-of-waste shall prevail. This classification shall also prevail for authorities in the country of transit. This shall be without prejudice to the right of the country of destination to deal with the shipped material in accordance with its national legislation, following arrival of the shipped material and where such legislation is in accordance with Union or international law.

Amendment 322 #

Massimiliano SALINI, Aldo PATRICIELLO, Salvatore DE MEO, Fulvio MARTUSCIELLO

If the competent authorities of dispatch and of destination cannot agree on the classification as regards the distinction between waste and non-waste, the object or substance shall be treated as if it were waste for the purpose of the shipment. This shall be without prejudice to the right of the country of destination to deal with the shipped material in accordance with its national legislation, following arrival of the shipped material and where such legislation is in accordance with Union or international law. 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 323 #

Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2

If the competent authorities of dispatch and of destination cannot agree on the classification as regards the distinction between waste and non-waste, the object or substance shall be treated as if it were waste for the purpose of the shipment. This shall be without prejudice to the right of the country of destination to deal with the shipped material in accordance with its national legislation, following arrival of the shipped material and where such legislation is in accordance with Union or international law. When the distinction between waste and non-waste creates a danger of circumvention of Article 56 criteria, the object or substance must be classified as waste for the purposes of transportation, and must be subject to the audit requirement under Article 43.

Amendment 324 #

Proposal for a regulation
Article 28 – paragraph 4 – introductory part

4. In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission ~~is empowered to~~shall adopt delegated acts in accordance with Article 76, not later than two years after entry into force of this Regulation, to supplement this Regulation by establishing criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV and the thresholds for characterising physical and chemical characteristics as being essentially similar. Contamination thresholds shall be based on weight of the transported load.

Amendment 325 #

Proposal for a regulation
Article 28 – paragraph 4 – introductory part

4. In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV. The adoption of new delegated acts establishing contamination thresholds shall only serve to strengthen, not weaken, previous or current guidelines or delegated acts.

Amendment 326 #

Proposal for a regulation
Article 28 – paragraph 4 – introductory part

4. In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission ~~is empowered to~~shall adopt delegated acts in accordance with Article 76 to supplement or amend this Regulation by establishing or strenghtening criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV.

Amendment 327 #

Proposal for a regulation
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 328 #

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1

The Commission ~~is also empowered t~~shall also adopt delegated acts in accordance with Article 76, not later than two years after entry into force of this Regulation, 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. The criteria provided for in those delegated acts and those provided for in Directive 2008/98/EC and other relevant Union legislation shall be uniform.

Amendment 329 #

Linea SØGAARD-LIDELL, Nils TORVALDS, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
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 330 #

Proposal for a regulation
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 331 #

Proposal for a regulation
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 financial obligations under extended producer responsibility are applied 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 332 #

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1 a (new)

In this regard, the Commission should assess how these criteria may support solutions for companies to take back products, which may be considered as used goods or waste, for the purpose of inter alia recycling, repairing, or gathering knowledge about use of the product.

Amendment 333 #

Linea SØGAARD-LIDELL, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1 b (new)

The delegated acts referred to in the second subparagraph shall be updated regularly to ensure that criteria and classifications take into account inter alia new technologies for waste processing, under the condition that these technologies contribute to the environmentally sound management of waste.

Amendment 334 #

Proposal for a regulation
Article 30 – paragraph 1

~~1. In exceptional cases, and where 1.~~ Where the specific geographical or demographical situation warrants such a step, Member States may conclude bmultilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two Member States concerned. Multilateral agreements may also be concluded for shipments of waste destined for disposal pursuant to Article 11, if the geographical and demographical situation warrants such a step. Multilateral agreements shall demonstrate that the waste is treated in accordance with the waste hierarchy and the principles of proximity and self sufficiency at Union and national levels, as laid down in Directive 2008/98/EC; that the waste is treated in accordance with environmental protection standards, in accordance with Union legislation; that, if the facility is covered by Directive 2010/75/EU, the best available techniques as defined in Article 3(10) of that Directive are applied in compliance with the permit for the facility; and that the agreements do not lead to a significant harmful fragmentation of the Union market for shipments of waste.

