Activities of Pietro FIOCCHI related to 2021/0367(COD)
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 (40)
Amendment 121 #
Proposal for a regulation
Recital 18 a (new)
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 126 #
Proposal for a regulation
Recital 33 a (new)
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 179 #
Proposal for a regulation
Article 4 – paragraph 4 – point b
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 concerned and the notifier.
Amendment 186 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Only nNotifiers 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 200 #
Proposal for a regulation
Article 7 – paragraph 10 – introductory part
Article 7 – paragraph 10 – introductory part
10. The Commission shall, at the latest by [OP: Please insert date of twoone 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 methodless 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 209 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
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
Article 9 – paragraph 2 – subparagraph 1
Amendment 256 #
Proposal for a regulation
Article 13 – paragraph 1 – point c
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 278 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Within one7 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 285 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Waste referred to in Article 4(3) and (4) that is intended to be shippedexported 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 289 #
Proposal for a regulation
Article 18 – paragraph 3
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 293 #
Proposal for a regulation
Article 18 – paragraph 4
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 301 #
Proposal for a regulation
Article 21 – paragraph 1
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. Sentence one shall not apply in the case of waste shipments in the Union or shipments of green listed waste in accordance to Annex III.
Amendment 318 #
Proposal for a regulation
Article 27 – paragraph 1
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, as well as in English.
Amendment 320 #
Proposal for a regulation
Article 27 – paragraph 2
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 322 #
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 335 #
Proposal for a regulation
Article 30 – paragraph 1
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 nearesta suitable facility located in the border area between the two or more Member States concerned.
Amendment 339 #
Proposal for a regulation
Article 30 – paragraph 2
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
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 355 #
Proposal for a regulation
Article 37 – paragraph 2 a (new)
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 361 #
Proposal for a regulation
Article 38 – paragraph 3 – introductory part
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 366 #
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 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 368 #
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
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 373 #
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 399 #
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 405 #
Proposal for a regulation
Article 41 a (new)
Article 41 a (new)
Amendment 408 #
Proposal for a regulation
Article 41 b (new)
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 410 #
Proposal for a regulation
Article 42 – paragraph 1
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 425 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. In cases where the export of plastic waste from the Union to a country to which the OECD Decision applies has considerably increasedincreased by more than 100% within a short period of timeone year, 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 435 #
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, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by prohibisubjecting the export of the waste concerned to this country to the procedure of prior written notification and consent or to an audit demonstrating that the facilities which are to receive the waste in the country of destination will manage it in environmentally sound manner.
Amendment 438 #
This prohibitionrequirement shall be lifted by the Commission, when the Commission has sufficient evidence that the waste concerned will be managed in an environmentally sound manner.
Amendment 440 #
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4 a. Where an international agreement between the Union and one or more third countries to which the OECD Decision applies recognises that waste will be managed in environmentally sound manner in the third countries concerned, paragraph 4 of this Article shall not apply. For the conclusion of international agreements referred to above, the Recommendation of the Council on OECD Legal Instruments on Environmentally Sound Management (ESM) of Waste shall serve as a baseline. The Commission shall undertake all necessary efforts for the establishment of international agreements referred to in this paragraph before the end of the transition period for this Article mentioned in Article 82 of this Regulation. In case no international agreement has been concluded by the end of the transition period mentioned in Article 82, the transition period for this Article shall be prolonged by additional two years.
Amendment 443 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. In order to fulfil the obligation referred to in paragraph 1, a natural or legal person intending to export waste from the Union shall ensure that the facilities which will manage the waste in the country of destination have been subject to an audit by an independent and accredited third party with appropriate qualifications, which are internationally recognised, accepted and certified using specific standards such as ISO 19011 or equivalents. The auditing company and the auditor shall have experience and solid capacity in conducting due diligence-like audits.
Amendment 480 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
8. Where an international agreement between the Union and a third country to which the OECD Decision applies recognises that the facilities in that third country will manage waste in an environmentally sound manner, equivalent in scope and objectives to the human health, environmental protection and social requirements laid down in Union legislation and, in accordance with the criteria laid down in Annex X, natural and legal persons which intend to export waste to that third country shall be exempted from the obligation in paragraph 2.
Amendment 493 #
Proposal for a regulation
Article 56 – paragraph 2
Article 56 – paragraph 2
2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste will be managed in accordance with human health and environmental protection requirements that are broadly equivalent in scope and objectives to the human health and environmental protection and social 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 applire legally enforced in the country of destination and ensure a similar level of protection of human health and the environment than the requirements stemming from Union legislation.
Amendment 497 #
Proposal for a regulation
Article 56 a (new)
Article 56 a (new)
Article 56 a Enhancing circularity of materials Before the end of the transition period for the application of Articles 37, 38, 39 and 40 of this Regulation, the Commission shall propose legislative acts for the establishment of mandatory recycled content for waste entries subject to the safeguard procedure of Article 42 and the waste export prohibition of Article 37, if not already applicable under EU legislation.
Amendment 555 #
Proposal for a regulation
Annex III – Part I – paragraph 2 – point g a (new)
Annex III – Part I – paragraph 2 – point g a (new)
(g a) As a common understanding, the term “almost free from contamination and other types of wastes” means that in a consignment of mixtures of plastic waste (consisting of PE, PP and/or PET) classified under entry B3011, the content of contamination and other types of wastes should not exceed a total maximum of 6 % of the weight of the consignment.
Amendment 562 #
Proposal for a regulation
Annex IIIB – point 2 a (new)
Annex IIIB – point 2 a (new)
2 a. The following wastes are included in this Annex: BEU06 Used footwear for preparing for reuse (e.g., sandals, shoes, boots) of natural fibres, leather or synthetic materials BEU07 Used accessories (e.g., belts, scarfs, gloves, hats, bags) for preparing for reuse of natural fibres, leather or synthetic materials BEU08 Used soft toys made out of textiles for preparing for reuse (e.g., cuddly toys) BEU09 Mixtures of worn clothing, other worn textile articles, used footwear, used soft toys, and used accessories, for preparing for reuse of natural fibres, leather or synthetic materials.
Amendment 570 #
Proposal for a regulation
Annex IX – Part 1
Annex IX – Part 1
Amendment 591 #
Proposal for a regulation
Annex VII – Table – point 15
Annex VII – Table – point 15