Activities of Sara MATTHIEU 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 (81)
Amendment 115 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 123 #
Proposal for a regulation
Recital 20
Recital 20
(20) It is necessary to provide for procedural steps and safeguards, when a notifier wishes to ship waste subject to the procedure of prior written notification and consent, in the interests of legal certainty and to ensure uniform application of this Regulation and the proper functioning of the internal market. It is also necessary, in line with Article 6(11) of the Basel Convention, to ensure that the costs arising from situations where the shipment of waste subject to the prior written notification and consent cannot be completed or is illegal, are borne by the relevant operators. To this end, the notifier should establish a financial guarantee or equivalent insurance for each shipment of such waste.
Amendment 125 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to avoid disruptions of shipments of waste or goods, due to a disagreement between competent authorities on the status of these waste or goods, it is necessary to set out a procedure to resolve such disagreements. It is important in that regard that competent authorities base their decisions on the provisions relating to the determination of by-products and to the end-of-waste status of Directive 2008/98/EC. It is also necessary to lay out a procedure to resolve disagreements between competent authorities as to whether waste should be subject or not to the notification procedure. To ensure a better harmonisation across the Union of the conditions under which waste should be subject to the notificationestablish or strengthen criteria for the classification of specific waste in the Annexes to this Regulation and to lay out a procedure, the Commission should also be empowered to adopt implementing acts establishing criteria for the classification of specific waste in the relevant Annexes to this Regulation, which will do resolve disagreements between competent authorities as to whethermine whether or not it is subjec waste should be subject or not to the notification procedure. In addition, in order to provide legal certainty and to avoid that waste are falsely declared as used goods and to provide legal clarity, the Commission should be empowered to adopt implementing acts, it is necessary to establishing criteria to distinguish between used goods and waste, for specific commodities for which such distinction is important, especially for their export from the Union.
Amendment 127 #
Proposal for a regulation
Recital 36
Recital 36
(36) To protect the environment of the countries concerned, it is necessary to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in third countries to which the OECD Decision does not apply, in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households, residues from the incineration of household waste and hard-to-recyclecontaminated plastic waste as well as mixtures of plastic waste.
Amendment 128 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36 a) Plastic waste pose particular challenges. There is a wide diversity of polymers, they often contain hazardous additives and numerous contaminants. Measuring the levels of hazardous additives and of contaminants requires costly testing. Recycling levels are very low, and normally creates large amounts of residual waste. In line with the commitment to stop exporting waste challenges to third countries, the Union should therefore prohibit the export of all kinds of plastic waste.
Amendment 132 #
Proposal for a regulation
Recital 38
Recital 38
(38) Countries to which the OECD decision applies are subject to the rules and recommendations laid down by the OECD on the shipment and management of waste, and have generally higher standards for the management of waste than countries to which the OECD decision does not apply. It is however important that the export from the Union of non-hazardous waste for recovery does not create damages to environment and public health in countries to which the OECD decision applies. It is therefore necessary to establish a mechanism to monitor shipments of non- hazardous waste to such countries. In cases where the export of non-hazardous waste from the Union to the country concerned has considerably increased within a short period of time and there is a lack of information available demonstrating the ability of the country concerned to recover this waste in an environmentally sound manner, as well as information about negative impacts of the management of domestic waste in the country concerned, the Commission should enter into a dialogue with the country concerned and, if the information is not sufficient to prove that the waste is recovered in an environmentally sound manner, be empowered to suspend such exports.
Amendment 134 #
Proposal for a regulation
Recital 50
Recital 50
(50) Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. The Commission should produce a report every fourthree years on the implementation of this Regulation, based on the information provided by the Member States as well as on other information, gathered in particular through ad hoc reports by the Commission and the European Environment Agency on the shipments of plastic waste and other specific waste streams that are a source of concern.
Amendment 137 #
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, including in 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. It seeks to contribute to achieving a circular economy, climate neutrality and zero pollution for a toxic-free environment by applying the principles of proximity and self-sufficiency.
Amendment 167 #
Proposal for a regulation
Article 4 – paragraph 2 – point b a (new)
Article 4 – paragraph 2 – point b a (new)
(b a) Waste containing or contaminated with a substance exceeding the levels in Annex IV to Regulation (EU) 2019/1021 on persistent organic pollutants;
Amendment 182 #
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, for example refuse derived fuels, where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.
Amendment 188 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. Only notifiers that have received a permit orand are registered in accordance with Chapter IV of Directive 2008/98/EC may submit a prior written notification (‘notification’).