Amendment 335 #

Proposal for a regulation
Article 30 – paragraph 1

1. ~~In exceptional cases, and where the specific geographical or demographical situation warrants such a step,~~ Member States may conclude bilateral or multilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to ~~the nearest~~a suitable facility located in the border area between the two or more Member States concerned.

Amendment 336 #

Proposal for a regulation
Article 30 – paragraph 1

1. In exceptional cases, and where the specific geographical or demographical situation warrants such a step, Member States may conclude bilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two Member States concerned. if it establishes and is able to provide records of its waste management and waste shipment activities for the last five years, or, where constructed less than five years prior to the audit, it establishes and is able to provide records of its waste management and waste shipment activities for the time operating;

Amendment 337 #

Proposal for a regulation
Article 30 – paragraph 1

1. ~~In exceptional cases, and w~~Where the specific geographical or demographical situation warrants such a step, Member States may conclude bmultilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two Member States concerned.

Amendment 338 #

Proposal for a regulation
Article 30 – paragraph 1 a (new)

1 a. Multilateral agreements may also be concluded for shipments of waste destined for disposal pursuant to Article 11, if the geographical and demographical situation warrants such a step. Multilateral agreements shall demonstrate that the waste is treated in accordance with the waste hierarchy and the principles of proximity and self- sufficiency at Union and national levels, as laid down in Directive 2008/98/EC; that the waste is treated in accordance with environmental protection standards, in accordance with Union legislation; that, if the facility is covered by Directive2010/75/EU, the best available techniques as defined in Article 3(10) of that Directive are applied in compliance with the permit for the facility; and that the agreements do not lead to a significant harmful fragmentation of the Union market for shipments of waste.

Amendment 339 #

Proposal for a regulation
Article 30 – paragraph 2

2. The ~~bilateral~~ agreements referred to in paragraph 1 may also be concluded where waste is shipped from and treated in the country of dispatch but transits another Member State.

Amendment 340 #

Proposal for a regulation
Article 30 – paragraph 3

3. Member States may also conclude ~~bilateral~~ agreements referred to in paragraph 1 with countries that are parties to the Agreement on the European Economic Area.

Amendment 341 #

Proposal for a regulation
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 342 #

Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)

(b a) Waste containing or contaminated with a substance exceeding the concentration levels provided for in Annex IV to Regulation (EU) 2019/1021 on persistent organic pollutants;

Amendment 343 #

Proposal for a regulation
Article 36 – paragraph 1 – point g

(g) wastes the import of which has been prohibited by the country of destination, including by virtue of being party to a regional agreement;

Amendment 344 #

Proposal for a regulation
Title IV – Chapter 2 – Section 2 – title

2 Exports of non-hazardous waste ~~to countries to which the OECD Decision does not apply~~outside of the Union and EFTA Member States

Amendment 345 #

Proposal for a regulation
Title IV – Chapter 2 – Section 2 – title

2 Exports of non-hazardous waste ~~to countries to which the OECD Decision does not apply~~outside of the Union and EFTA countries

Amendment 346 #

Proposal for a regulation
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 apply~~outside of the Union and EFTA Member States are prohibited:

Amendment 347 #

Proposal for a regulation
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 apply~~outside of the Union and EFTA countries are prohibited:

Amendment 348 #

Proposal for a regulation
Article 37 – paragraph 1 – point a

(a) waste listed under entries B1090 (batteries), B1110 (electrical and electronic assemblies), B1250 (end-of-life motor vehicles), and B3140 (pneumatic tyres) in Annex III, Annex IIIA or Annex IIIB;

Amendment 349 #

Proposal for a regulation
Article 37 – paragraph 2 – introductory part

2. Paragraph 1 shall not apply to exports of ~~wast~~: (a) waste listed under paragraph 1 of this Article under the condition that the waste has been pre-processed in such a way that it meets quality standards established by the Commission by delegated act in accordance with Article 76 after consultation with the economic operators concerned; or (b) waste mentioned under paragraph 1 of this Article destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list.

Amendment 350 #

Maria SPYRAKI

Proposal for a regulation
Article 37 – paragraph 2 – introductory part

2. Paragraph 1 shall not apply to exports of waste, listed under paragraph 1 of this Article that has been obtained from recovery operations consisting of mechanical treatment and that meets quality specifications set by the industry or by relevant European standards, destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list.

