Activities of João PIMENTA LOPES related to 2021/0367(COD)
Plenary speeches (1)
Shipments of waste (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on shipments of waste and amending Regulations (EU) No 1257/2013 and (EU) No 2020/1056
Amendments (41)
Amendment 107 #
Proposal for a regulation
Recital 1 a (new)
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)
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)
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)
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)
Recital 1 e (new)
Amendment 112 #
Proposal for a regulation
Recital 1 f (new)
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 116 #
Proposal for a regulation
Recital 8
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 thanthat comply with environmental requirements and are as ambitious as those provided for by the Basel Convention.
Amendment 138 #
Proposal for a regulation
Article 1.° – paragraph 1
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 149 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘environmentally sound management’ means taking all practicable stepsnecessary steps, as practicable as possible, to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste;
Amendment 151 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6 – point a – introductory part
Article 3 – paragraph 1 – point 6 – point a – introductory part
(a) in the case of a shipment originating from a Member State, any natural or legal person under the national jurisdiction of that Member State who plans or carries out a shipment of waste and to whom the duty to notify is assigned, and who is listed and in accordance with the ranking below:
Amendment 166 #
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(a a) Waste containing or contaminated with a substance listed in Annex IV to Regulation EU2019/1021 on persistent organic pollutants if not listed elsewhere in article 4 point (2);
Amendment 168 #
Proposal for a regulation
Article 4.° – paragraph 2 – point c
Article 4.° – paragraph 2 – point c
Amendment 169 #
Proposal for a regulation
Article 4.° – paragraph 2 – point c a (new)
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)
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)
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 189 #
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2 a (new)
Article 5 – paragraph 2 – subparagraph 2 a (new)
When the notifier is one of the persons indicated in article 3 point (6)(a)(iv), the notification includes the written authorisation.
Amendment 195 #
Proposal for a regulation
Article 7.° – paragraph 6
Article 7.° – paragraph 6
6. By way of derogation from paragraph 5, where the waste shipped is destined for interim recovery operations or disposal operations and a further recovery operation or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 16(4). In that case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the 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 207 #
Proposal for a regulation
Article 8.° – paragraph 5 – introductory part
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
Article 9.° – paragraph 1 – subparagraph 1
Amendment 213 #
Proposal for a regulation
Article 9.° – paragraph 3
Article 9.° – paragraph 3
3. A written consent to a planned shipment shall expire one calendar year from the ldater 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 216 #
Proposal for a regulation
Article 9.° – paragraph 4
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 222 #
Proposal for a regulation
Article 11.° – paragraph 1 – point a – introductory part
Article 11.° – paragraph 1 – point a – introductory part
(a) the notifier demonstrates, on the basis of publicly available information, that:
Amendment 224 #
Proposal for a regulation
Article 11.° – paragraph 1 – point a – point i
Article 11.° – paragraph 1 – point a – point i
(i) the waste cannot be recovered in a technically feasible and economically viable manner, including as a result of insufficient capacity, or must be disposed of due to legal obligations in Union or international law;
Amendment 229 #
Proposal for a regulation
Article 11.° – paragraph 1 – point a – point ii
Article 11.° – paragraph 1 – point a – point ii
(ii) the waste cannot be disposed of in a technically feasible and economically viable manner, including 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
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 237 #
Proposal for a regulation
Article 11.° – paragraph 1 – point b
Article 11.° – paragraph 1 – point b
(b) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act, including in relation to environmental or human- health protection;
Amendment 242 #
Proposal for a regulation
Article 11.° – paragraph 3
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 248 #
Proposal for a regulation
Article 12.° – paragraph 1 – point d – point ii
Article 12.° – paragraph 1 – point d – point ii
(ii) the recovery operation in the country of destination takes place under conditions that are broadly equivalent to those prescribed in the national legislation of the country of dispatch;
Amendment 250 #
Proposal for a regulation
Article 12.° – paragraph 1 – point f
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 264 #
Proposal for a regulation
Article 14 – paragraph 2 – point g
Article 14 – paragraph 2 – point g
(g) evidence or attestation that the legal or natural person owning or exercising control over the facility has not been convicted of illegal shipment or any other illegal acts in relation to waste management or in relation to the protection of health and the environment.
Amendment 268 #
Proposal for a regulation
Article 14.° – paragraph 9
Article 14.° – paragraph 9
9. Unless stated otherwise in the decision to approve the request for pre- consent, the pre-consent of a recovery facility shall be valid for seven years, 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 279 #
Proposal for a regulation
Article 15.° – paragraph 7 a (new)
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 282 #
Proposal for a regulation
Article 16.° – paragraph 5
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
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 302 #
Proposal for a regulation
Article 21.° – paragraph 1
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 306 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
The minimum information on notifications the competent authorities of dispatch and destination shall make publicly accessible are, the name of the producer, the name of the notifier if different from the producer, the name of the consignee, including the name of the facility of final destination in case of interim disposal or recovery operation, the type of waste designated by its code in the European List of Waste, the total quantity of waste intended to be shipped, the treatment operation the waste will undergo and whether the notification has been consented or not.
Amendment 310 #
Proposal for a regulation
Article 22.° – paragraph 3 – introductory part
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. Evidence shall be produced and made available to the public in the country of dispatch, the country of destination, the country of transit and the potential new country of transit and destination that the recovery or disposal of the waste will not lead to increased risks for human health and the environment.
Amendment 311 #
Proposal for a regulation
Article 26.° – paragraph 2 – subparagraph 3 a (new)
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 378 #
Proposal for a regulation
Article 39.° – paragraph 1
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 languageone of the official languages of the EU.
Amendment 426 #
Proposal for a regulation
Article 42.° – paragraph 2
Article 42.° – paragraph 2
2. In cases where the export of waste from the Union to a country to which the OECD Decision applies has considerably increased within a short period of time, andor there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, the Commission shall request the competent authorities of the country concerned to provide, within 60 days, information on the conditions under which the waste in question is recovered and the ability of the country concerned to manage the waste in question. The Commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.
Amendment 439 #
Proposal for a regulation
Article 42 – paragraph 4 – subparagraph 1
Article 42 – paragraph 4 – subparagraph 1
This prohibition shallmay be lifted by the Commission, when the Commission has sufficient evidence that the waste concerned will be managed in an environmentally sound manner.