What changed

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

ORDINARY LEGISLATIVE procedure

Follow up to the European Parliament legislative resolution 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

(COM(2021)0709 – C90426/2021 – 2021/0367(COD))

1. Rapporteur: Pernille WEISS (EPP / DK)

(Ordinary legislative procedure: first reading)

2. Reference numbers: 2021/0367 (COD) / A9-0290/2022 / P9_TA(2024)0087

The European Parliament,

3. Date of adoption of the resolution: 27 February 2024

– having regard to the Commission proposal to Parliament and the Council (COM(2021)0709),

4. Legal basis: Article 192(1) of the Treaty on the Functioning of the European Union

– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90426/2021),

5. Competent Parliamentary Committee: Committee on Environment, Public Health and Food Safety (ENVI)

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

6. Commission's position: accepts all amendments.

– having regard to the opinion of the European Economic and Social Committee of 23 February 2022,

– after consulting the Committee of the Regions,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0290/2022),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 1

Amendment 2

Proposal for a regulation

Recital 1 a (new)

Amendment 3

Proposal for a regulation

Recital 1 b (new)

Amendment 4

Proposal for a regulation

Recital 3

Amendment 5

Proposal for a regulation

Recital 8

(Linked to the amendments by the same author deleting the entries EU3011 and EU48.)

Justification

The notification about the intra-EU shipments of plastic waste is less environmentally sound than those provided for by the Basel Convention and therefore unlawful.

Amendment 6

Proposal for a regulation

Recital 10 a (new)

Amendment 7

Proposal for a regulation

Recital 10 b (new)

Amendment 8

Proposal for a regulation

Recital 11 a (new)

Amendment 9

Proposal for a regulation

Recital 16 a (new)

Amendment 10

Proposal for a regulation

Recital 16 b (new)

Amendment 11

Proposal for a regulation

Recital 20

Amendment 12

Proposal for a regulation

Recital 22

Amendment 13

Proposal for a regulation

Recital 22 a (new)

Amendment 14

Proposal for a regulation

Recital 30

Amendment 15

Proposal for a regulation

Recital 31

Amendment 16

Proposal for a regulation

Recital 36

Amendment 17

Proposal for a regulation

Recital 36 a (new)

Amendment 18

Proposal for a regulation

Recital 36 b (new)

Amendment 19

Proposal for a regulation

Recital 36 c (new)

Amendment 20

Proposal for a regulation

Recital 36 d (new)

Amendment 21

Proposal for a regulation

Recital 37 a (new)

Amendment 22

Proposal for a regulation

Recital 38

Amendment 23

Proposal for a regulation

Recital 49

Amendment 24

Proposal for a regulation

Recital 50

Amendment 25

Proposal for a regulation

Recital 52

Amendment 26

Proposal for a regulation

Recital 54

Amendment 27

Proposal for a regulation

Recital 55

Amendment 28

Proposal for a regulation

Recital 55 a (new)

Amendment 29

Proposal for a regulation

Article 1 – paragraph 1

Amendment 30

Proposal for a regulation

Article 3 – paragraph 1 – point 4

Amendment 31

Proposal for a regulation

Article 3 – paragraph 2

Amendment 32

Proposal for a regulation

Article 4 – paragraph 2 – point a a (new)