Amendment 351 #

Proposal for a regulation
Article 37 – paragraph 2 – introductory part

2. Paragraph 1 shall not apply to exports of waste destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list. Paragraph 1 shall not apply to exports of the following plastic waste from the Union (excluding EFTA Member States): - Basel entry B3011 - Basel entry Y48

Amendment 352 #

Proposal for a regulation
Article 37 – paragraph 2 – introductory part

2. Paragraph 1 shall not apply to exports of waste destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list. Exports of plastic waste shall not qualify for Article 38.

Amendment 353 #

Proposal for a regulation
Article 37 – paragraph 2 – introductory part

2. Paragraph 1 shall not apply to exports of waste destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list. Exports of plastic waste shall not qualify for Article 38.

Amendment 354 #

Proposal for a regulation
Article 37 – paragraph 2 – subparagraph 1

Such export may only take place on the condition that the waste is destined to a facility licensed under the domestic legislation of the country concerned, to undertake recovery operations for that waste. In addition, such export shall be subject to the general information requirements laid down in Article 18 or, in case the country concerned so indicates in the request referred to in Article 39, the procedure of prior written notification and consent referred to in Article 35. Paragraph 1 shall not apply to exports of the following plastic waste from the Union (excluding EFTA countries): - Basel entry B3011 - Basel entry Y48

Amendment 355 #

Proposal for a regulation
Article 37 – paragraph 2 a (new)

2 a. Paragraph 1 shall not apply to exports of the following wastes listed in Annex IX of the Basel Convention under the condition that wastes has been obtained from recovery operations consisting of mechanical treatment such as selection, sorting, shredding, granulation, baling, volumetric reduction, including disassembly and removal of components and having the following European list waste codes 19.10.01, 19.10.02, 19.12.02, 19.12.03 or with the codes 16.02.16 and 19.12.12 in addition to the previous only for wastes mentioned in points 3 and 4, namely: (1) B1010 - Metal and metal-alloy wastes in metallic, non-dispersible form: - iron and steel scrap; - copper scrap; - nickel scrap; - aluminium scrap; - zinc scrap; - tins crap; (2) B1020 – Uncontaminated Lead scrap, including alloys (excluding lead-acid batteries); (3) B1110 - Waste Electronic assemblies consisting only of metals or alloys; (4) B1110 - Waste electrical and electronic assemblies or scrap (including printed circuit boards) [not containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode- ray tubes and other activated glass and PCB capacitors, or not contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III (note the related entry on list A, A1180)]; (5) B1115 - Waste metal cables coated or insulated with plastics (not included in list A1190, excluding those destined for Annex IV A operations or any other disposal operations involving, at any stage, uncontrolled thermal processes, such as open-burning).

Amendment 356 #

Proposal for a regulation
Article 37 – paragraph 2 a (new)

2 a. By [three years after the date of entry into force of the Regulation] the Commission shall adopt a delegated act, in accordance with Article 76 to supplement this Regulation, consisting of quality standards for treated waste destined for export under this Article. Paragraph 1 of this Article does not apply to treated waste that has been subject to recovery operations and which meets the quality standards set out in the delegated act.

Amendment 357 #

Proposal for a regulation
Article 37 a (new)

Article 37 a Metalic waste as tool for strategic autonomy and green transition Metallic waste shall be recognised as a critical material and as such it’s export shall be restricted to achieve European strategic autonomy, and in view of the green transition to limit the CO2 emission from the production of raw materials and in line with the circular economy strategy of the Union.

Amendment 358 #

Proposal for a regulation
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 t~~o which the OECD Decision does not apply~~hat 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 359 #

Proposal for a regulation
Article 38 – paragraph 1

Amendment 360 #

Proposal for a regulation
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 361 #

Proposal for a regulation
Article 38 – paragraph 3 – introductory part

Amendment 362 #

Proposal for a regulation
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 t~~o which the OECD Decision does not apply~~hat 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 363 #

Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1

Amendment 364 #

Proposal for a regulation
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 t~~o which the OECD Decision does not apply~~hat are not members of the Union or 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 365 #

Proposal for a regulation
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 t~~o which the OECD Decision does not apply~~hat 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 366 #

Proposal for a regulation
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 367 #

Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2

Amendment 368 #

Proposal for a regulation
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 369 #

Linea SØGAARD-LIDELL, Martin HOJSÍK, Frédérique RIES, Catherine CHABAUD, Asger CHRISTENSEN

Proposal for a regulation
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 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 371 #

Proposal for a regulation
Article 38 – paragraph 4 – point c a (new)

(c a) update the information referred to in paragraph 2, point (b), on the basis, inter alia, of plausible evidence received from third parties;

Amendment 372 #

Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1

The countries included in the list referred to in paragraph 1 shall in any case, on the ~~fifth~~second year after their initial inclusion, provide to the Commission an update of the information specified in the form set out in Annex VIII, together with relevant supporting evidence.

