16 Amendments of Fulvio MARTUSCIELLO related to 2021/0367(COD)
Amendment 160 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 a (new)
Article 3 – paragraph 1 – point 27 a (new)
(27 a) 'facility' means the individual units involved in the relevant steps of the recovery process and the management of the waste. This 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 323 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2
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 400 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Where waste listed in Annex III, IIIA, IIIB or IV, waste not classified or mixtures of wastes not classified under one entry in either Annex III or Annex IV are exported from the Union and destined for recovery in countries to which the OECD Decision applies, with or without transit through countries to which the OECD Decision applies, the provisions of Title II shall apply mutatis mutandis, with the adaptations and additional provisions listed in paragraphs 2, 3 and 5 and subject to the periodic monitoring as referred to in Article 41a and Article 41b and the safeguard mechanism as referred to in Article 42.
Amendment 402 #
Proposal for a regulation
Article 41 a (new)
Article 41 a (new)
Amendment 406 #
Proposal for a regulation
Article 41 b (new)
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 450 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. In order to conduct the audit, the independent and qualified third party must have a high degree of technical and specialized experience in the subject of waste.It must be accredited to conduct audits in accordance with the ISO 19011 standard, with accreditation granted by anational accrediting authority designated by an EU Member State in line with Regulation (EC) No 765/2008.The independent and accredited third party must adhere to professional ethical norms, which include at the very least their honesty and neutrality, as well as their professional competence and due care. The independent and accredited third party conducting the audit must be separate from the audited entity. The natural or legal person who commissions an audit must not interfere with the audit's execution in any way that jeopardizes the independent and accredited third party's independence and impartiality.
Amendment 454 #
Proposal for a regulation
Article 43 – paragraph 2 b (new)
Article 43 – paragraph 2 b (new)
2 b. 2b. The work performed by the independent and qualified third party must follow the EN ISO 19011:2018 guidelines for quality and/or environmental management system auditing. In its audit report, the independent and accredited third party shall express an opinion on the facility's compliance with the criteria set out in Annex X, based on reasonable assurance engagement standards as established by the International Standard on Assurance Engagements (ISAE 3000 (Revised)).
Amendment 457 #
Proposal for a regulation
Article 43 – paragraph 3
Article 43 – paragraph 3
3. The audit referred to in paragraph 2 shall verify compliance of the facility concerned, respectively for each relevant individual unit, with the criteria laid down in Annex X. A legal or natural person shall not export waste to a facility which does not comply with those criteria.
Amendment 476 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 485 #
Proposal for a regulation
Article 43 – paragraph 9
Article 43 – paragraph 9
Amendment 535 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The delegation of power referred to in Articles 14(3), 28(4), 38(1), 41b(1), 42(4) and 75 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
Amendment 538 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The delegation of power referred to in Articles 14(3), 38(1), 41b(1), 42(4) and 75 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 542 #
Proposal for a regulation
Article 76 – paragraph 6
Article 76 – paragraph 6
6. A delegated act adopted pursuant to Articles 14(3), 28(4), 38(1), 41b(1), 42(4) and 75 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Amendment 572 #
Proposal for a regulation
Annex X – point 1 – introductory part
Annex X – point 1 – introductory part
1. The audit referred in Article 43(2) verifies that the facility, in the meaning of Article 3 (28), which is managing the waste in the country of destination complies with the following conditions: 1a. A separate evaluation for each relevant individual unit of a facility is required as part of the verification.
Amendment 578 #
Proposal for a regulation
Annex X – point 1 – point c – point ii
Annex X – point 1 – point c – point ii
(ii) adverse effects on the environment caused by its activities (in particular through adequate measures taken to monitor and address soil, water and air pollution, and other nuisances (odour, noise)); To this end, the facility's actual performance, including emissions levels, must be reviewed and compared to particular requirements mandated by EU legislation, as well as appropriate BAT related emission thresholds specified in the EU under Directive 2010/75/EU.
Amendment 586 #
Proposal for a regulation
Annex X – point 2 – introductory part
Annex X – point 2 – introductory part
2. Upon verifying compliance of a facility against the above criteria, the independent third party performing the audit must in particular take into account, as a point of reference and where relevantverify that all the activities carried out by the facility complies with: