27 Amendments of César LUENA related to 2021/0367(COD)
Amendment 117 #
Proposal for a regulation
Recital 10 a (new)
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)
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 120 #
Proposal for a regulation
Recital 16 b (new)
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 122 #
Proposal for a regulation
Recital 19 a (new)
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 143 #
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 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 146 #
Proposal for a regulation
Article 2 – paragraph 5 a (new)
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 161 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 a (new)
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 163 #
Proposal for a regulation
Article 3 – paragraph 1 – point 27 b (new)
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 174 #
Proposal for a regulation
Article 4 – paragraph 3 a (new)
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)
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 181 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
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 191 #
Proposal for a regulation
Article 5 – paragraph 8 a (new)
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 217 #
Proposal for a regulation
Article 10 – paragraph 5 a (new)
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 276 #
Proposal for a regulation
Article 14 – paragraph 10
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 307 #
Proposal for a regulation
Article 21 – paragraph 1 a (new)
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)
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 486 #
Proposal for a regulation
Article 43 – paragraph 9 a (new)
Article 43 – paragraph 9 a (new)
9 a. Within three months of the entry into force of this Regulation, the Commission will adopt an implementing act establishing the methodology to carry out the audits, the availability of the results of the audits to other natural and legal persons, the possibility of verifying the audits results, the criteria to become an independent and accredited third party with appropriate qualifications, the procedure to confirm the qualifications and the possibilities to share the information about the waste facilities audits between Member States.
Amendment 488 #
Proposal for a regulation
Title VII
Title VII
Environmentally sound management, circularity of materials and enforcement
Amendment 496 #
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 505 #
Proposal for a regulation
Article 58 – paragraph 2 – point b a (new)
Article 58 – paragraph 2 – point b a (new)
(b a) that it is not waste according to the conditions laid down in Article 6 of Directive 2008/98/EC, or, where appropriate, by providing a statement of conformity, as laid out in Article 5 of Regulation 2011/333/EU, or equivalent.
Amendment 509 #
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 522 #
Proposal for a regulation
Article 64 – paragraph 2 – point b
Article 64 – paragraph 2 – point b
(b) the powers conferred onto the Commission, the European Prosecutor's Office or the European Anti-Fraud Office (OLAF), respectively, in other legal acts, in particular in Council Regulation (EU) 2017/19391a, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council65 , Council Regulation 515/9766 , or Council Regulation 2185/9667 . _________________ 1a Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) 65 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1) 66 Council Regulation 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (OJ L 82 of 22.3.1997, p. 1). 67 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities(OJ L 292 of 15.11.1996, p. 2).
Amendment 529 #
Proposal for a regulation
Article 70 – title
Article 70 – title
Amendment 530 #
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
The Commission shall facilitate dialogue between sectoral associations and citizens, coordinating mechanisms to instrumentalise such participation and strengthen sectoral engagement in the search for climate-neutral solutions that incorporate fundamental elements of the European identity, notably social justice, economic and social cohesion, human rights, including the rights of persons belonging to minorities, and the well- being of peoples.
Amendment 532 #
Proposal for a regulation
Article 76 – paragraph 2
Article 76 – paragraph 2
2. The delegation of power referred to in Articles 2(5(a)), 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 537 #
Proposal for a regulation
Article 76 – paragraph 3
Article 76 – paragraph 3
3. The delegation of power referred to in Articles 2(5(a)), 14(3), 38(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 546 #
Proposal for a regulation
Article 80 – paragraph 1
Article 80 – paragraph 1
By 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.