70 Amendments of Milan BRGLEZ related to 2021/0367(COD)
Amendment 136 #
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. 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 158 #
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 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 172 #
Proposal for a regulation
Article 4 – paragraph 3 – introductory part
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 184 #
Proposal for a regulation
Article 4 – paragraph 5
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 193 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
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 196 #
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 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 223 #
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 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 232 #
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 and environmentally sound manner in the country where it was generated;
Amendment 239 #
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 in relationcluding to environmental, human health protection;
Amendment 252 #
Proposal for a regulation
Article 12 – paragraph 1 – point f
Article 12 – paragraph 1 – point f
(f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relationcluding to environmental, human health or worker protection.
Amendment 262 #
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 act in relation to waste management, in particular with regard to the protection of the environment, human health or worker protection.
Amendment 270 #
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. 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 273 #
Proposal for a regulation
Article 14 – paragraph 9 a (new)
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 280 #
Proposal for a regulation
Article 15 – paragraph 7 a (new)
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 305 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
The competent authorities of dispatch orand destination shall make publicly available by appropriate meansthrough 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 309 #
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. , 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 314 #
Proposal for a regulation
Article 26 – paragraph 4 a (new)
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 325 #
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
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 329 #
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
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 341 #
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
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 345 #
Proposal for a regulation
Title IV – Chapter 2 – Section 2 – title
Title IV – Chapter 2 – Section 2 – title
2 Exports of non-hazardous waste to countries to which the OECD Decision does not applyoutside of the Union and EFTA countries
Amendment 347 #
Proposal for a regulation
Article 37 – paragraph 1 – introductory part
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 applyoutside of the Union and EFTA countries are prohibited:
Amendment 352 #
Proposal for a regulation
Article 37 – paragraph 2 – introductory part
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
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 359 #
Proposal for a regulation
Article 38 – paragraph 1
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 to which the OECD Decision does not applyhat 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 363 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 1
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 to which the OECD Decision does not applyhat 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 365 #
Proposal for a regulation
Article 38 – paragraph 3 – subparagraph 2
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 to which the OECD Decision does not applyhat 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 374 #
Proposal for a regulation
Article 38 – paragraph 5 – subparagraph 1
Article 38 – paragraph 5 – subparagraph 1
The countries included in the list referred to in paragraph 1 shall in any case, on the fifthsecond 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 377 #
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. Countries to which the OECD Decision does not applyhat 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 382 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b – point iii
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 384 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point b a (new)
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 387 #
Proposal for a regulation
Article 40 – paragraph 1
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 389 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
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 392 #
Proposal for a regulation
Article 40 – paragraph 2
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 395 #
Proposal for a regulation
Title IV – Chapter 2 – Section 3
Title IV – Chapter 2 – Section 3
Amendment 413 #
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. The Commission shall monitor the levels of export of waste from the Union to countries to which the OECD Decision applies, with a view to ensuring that such exports do not lead to serious environmental or human health damages in the country of destination 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 417 #
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, and there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, or where there is evidence that there are adverse effects on the management of domestic waste in that country due to the waste imported from the Union, 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 424 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of waste from the Union toconcerns a country to which the OECD Decision applies has considerably increased within a short period of time, and there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, the Commission shall request the competent authorities of the country concerned to provide, within 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 427 #
Proposal for a regulation
Article 42 – paragraph 3 – point a
Article 42 – paragraph 3 – point a
(a) put in place and implemented an adequate legal framework for the import and management ofcurrent adequate treatment capacity for waste in general, as well as treatment capacity for the waste(s) concerned, as well as adequate measures to ensure the environmentally sound management of the residual waste generated through the recovery of the waste concerned by the request, in addition to a publicly available plan on how these capacities will develop over the course of the next 10 years;
Amendment 428 #
(b) sufficient capacity in its territory allowing the waste concerned to be managed in an environmentally sound manner, taking into consideration the increased volume of wclear and public reporting of domestic waste that is separately collected, as well as any objectives and measures to increaste importhis rated into its territory the future;
Amendment 429 #
Proposal for a regulation
Article 42 – paragraph 3 – point c
Article 42 – paragraph 3 – point c
(c) put in place an adequate strategy to address the possible negative impact of an increase in the import of the waste concerned on the collreporting on the proportion of the domestic waste concerned by the request, including waste which is landfilled, as well as any objectionves and management of the waste generated domestically;easures to decrease this rate in the future
Amendment 431 #
Proposal for a regulation
Article 42 – paragraph 3 – point d
Article 42 – paragraph 3 – point d
(d) put in place and implemented adequate enforcement measures to address possible illegal shipments or treatment of the waste concerned.separately reporting on the proportion of the domestic waste which is recycled and on the proportion of domestic waste which is recovered by other treatments, in addition to objectives and measures to increase this rate in the future;
Amendment 432 #
Proposal for a regulation
Article 42 – paragraph 3 – point d a (new)
Article 42 – paragraph 3 – point d a (new)
(d a) information on the amount of waste which is littered domestically and on measures taken to prevent and clean up litter;
Amendment 433 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3 a. Verification shall be based on the information and supporting evidence provided above by the concerned country, as well as other relevant information deemed relevant in order to determine whether the country making the request has put in place and implemented 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 verification, the EU Commission shall use, as points of reference, the relevant provisions in the legislation and guidance referred to in Annex IX and the OECD Recommendation on the Environmentally Sound Management (ESM) of Waste in addition to establishing a consultation committee consisting of relevant national experts, industry representatives for the waste concerned and representatives of NGOs and CSOs, including from the concerned country.