Amendment 194 #
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 197 #
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 201 #
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 two years after the date of entry into force of this Regulation], assess the feasibility of establishing a harmonised calculation method for determining the amount of financial guarantees or equivalent insurances following a risk-based approach, and, if appropriate, adopt an implementing act to establish such a harmonised calculation method no later than [OJ insert three years after the date of entry into force of this Regulation]. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).
Amendment 226 #
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;
Amendment 231 #
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 238 #
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 relation to environmental, human health or worker protection;
Amendment 247 #
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 249 #
Proposal for a regulation
Article 12 – paragraph 1 – point e
Article 12 – paragraph 1 – point e
(e) limiting incoming shipments of waste destined for recovery operations other than recycling and preparing for re- use is necessary for a Member State in order to protect its waste management network, where it is establishedthere are reasonable grounds to assume that such shipments wcould result in domestic waste having to be disposed of or treated in a way that is not consistent with their waste management plans;
Amendment 251 #
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 relation to environmental, human health or worker protection.
Amendment 261 #
Proposal for a regulation
Article 14 – paragraph 2 – point e a (new)
Article 14 – paragraph 2 – point e a (new)
(e a) the quantity of residual waste generated through the recovery operation and the subsequent waste management thereof,
Amendment 263 #
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 265 #
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2 a. An independently audited annual mass balances of the pre-consented recovery facility is submitted on an annual basis to the competent authority.
Amendment 272 #
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 sefiven years.
Amendment 274 #
Proposal for a regulation
Article 14 – paragraph 9 a (new)
Article 14 – paragraph 9 a (new)
9 a. Any pre-consented facility shall be subject to an audit at least once during the validity of pre-consent by an independent and accredited third party with appropriate qualifications.
Amendment 298 #
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. The minimum information that shall be made publicly available are the name of the waste producer, the name of the notifier if different from the waste producer, the name of the consignee, the name of the facility of final destination, the type of waste designated by its code, the total quantity of waste intended to be shipped, the treatment operation the waste will undergo and whether the notification has been consented to or not. The Commission shall grant access for the public to such information in the central system referred to in Article 26. Member States that operate their own national system shall grant access for the public to such information in their national system referred to in Article 26(3). Access shall be given in real time and free of charge.
Amendment 312 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2 a. Information stored on the central system shall be made publicly available, whenever such information is not confidential under national or Union legislation, in particular the type of recovery operations undertaken for each waste shipment requiring a notification procedure or a simple general information procedure and the related rate of material recycling operations versus energy recovery operations.
Amendment 326 #
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 toshall adopt delegated acts in accordance with Article 76 to supplement or amend this Regulation by establishing or strenghtening criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV.
Amendment 331 #
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 financial obligations under extended producer responsibility are applied 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 342 #
Proposal for a regulation
Article 36 – paragraph 1 – point b a (new)
Article 36 – paragraph 1 – point b a (new)
Amendment 343 #
Proposal for a regulation
Article 36 – paragraph 1 – point g
Article 36 – paragraph 1 – point g
(g) wastes the import of which has been prohibited by the country of destination, including by virtue of being party to a regional agreement;
Amendment 353 #
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 371 #
Proposal for a regulation
Article 38 – paragraph 4 – point c a (new)
Article 38 – paragraph 4 – point c a (new)
(c a) update the information referred to in paragraph 2, point (b), on the basis, inter alia, of plausible evidence received from third parties;
Amendment 375 #
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 fifthevery three years 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 379 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – introductory part
Article 39 – paragraph 3 – subparagraph 1 – point a – introductory part
(a) it has a comprehensive waste management strategy or plan that covers its entire territory and shows its ability and readiness to ensure the environmentally sound management of waste of its domestic waste and imported waste. That strategy or plan shall include at least the following elements:
Amendment 380 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – point iv
Article 39 – paragraph 3 – subparagraph 1 – point a – point iv
(iv) an indication of the proportion of the domestic waste concerned by the request which is landfilled, as well as any objectives and measures to decrease that proportion in the future;
Amendment 381 #
Proposal for a regulation
Article 39 – paragraph 3 – subparagraph 1 – point a – point vii
Article 39 – paragraph 3 – subparagraph 1 – point a – point vii
(vii) a strategy on howprovisions to ensure the environmentally sound management of waste imported into its territory, including information on the possible impact of such import on the management of waste generated domestically;
Amendment 383 #
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 385 #
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) the imports of the waste concerned by the request will not have any adverse effects on the management of domestic waste;
Amendment 388 #
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 together with the information referred to in Article 38(2). 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.