Amendment 33

Proposal for a regulation

Article 4 – paragraph 4 – point b

Amendment 34

Proposal for a regulation

Article 4 – paragraph 5

Amendment 35

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1

Amendment 36

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 3

Amendment 37

Proposal for a regulation

Article 7 – paragraph 6

Amendment 38

Proposal for a regulation

Article 7 – paragraph 10 – subparagraph 1

Amendment 39

Proposal for a regulation

Article 9 – paragraph 2 – subparagraph 2

Amendment 40

Proposal for a regulation

Article 9 – paragraph 3

Amendment 41

Proposal for a regulation

Article 9 – paragraph 4

Amendment 42

Proposal for a regulation

Article 9 – paragraph 7

Amendment 43

Proposal for a regulation

Article 11 – paragraph 1 – point a – point i

Amendment 44

Proposal for a regulation

Article 11 – paragraph 1 – point a – point ii

Amendment 45

Proposal for a regulation

Article 11 – paragraph 1 – point a – point iii

Amendment 46

Proposal for a regulation

Article 11 – paragraph 1 – point b

Amendment 47

Proposal for a regulation

Article 11 – paragraph 3

Amendment 48

Proposal for a regulation

Article 12 – paragraph 1 – point d – point ii

Amendment 49

Proposal for a regulation

Article 12 – paragraph 1 – point e

Amendment 50

Proposal for a regulation

Article 12 – paragraph 1 – point f

Amendment 51

Proposal for a regulation

Article 12 – paragraph 5

Amendment 52

Proposal for a regulation

Article 12 – paragraph 5 a (new)

Amendment 53

Proposal for a regulation

Article 13 – paragraph 1 – point a

Amendment 54

Proposal for a regulation

Article 14 – paragraph 2 – point c

Amendment 55

Proposal for a regulation

Article 14 – paragraph 2 – point e a (new)

Amendment 56

Proposal for a regulation

Article 14 – paragraph 2 – point g

Amendment 57

Proposal for a regulation

Article 14 – paragraph 9

Amendment 58

Proposal for a regulation

Article 15 – paragraph 3

Amendment 59

Proposal for a regulation

Article 16 – paragraph 3

Amendment 60

Proposal for a regulation

Article 17 – paragraph 3

Amendment 61

Proposal for a regulation

Article 18 – paragraph 4

Amendment 62

Proposal for a regulation

Article 21 – paragraph 1

Amendment 63

Proposal for a regulation

Article 22 – paragraph 3 – subparagraph 1

Amendment 64

Proposal for a regulation

Article 24 – paragraph 1

Amendment 65

Proposal for a regulation

Article 26 – paragraph 1 – introductory part

Amendment 66

Proposal for a regulation

Article 26 – paragraph 2 – subparagraph 1

Amendment 67

Proposal for a regulation

Article 26 – paragraph 3 a (new)

Amendment 68

Proposal for a regulation

Article 26 – paragraph 4 – subparagraph 1 – point b a (new)

Amendment 69

Proposal for a regulation

Article 26 – paragraph 4 a (new)

Amendment 70

Proposal for a regulation

Article 27 – paragraph 1

Amendment 71

Proposal for a regulation

Article 27 – paragraph 2

Amendment 72

Proposal for a regulation

Article 28 – paragraph 3 a (new)

Amendment 73

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 1

Amendment 74

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 2

Amendment 75

Proposal for a regulation

Article 30 – title

Amendment 76

Proposal for a regulation

Article 30 – paragraph 1

Amendment 77

Proposal for a regulation

Article 30 – paragraph 2

Amendment 78

Proposal for a regulation

Article 30 – paragraph 3

Amendment 79

Proposal for a regulation

Article 30 – paragraph 4

Amendment 80

Proposal for a regulation

Article 36 – paragraph 1 – point b a (new)

Justification

All waste containing or contaminated with a substance exceeding the levels in Annex IV to Regulation (EU) 2019/1021 on persistent organic pollutants should be prohibited for export from the Union to non-OECD countries.

Amendment 81

Proposal for a regulation

Article 37 – paragraph 2 – subparagraph 1

Amendment 82

Proposal for a regulation

Article 38 – paragraph 4 – introductory part

Amendment 83

Proposal for a regulation

Article 40 – paragraph 1

Amendment 84

Proposal for a regulation

Article 41 – paragraph 2 – point c a (new)

Amendment 85

Proposal for a regulation

Article 42 – paragraph 1

Amendment 86

Proposal for a regulation

Article 42 – paragraph 2

Amendment 87

Proposal for a regulation

Article 42 – paragraph 3 – point a

Amendment 88

Proposal for a regulation

Article 42 – paragraph 3 – point b

Amendment 89

Proposal for a regulation

Article 42 – paragraph 3 – point c

Amendment 90

Proposal for a regulation

Article 42 – paragraph 3 – point d

Amendment 91

Proposal for a regulation

Article 42 – paragraph 3 a (new)