Amendment 373 #

Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1

Amendment 374 #

Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1

Amendment 375 #

Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1

The countries included in the list referred to in paragraph 1 shall in any case, ~~on the fifth~~every three years after their initial inclusion, provide to the Commission an update of the information specified in the form set out in Annex VIII, together with relevant supporting evidence.

Amendment 376 #

Proposal for a regulation
Article 39 – paragraph 1

1. Countries t~~o which the OECD Decision does not apply~~hat are not members of the Union or 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 377 #

Proposal for a regulation
Article 39 – paragraph 1

1. Countries t~~o which the OECD Decision does not apply~~hat 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 378 #

Proposal for a regulation
Article 39.° – paragraph 1

1. Countries to which the OECD Decision does not apply 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~~one of the official languages of the EU.

Amendment 379 #

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – introductory part

(a) it 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 of its domestic waste and imported waste. That strategy or plan shall include at least the following elements:

Amendment 380 #

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – point iv

(iv) an indication of the proportion of the domestic waste ~~concerned by the request~~ which is landfilled, as well as any objectives and measures to decrease that proportion in the future;

Amendment 381 #

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – point vii

(vii) ~~a strategy on how~~provisions to ensure the environmentally sound management of waste imported into its territory, including information on the possible impact of such import on the management of waste generated domestically;

Amendment 382 #

Proposal for a regulation
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 383 #

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii

Amendment 384 #

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b a (new)

(b a) it can show that the imports of the waste concerned by the request will not have any adverse effects on the management of domestic waste

Amendment 385 #

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b a (new)

(b a) the imports of the waste concerned by the request will not have any adverse effects on the management of domestic waste;

Amendment 386 #

Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point c

(c) it is a Party to the multilateral ~~environmental~~ agreements referred to in Annex VIII, and has taken the necessary measures to implement its obligations under those agreements;

Amendment 387 #

Proposal for a regulation
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 388 #

Proposal for a regulation
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 together with the information referred to in Article 38(2). 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.

Amendment 389 #

Proposal for a regulation
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 390 #

Proposal for a regulation
Article 40 – paragraph 1 a (new)

Amendment 391 #

Proposal for a regulation
Article 40 – paragraph 1 a (new)

1 a. Following the reception of requests submitted pursuant to Article 39, the Commission shall make a public consultation, giving interested third parties thirty days to submit observations on the request for inclusion in the list of countries to which exports are authorised.

Amendment 392 #

Proposal for a regulation
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 393 #

Proposal for a regulation
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 it has received plausible evidence from third parties that the requirements may not be met, 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 394 #

Proposal for a regulation
Article 40 – paragraph 3

3. Where the country making the request does not provide the additional information within the time limit referred to in paragraph 2 of this Article, or where the provided additional information is still considered to be incomplete or insufficient to demonstrate compliance with the requirements set out in Article 39, or where there is plausible evidence that the requirements may not be met, the Commission shall inform without undue delay the country making the request that it cannot be included in the list of countries to which exports are authorised and that its request will no longer be processed. In that case, the Commission shall also inform the country making the request of the reasons for that conclusion. This is without prejudice to the possibility of the country making the request to submit a new request pursuant to Article 39.