Amendment 391 #
Proposal for a regulation
Article 40 – paragraph 1 a (new)
Article 40 – paragraph 1 a (new)
1 a. Following the reception of requests submitted pursuant to Article 39, the Commission shall make a public consultation, giving interested third parties thirty days to submit observations on the request for inclusion in the list of countries to which exports are authorised.
Amendment 393 #
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 it has received plausible evidence from third parties that the requirements may not be met, 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 394 #
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Where the country making the request does not provide the additional information within the time limit referred to in paragraph 2 of this Article, or where the provided additional information is still considered to be incomplete or insufficient to demonstrate compliance with the requirements set out in Article 39, or where there is plausible evidence that the requirements may not be met, the Commission shall inform without undue delay the country making the request that it cannot be included in the list of countries to which exports are authorised and that its request will no longer be processed. In that case, the Commission shall also inform the country making the request of the reasons for that conclusion. This is without prejudice to the possibility of the country making the request to submit a new request pursuant to Article 39.
Amendment 401 #
Proposal for a regulation
Article 41 – paragraph 2 – point c a (new)
Article 41 – paragraph 2 – point c a (new)
(c a) the export of all plastic waste shall be prohibited;
Amendment 414 #
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 419 #
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, including any domestic waste that may be affected by this. The Commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.
Amendment 430 #
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 anmeasures to ensure that the increase in the import of the waste concerned has no negative effect on the collection and management of the waste generated domestically;
Amendment 434 #
Proposal for a regulation
Article 42 – paragraph 3 a (new)
Article 42 – paragraph 3 a (new)
3 a. 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 436 #
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 446 #
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 462 #
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 cthat was carried out no loncgerned and thatn the audit is repeated at regular intervals, following a risk-based approach, with a minimum frequency of every three years after the first auditwo years ago prior to exporting waste to the facility concerned.
Amendment 469 #
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. The name of and location of facilities complying with the criteria laid down in Annex X should be made available to the public. For that purpose, a public register of all compliant facilities is established by the EU Commission and updated as need be.
Amendment 473 #
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 meansprovide the audit reports referred to in paragraph 4 to the Commission prior to exporting waste. The Commission shall make the audit reports publicly available by electronic means, no later than one month after reception.
Amendment 478 #
Proposal for a regulation
Article 43 – paragraph 8
Article 43 – paragraph 8
Amendment 484 #
Proposal for a regulation
Article 43 – paragraph 9
Article 43 – paragraph 9
Amendment 492 #
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 and environmental protection requirements that are broadly equivalent to the human health 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 and the environment than the requirements stemming from Union legislation.
Amendment 498 #
Proposal for a regulation
Article 57 – paragraph 2 – point a a (new)
Article 57 – paragraph 2 – point a a (new)
(a a) at collection, storage and sorting facilities
Amendment 503 #
Proposal for a regulation
Article 58 – paragraph 2 – introductory part
Article 58 – paragraph 2 – introductory part
2. In order to ascertain that a substance or object being carried by road, rail, air, sea or inland waterway is not waste, the authorities involved in inspections mayshall require the natural or legal person who is in possession of the substance or object concerned, or who arranges the carriage thereof, to submit documentary evidence:
Amendment 504 #
Proposal for a regulation
Article 58 – paragraph 2 – point a a (new)
Article 58 – paragraph 2 – point a a (new)
(a a) as to the audit report pursuant to Article 42;
Amendment 507 #
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 511 #
Proposal for a regulation
Article 59 – paragraph 2 – introductory part
Article 59 – paragraph 2 – introductory part
2. Inspection plans shall include a minimum number of physical checks of facilities and waste shipments in line with the strategy and objectives adopted and the risk assessment conducted. The plans shall not contain any details about operational programming. The inspection plans shall include, at least, the following elements:
Amendment 512 #
Proposal for a regulation
Article 59 – paragraph 2 – point c
Article 59 – paragraph 2 – point c
(c) information on the number and types of planned inspections, including on physical checks;
Amendment 514 #
Proposal for a regulation
Article 59 – paragraph 2 a (new)
Article 59 – paragraph 2 a (new)
2 a. Member States shall ensure that the outcome of the inspections carried out pursuant to the plans referred to in this Article, any remedial actions taken by the relevant authorities as a follow up to those inspections, the names of the operators involved in illegal shipments, and the penalties imposed are permanently available to the public, including electronically.
Amendment 517 #
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 within one year after the reception of the inspection plans. Such reports shall be made publicly available. 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.