Amendment 92

Proposal for a regulation

Article 42 – paragraph 4 – subparagraph 1

Amendment 93

Proposal for a regulation

Article 43 – paragraph 1 a (new)

Amendment 94

Proposal for a regulation

Article 43 – paragraph 2

Amendment 95

Proposal for a regulation

Article 43 – paragraph 4 – subparagraph 1

Amendment 96

Proposal for a regulation

Article 43 – paragraph 4 – subparagraph 2

Amendment 97

Proposal for a regulation

Article 43 – paragraph 7 – subparagraph 1 a (new)

Amendment 98

Proposal for a regulation

Article 43 – paragraph 7 a (new)

Amendment 99

Proposal for a regulation

Article 43 – paragraph 8

Amendment 100

Proposal for a regulation

Article 43 – paragraph 9 a (new)

Amendment 101

Proposal for a regulation

Article 56 – paragraph 2

Amendment 102

Proposal for a regulation

Article 56 – paragraph 2 a (new)

Amendment 103

Proposal for a regulation

Article 56 – paragraph 2 b (new)

Amendment 104

Proposal for a regulation

Article 56 – paragraph 2 c (new)

Amendment 105

Proposal for a regulation

Article 57 – paragraph 2 – point a a (new)

Amendment 106

Proposal for a regulation

Article 57 – paragraph 2 a (new)

Amendment 107

Proposal for a regulation

Article 58 – paragraph 1

Amendment 108

Proposal for a regulation

Article 58 – paragraph 2 – subparagraph 1 – point a a (new)

Amendment 109

Proposal for a regulation

Article 58 – paragraph 5

Amendment 110

Proposal for a regulation

Article 58 – paragraph 6

Amendment 111

Proposal for a regulation

Article 59 – paragraph 2 – introductory part

Amendment 112

Proposal for a regulation

Article 59 – paragraph 2 – point c

Amendment 113

Proposal for a regulation

Article 59 – paragraph 2 – point g a (new)

Amendment 114

Proposal for a regulation

Article 59 – paragraph 2 a (new)

Justification

It is important to know the success or failure of the inspection plans, therefore the results of the inspections carried out need to be made public. Moreover, Member States should inform about the remedial action taken, the names of those caught with illegal shipments, and the penalties applied. Such public reporting is likely to have a major deterrent effect.

Amendment 115

Proposal for a regulation

Article 59 – paragraph 5

Amendment 116

Proposal for a regulation

Article 63 – paragraph 3 a (new)

Amendment 117

Proposal for a regulation

Article 63 – paragraph 3 b (new)

Amendment 118

Proposal for a regulation

Article 63 – paragraph 4

Amendment 119

Proposal for a regulation

Article 64 – paragraph 2 – point b

Amendment 120

Proposal for a regulation

Article 69 – paragraph 4 – subparagraph 3

Amendment 121

Proposal for a regulation

Article 69 – paragraph 4 a (new)

Amendment 122

Proposal for a regulation

Article 69 – paragraph 4 b (new)

Amendment 123

Proposal for a regulation

Article 69 – paragraph 4 c (new)

Amendment 124

Proposal for a regulation

Article 69 – paragraph 4 d (new)

Amendment 125

Proposal for a regulation

Article 72 – paragraph 1 a (new)

Amendment 126

Proposal for a regulation

Article 72 – paragraph 1 b (new)

Amendment 127

Proposal for a regulation

Article 75 – paragraph 1 a (new)

Amendment 128

Proposal for a regulation

Article 75 – paragraph 3 a (new)

Amendment 129

Proposal for a regulation

Article 80 – paragraph 1

Amendment 130

Proposal for a regulation

Article 80 – paragraph 1 a (new)