Amendment 395 #

Proposal for a regulation
Title IV – Chapter 2 – Section 3

~~[...]~~deleted

Amendment 396 #

Proposal for a regulation
Title IV – Chapter 2 – Section 3 – title

3 ~~Exports to countries to which the OECD Decision applies~~deleted

Amendment 397 #

Proposal for a regulation
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 398 #

Proposal for a regulation
Article 41 – paragraph 1

Amendment 399 #

Massimiliano SALINI, Aldo PATRICIELLO, Salvatore DE MEO, Fulvio MARTUSCIELLO

Proposal for a regulation
Article 41 – paragraph 1

Amendment 400 #

Proposal for a regulation
Article 41 – paragraph 1

Amendment 401 #

Massimiliano SALINI, Aldo PATRICIELLO, Salvatore DE MEO, Fulvio MARTUSCIELLO

Proposal for a regulation
Article 41 – paragraph 2 – point c a (new)

(c a) the export of all plastic waste shall be prohibited;

Amendment 402 #

Proposal for a regulation
Article 41 a (new)

Article 41 a Periodic monitoring mechanism 1.The Commission shall monitor the countries to which the OECD Decision applies on a regular basis to ensure that the countries in question have the ability to recover waste in an environmentally sound manner as defined in Article 56, and that the exports do not cause environmental or human health damage in the destination country. 2. As of the date of entry into force of this Regulation, the Commission will prioritize monitoring countries to whom the OECD Decision applies and to which waste exports account for at least 10% in tonnes of total waste exports to countries to which the OECD Decision applies. 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 the entirety of its area and demonstrates its capacity and preparedness to provide waste management that is environmentally sound.; b) has a waste management legislation framework in place that incorporates 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 Article56; (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 will consider requests from natural or legal entities that are supported by appropriate information and statistics demonstrating that export of waste from the Union causes environmental or human health damage 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 403 #

Proposal for a regulation
Article 41 a (new)

Article 41 a Monitoring of the OECD Decision application 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 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 404 #

Proposal for a regulation
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 405 #

Massimiliano SALINI, Aldo PATRICIELLO, Salvatore DE MEO, Fulvio MARTUSCIELLO

Proposal for a regulation
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 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 406 #

Proposal for a regulation
Article 41 b (new)

Article 41 b Establishment of a list of countries to which exports of non-hazardous waste from the Union for recovery are prohibited 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 applies and to which exports of non-hazardous waste from the Union for recovery are prohibited (“list of countries to which exports are prohibited”). 2. The list referred to in paragraph 1 shall be adopted by 18 months after the date of entry into force of this Regulation. 3. The Commission shall update the list of countries to which exports are prohibited at least every two years following its establishment.

Amendment 407 #

Proposal for a regulation
Article 41 b (new)

Article 41 b List of countries 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 applies and to which exports of non-hazardous waste from the Union for recovery are prohibited ("list of countries to which exports are prohibited"). 2. The list referred to in paragraph 1 shall be adopted by 18 months after the date of entry into force of this Regulation. 3. The Commission shall update the list of countries to which exports are prohibited at least every two years following its establishment.

Amendment 408 #

Proposal for a regulation
Article 41 b (new)

Article 41 b 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 applies and to which exports of non-hazardous waste from the Union for recovery are prohibited (“list of countries to which exports are prohibited”). 2. The list referred to in paragraph 1 shall be adopted by 18 months after the date of entry into force of this Regulation. 3. The Commission shall update the list of countries to which exports are prohibited at least every two years following its establishment.

Amendment 409 #

Proposal for a regulation
Article 41 b (new)

Article 41 b 1. The Commission is empowered to adopt a delegated actin accordance with Article 76 to supplement this Regulation by establishing a list of countries to which the OECD Decision applies and to which exports of non-hazardous waste from the Union for recovery are prohibited (“list of countries to which exports are prohibited”). 2. The list referred to in paragraph 1 shall be adopted by 18 months after the date of entry into force of this Regulation. 3. The Commission shall update the list of countries to which exports are prohibited at least every two years following its establishment.

Amendment 410 #

Proposal for a regulation
Article 42 – paragraph 1

1. The Commission shall monitor the levels of export of plastic 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 411 #

Proposal for a regulation
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~~increase 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 412 #

Proposal for a regulation
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~~increase 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 413 #

Proposal for a regulation
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 and do not have any adverse effects on the management of domestic waste in that country. 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 or have adverse effects on the management of domestic waste in that country.

Amendment 414 #

Proposal for a regulation
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 and do not have any adverse effects on the management of domestic waste in that country. 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 or have adverse effects on the management of domestic waste in that country.

Amendment 415 #

Proposal for a regulation
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 416 #