Amendment 520 #
Proposal for a regulation
Article 63 – paragraph 4
Article 63 – paragraph 4
4. The waste shipment enforcement group shall meet at least twice a year. In addition to the members referred to in paragraph 2, the chairperson may invite to the meetings, where appropriate, representatives of other relevant institutions, bodies, offices, agencies, trade or industry associations, civil society groups or networks.
Amendment 524 #
Proposal for a regulation
Article 69 – paragraph 4 – introductory part
Article 69 – paragraph 4 – introductory part
4. The Commission shall review the data reported in accordance with this Article and Article 59 and publish a report with the results of its review.
Amendment 526 #
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 fifththird year after the date of entry into force of this Regulation] and every fourthree years thereafter.
Amendment 547 #
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.
Amendment 553 #
Proposal for a regulation
Annex III – Part I – paragraph 2 – point f a (new)
Annex III – Part I – paragraph 2 – point f a (new)
Amendment 554 #
Proposal for a regulation
Annex III – Part I – paragraph 2 – point g
Annex III – Part I – paragraph 2 – point g
Amendment 564 #
Proposal for a regulation
Annex IV – Part I – paragraph 1 – subparagraph 1 a (new)
Annex IV – Part I – paragraph 1 – subparagraph 1 a (new)
Waste classified as hazardous in the list of waste pursuant to Article 7 of Directive 2008/98/EC
Amendment 565 #
Proposal for a regulation
Annex IV – Part I – paragraph 2 – point e a (new)
Annex IV – Part I – paragraph 2 – point e a (new)
(e a) Basel entry Y46 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).
Amendment 566 #
Proposal for a regulation
Annex IV – Part I – paragraph 2 – point f
Annex IV – Part I – paragraph 2 – point f
Amendment 567 #
Proposal for a regulation
Annex V – point 2 – introductory part
Annex V – point 2 – introductory part
2. This Annex consists of two parts. Article 36 further refers to the list of waste as referred to in Article 7 of Directive 2008/98/EC. For the purposes of this Regulation and to determine whether a specific waste is listed as referred to in Art. 36 of this Regulation, the list of waste as referred to in Article 7 of Directive 2008/98/EC applies only when Part 1 of this Annex is not applicable. If a waste is not listed in Part 1 of this Annex or, and not as a hazardous waste in the list of waste as referred to in Article 7 of Directive 2008/98/EC (i.e. types of waste marked with an asterisk), only then it should be checked if it is listed in Part 2 of this Annex.
Amendment 568 #
Proposal for a regulation
Annex V – point 2 – paragraph 2
Annex V – point 2 – paragraph 2
Thus, if a waste is listed in Part 1, a check must be made to ascertain whether it is listed in List A or in List B. For the purposes of this Regulation, Basel entry B3011 shall be considered to be listed in Part 2 of this Annex. Only if a waste is not listed in either List A or List B of Part 1, must a check be made to ascertain whether it is listed either among the hazardous waste listed in the list of waste as referred to in Article 7 of Directive 2008/98/EC (i.e. types of waste marked with an asterisk) or in Part 2 of this Annex, and if this is the case, it is covered by the export prohibition.
Amendment 569 #
Proposal for a regulation
Annex V – point 3 a (new)
Annex V – point 3 a (new)
3 a. For the purposes of this Regulation, Basel entry Y46 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).
Amendment 575 #
Proposal for a regulation
Annex X – point 1 – point c – introductory part
Annex X – point 1 – point c – introductory part
(c) it establishes and operates management and monitoring systems, procedures and techniques that have the purpose of preventing, reducing, minimising and to the extent practicable eliminating:
Amendment 579 #
Proposal for a regulation
Annex X – point 1 – point c – point ii a (new)
Annex X – point 1 – point c – point ii a (new)
(ii a) To this end, as a minimum, the actual performance of the facility, including the level of emissions, must be checked and compared with specific requirement which are mandatory in EU legislation and relevant BAT associated emission levels defined in EU under Directive 2010/75/EU.
Amendment 587 #
Proposal for a regulation
Annex X – point 2 – introductory part
Annex X – point 2 – introductory part
2. Upon verifying compliance of a facility against the above criteria, the independent third party performing the audit must in particular take into account, as a point of reference and where relevantverify that all activities carried out by the facility would comply with:
Amendment 592 #
Proposal for a regulation
Annex VIII – Part 2 – point 7 a (new)
Annex VIII – Part 2 – point 7 a (new)
(7 a) Fundamental ILO Conventions Signed: yes no Ratified: yes no
Amendment 597 #
Part 2 a (new) Commitment to ensure that waste(s) 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 ensures that any waste shipped to its territory is managed without endangering human health and in an environmentally sound manner in accordance with Article 56 of this Regulation.