Amendment 437 #
Proposal for a regulation
Article 42 – paragraph 4 – introductory part
Article 42 – paragraph 4 – introductory part
4. Where, further to the request referred to in paragraph 2, the country concerned does not provide sufficient evidence as referred to in paragraph 3 that the waste is managed in an environmentally sound manner in accordance with Article 56,or that there are no negative effects on the management of domestic waste, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by prohibiting the export of the waste concerned to this country.
Amendment 447 #
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2 a. The independent and accredited third party shall have a high level of technical and specialised expertise in the field of waste in order to conduct the audit.It shall be accredited to carry out audits in accordance with ISO 19011 standard, the accreditation being obtained from a national accreditation body appointed by an EU Member State according to Regulation (EC) No 765/2008. The independent and accredited third party shall be subject to principles of professional ethics, covering at least their integrity and objectivity and their professional competence and due care. When carrying out an audit, the independent and accredited third party shall be independent of the audited entity. The natural or legal person that has commissioned an audit shall not intervene in the execution of the audit in any way which jeopardises the independence and objectivity of the independent and accredited third party.
Amendment 451 #
Proposal for a regulation
Article 43 – paragraph 2 b (new)
Article 43 – paragraph 2 b (new)
2 b. Guidelines for quality and/or environmental management systems auditing set out in the EN ISO 19011:2018 standard shall apply to the work conducted by the independent and accredited third party. The independent and accredited third party shall, in its audit report, provide an opinion, on the compliance of the facility with the criteria laid down in Annex X in accordance with reasonable assurance engagement principles, as defined under the International Standard on Assurance Engagements (ISAE 3000 (Revised)).
Amendment 458 #
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 459 #
Proposal for a regulation
Article 43 – paragraph 3 a (new)
Article 43 – paragraph 3 a (new)
3 a. When the audit commissioned by a legal or natural person concludes that the facility concerned does not comply with the criteria laid down in Annex X, the independent and accredited third party shall inform the relevant competent authorities and the Commission of the result of the audit and the reasons for the non-compliance.
Amendment 464 #
Proposal for a regulation
Article 43 – paragraph 4 – introductory part
Article 43 – paragraph 4 – introductory part
4. A natural or legal person intending to export waste shall ensure that the facility which will manage the waste in the country of destination has been subject to an audit referred to in paragraph 2 prior to exporting waste to the facility concerned and that the audit is repeated at regular intervals, following a risk-based approach, with a minimum frequency of every threewo years after the first audit.
Amendment 467 #
Proposal for a regulation
Article 43 – paragraph 5
Article 43 – paragraph 5
5. A natural or legal person that has commissioned or carried out an audit for a given facility in accordance with paragraph 2 shall ensure that such audit be made available to other natural or legal person intending to export waste to the facility in question, under fair commercial conditions. Where the audit assesses that the facility in question complies with the criteria laid down in Annex X, the name and location of the facility shall be made available to the public through a centralised publicly available register. That register shall be established and maintained up-to-date by the Commission.