Amendment 131

Proposal for a regulation

Annex IA – Block 7

Amendment 132

Proposal for a regulation

Annex IB – Block 7

Amendment 133

Proposal for a regulation

Annex IC – Part V – point 46 – subparagraph 1

Amendment 134

Proposal for a regulation

Annex III – Part I – paragraph 2 – point f a (new)

Amendment 135

Proposal for a regulation

Annex III – Part I – paragraph 2 – point g

Justification

The EU should fully adhere to the provisions of the Basel Convention. It should therefore maintain the Basel entry B3011 of Annex IX of the Basel Convention with regard to non-hazardous plastic waste. Only those waste fall under the green list procedure in the EU. The entry EU3011 would deviate from Basel entry B3011 by unduly adding problematic PTFE and PVC waste to the green listed waste. Such waste are listed under Basel Annex II for good reasons due to the problems they create and shipments thereof in the EU should therefore be controlled. This is necessary to ensure that Member States who do not wish to receive PTFE and PVC waste can object to such shipments.

Amendment 136

Proposal for a regulation

Annex IIIA – point 2 – point e a (new)

Amendment 137

Proposal for a regulation

Annex IIIA – point 2 – point e b (new)

Amendment 138

Proposal for a regulation

Annex IV – Part I – paragraph 1 – subparagraph 1 a (new)

Amendment 139

Proposal for a regulation

Annex IV – Part I – paragraph 2 – point f

Justification

The EU should fully adhere to the provisions of the Basel Convention. It should therefore maintain the Basel entry Y48 with regard to contaminated plastic waste and mixtures of plastic waste. The entry EU48 would be more lenient on certain mixtures of plastic waste, which is not appropriate.

Amendment 140

Proposal for a regulation

Annex V – point 2 – subparagraph 1

Amendment 141

Proposal for a regulation

Annex VIII – Part 2 – point 7 a (new)

Justification

Countries who would like to be included in the list of countries to which the export of non-hazardous waste destined for recovery from the European Union are authorised should also provide information about the status with regard to membership in the Fundamental ILO Conventions, as respecting workers’ legislation is a prerequisite for environmentally sound management of waste.

Amendment 142

Proposal for a regulation

Annnex VIII – Part 2 a (new)

Justification

Countries who would like to be included in the list of countries to which the export of non-hazardous waste destined for recovery from the European Union are authorised should sign a commitment to ensuring environmentally sound management of the imported waste.

Amendment 143

Proposal for a regulation

Annex IX – Part 1 – point 2 – point b

Amendment 144

Proposal for a regulation

Annex IX – Part 2 a (new)

Amendment 145

Proposal for a regulation

Annex X – point 1

Amendment 146

Proposal for a regulation

Annex X – point 1 – point b

Amendment 147

Proposal for a regulation

Annex X – point 1 – point c – introductory part

Amendment 148

Proposal for a regulation

Annex X – point 1 – point f

Amendment 149

Proposal for a regulation

Annex X – point 2 – introductory part

Amendment 150

Proposal for a regulation

Annex X – point 2 – point b a (new)

EXPLANATORY STATEMENT

A climate-neutral Union by 2050 is the promise for current and future Europeans. The transition to a truly circular economy is the tool for getting there, which citizens, industry and lawmakers have already begun using. A robust framework for shipments of waste from its place of origin to its best place of treatment is the grid upon which all initiatives in this regard must rest.

Every year, around 67 million tonnes of waste are shipped between Member States. Yet barely 13 percent of material resources used in the EU come from recycled waste material. On the backdrop of this, the Commission’s proposal for a Regulation on Shipments of Waste is a valuable and long-anticipated outcome of the Circular Economy Action Plan.

The Rapporteur welcomes the Commission’s proposal as an ambitious and balanced starting point for the legislative process. The Rapporteur especially appreciates the high level of ambition, on behalf of climate, environment and public health; the measures put in place to combat illegal shipments, tackling this issue upstream; and the improvements proposed to the previous legal framework, which aims to increase the share of waste reused and recycled in the EU. In many areas of the proposal, the Rapporteur also finds that the Commission has, to a reasonable degree, struck a balance between control measures and positive incentives; between responsibilities delegated to the Member States and to the Commission respectively; and between the need for raw materials within the Union and access to international value chains.