Amendment 472 #
Proposal for a regulation
Article 43 – paragraph 7
Article 43 – paragraph 7
7. Natural or legal persons exporting waste outside the Union shall on a yearly basis make information on how they comply with their obligations under this Article publicly available by electronic means. and provide the Commission the audit reports carried out in accordance with paragraph 4. The Commission shall centralise and publish the audit reports on a website that is made publicly available
Amendment 475 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 483 #
Proposal for a regulation
Article 43 – paragraph 9
Article 43 – paragraph 9
Amendment 487 #
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2 a. In case it is found that natural and legal persons exporting waste from the Union do not comply with the obligations referred to in Article 43, Member States shall take all necessary measures to prohibit shipments from that natural or legal person.
Amendment 489 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste, as well as any residual waste generated through the recovery operation, will be managed in accordance with human health, social standards and environmental protection requirements that are broadly equivalent to the human health, social standards and environmental protection requirements laid down in Union legislation. When assessing such broad equivalence, full compliance with requirements stemming from Union legislation shall not be required, but it should be demonstrated that the requirements applied in the country of destination ensure a similar level of protection of human health, social standards and the environment than the requirements stemming from Union legislation. The operations linked to the management of waste shall contribute to reduce emissions into air, water and land and achieve a high-level of protection of the environment taken as a whole, and shall prevent or limit to the best extent the pollution of air, soil, surface water and groundwater as well as other negative effects on the environment, odours and noise, and direct risks to human health.
Amendment 495 #
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
Amendment 500 #
Proposal for a regulation
Article 57 – paragraph 2 a (new)
Article 57 – paragraph 2 a (new)
2 a. Member States shall carry out inspections to prevent and detect illegal shipments of waste on the basis of a Union risk-based targeting mechanism. In order to promote the harmonisation of inspections, the Commission shall adopt implementing acts to define the detailed elements of the Union risk-based targeting mechanism. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Amendment 502 #
Proposal for a regulation
Article 58 – paragraph 1
Article 58 – paragraph 1
1. Inspections of shipments shall include at least verification of documents, confirmation of the identity of the actors involved in those shipments and, where appropriate, physical checking of the waste.
Amendment 508 #
Proposal for a regulation
Article 58 – paragraph 6
Article 58 – paragraph 6
6. Where the evidence referred to in paragraph 4 or required in accordance with paragraph 5 has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment and shall be dealt with in accordance with Articles 24 and 25. The authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.
Amendment 516 #
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. The Commission shall review the inspection plans notified by the Member States in accordance with paragraph 4 and, if appropriate, draw up reports, based on the review of these plans, on the implementation of this Article. Such reports shall take into account the flows, tonnage and value of waste to third countries to identify relevant priorities. Such reports may include, inter alia, recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. Such reports may also be presented, where appropriate, in the meetings of the waste shipment enforcement group established under Article 63 and shall be submitted to the European Parliament and the European Council.
Amendment 525 #
Proposal for a regulation
Article 69 – paragraph 4 – subparagraph 2
Article 69 – paragraph 4 – subparagraph 2
The report mentioned in the first subparagraph shall be drawn up for the first time by [OP: Please insert date of the end of the fifthrst year after the date of entry into force of this Regulation] and every four years thereafter.
Amendment 536 #
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), 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 544 #
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), 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 545 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
By not later than 31 December 20350, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 69, and the review referred to in Article 59(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal.
Amendment 556 #
Proposal for a regulation
Annex IIIA – point 4 – introductory part
Annex IIIA – point 4 – introductory part
4. The following mixtures of wastesMixtures of plastic waste, consisting of polyethylene (PE), polypropylene (PP) and/or polyethylene terephthalate(PET) classified under separate indents or sub- indents of one single entryentry B3011 are included in this Annex only for the purposes of shipments destined for recycling within the Union: and provided they are almost free from contamination and other types of waste.
Amendment 557 #
Proposal for a regulation
Annex IIIA – point 4 – point a
Annex IIIA – point 4 – point a
Amendment 558 #
Proposal for a regulation
Annex IIIA – point 4 – point b
Annex IIIA – point 4 – point b
Amendment 560 #
Proposal for a regulation
Annex IIIA – point 4 – point c
Annex IIIA – point 4 – point c
Amendment 599 #
Proposal for a regulation
Annex VIII – Part 2 a (new)
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.