However, the Rapporteur also finds that further measures are needed to reach the objective of a European circular economy. To this end, the Rapporteur proposes a number of key amendments as presented below.

An attractive European industrial environment for recycling

The circular economy depends on sufficient recycling capacity and technology to feed secondary raw materials into the production of new goods. For the environment as well as the autonomy of the EU it is important that a legislative framework, which fosters an attractive environment for the recycling industry, is established.

In this regard, the Commission’s proposal is strengthened by the Rapporteur in several aspects. Firstly, in relation to the access to laboratory analysis or experimental treatment trials. Secondly, additional legal clarity is provided in several areas, to reduce legal uncertainty for economic operators. Thirdly, changes are made to ensure that burdensome procedures, related to e.g., notifications of shipments, are reduced to only what is duly justified.

An ambitious digital system

The Commission’s proposal for a central system for electronic data interchange for waste shipments is welcomed. The system should provide more efficient exchanges between Member State authorities and economic operators, which may i.a. cut down procedural timelines significantly.

However, the Rapporteur proposes amendments, which will further strengthen this approach towards digitalisation. It is of great importance to ensure, that the system will actually provide a digital tool, which can facilitate more than just the exchange of documents. Notably, the system should also be a tool for effective case management and should provide data about waste shipments, which may prove useful for improvement of the future legal framework. To safeguard the continued usefulness of the system, amendments are made to ensure evaluations and updates of the system. The rapporteur also proposes that procedures must be established to safeguard the continuance of waste shipments in case of failure of the central electronic system.

A true EU internal market for waste

To establish a true internal market for waste shipments, the choice of a regulation - rather than a directive - is welcomed. This necessitates a procedure for disagreements and classifications, as provided by the Commission and welcomed by the Rapporteur. The proposal for a regulation aims to ensure that harmonized procedures will apply to all Member States and comply with international standards as regards cooperation with third countries.

The provided measures for removing internal barriers and improving cooperation between Member States are however not sufficient. Thus, the Rapporteur proposes to establish a “waste shipment coordination group” consisting of representatives of the Member States and the Commission. The group shall be tasked with i.a. providing solutions to disagreements of classifications between Member States, monitoring that bilateral agreements between Member States do not cause fragmentation of the market, and publishing an annual report on information gathered about the state of the EU internal market for waste shipments.

The Rapporteur further finds that the Commission’s proposal for a prohibition of shipments of waste for disposal on the EU internal market is too restrictive. Under certain conditions, Member States should be allowed to conduct bi- or multilateral agreements regarding shipments for disposal, to utilize shared waste management capacity.

Additionally, enforcement of the common legal framework is an indispensable part of strengthening the EU internal market for waste shipments. In this regard, the waste shipment enforcement group shall not be limited to cooperation and information sharing. Rather, the Rapporteur proposes that the group shall also propose to the Commission an action plan to tackle illegal waste shipments.

Environmentally sound export

The EU must be a global leader in the green transition, which uses its influence and incentives to promote transformative change in third countries also with regard to waste management. In the area of waste export, the Rapporteur finds that the Commission has made a strong and balanced proposal.

The Rapporteur proposes changes in this regard concerning the list of countries to which exports are authorised: In order to incentivise investments in recycling facilities in third countries, and ensure that countries who do not comply with requirements are removed swiftly, the list of countries authorised should be updated at least every year. Further amendments are proposed to ensure that audits are only carried out by certified and experienced third parties and to enable more transparency about audited facilities and international agreements.

ANNEX: LIST OF ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The following list is drawn up on a purely voluntary basis under the exclusive responsibility of the rapporteur. The rapporteur has received input from the following entities or persons in the preparation of the draft report:

PROCEDURE – COMMITTEE RESPONSIBLE

FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE