Sittings · Document

DRAFT REPORT (COM(2021)0709 – C90426/2021 – 2021/0367(COD)) 2022-04-11

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

Committee on the Environment, Public Health and Food Safety · Rapporteur: Pernille Weiss

DRAFT 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))

(Ordinary legislative procedure: first reading)

The European Parliament,

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

– 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),

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

– 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 (A90000/0000),

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 10 a (new)

Text proposed by the Commission	Amendment
	(10a) Research and innovation should be an integral part of the European waste management sector. Such research and innovation should include both industry facilities conducting experimental treatment trials as well as universities and other research institutions conducting research within this area. It is essential to avoid legislative initiatives, which unnecessarily hinder research and innovation in the waste management sector.

Or. en

Amendment 2

Proposal for a regulation

Recital 11 a (new)

Text proposed by the Commission	Amendment
	(11a) Legal certainty and uniform application of Union legislation within the area of waste management serve the purpose of avoiding an undue administrative burden, which could be especially troublesome for small and medium-sized enterprises and which could disincentivise otherwise justified shipments of waste. Legal certainty and uniform application can also help to avoid possible doubts about the standards of environmental protection and protection of human health expected in this area.

Or. en

Amendment 3

Proposal for a regulation

Recital 20

Text proposed by the Commission	Amendment
(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.	(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. Proper functioning of the Union market for shipments of waste is necessary in order to ensure the long-term competitiveness of the Union. 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.

Or. en

Amendment 4

Proposal for a regulation

Recital 22

Text proposed by the Commission	Amendment
(22) In order to reduce delays in the processing of notifications for the shipment of waste and facilitate the exchange of information between the relevant authorities, it is necessary that the issuance and exchange of information and data, which relates to individual shipments of waste within the Union, be made via electronic means. It is also necessary to empower the Commission to lay out the procedural and operational requirements for the practical implementation of the systems ensuring this electronic submission and exchange of information (such as interconnectivity, architecture and security). It is also necessary to provide sufficient time for competent authorities in the Member States and economic operators to prepare for the shift from a paper based approach, as laid down in Regulation (EC) 1013/2006, to an approach to exchange information and documents electronically. This new obligation should therefore become applicable 24 months after the date of application of this Regulation.	(22) In order to reduce delays in the processing of notifications for the shipment of waste and facilitate the exchange of information between the relevant authorities and the economic operators, it is imperative that the issuance and exchange of information and data, which relates to individual shipments of waste within the Union, be made via electronic means. The central system and the national system should be interlinked and fully operational. To facilitate the reduction of delays, it is imperative that those systems allow document sharing and contain a fully searchable database of information related to specific shipments of waste. It is also necessary to empower the Commission to lay out the procedural and operational requirements for the practical implementation of the systems ensuring this electronic submission and exchange of information (such as interconnectivity, architecture and security). It is also necessary to provide sufficient time for competent authorities in the Member States and economic operators to prepare for the shift from a paper based approach, as laid down in Regulation (EC) 1013/2006, to an approach to exchange information and documents electronically. This new obligation should therefore become applicable 24 months after the date of application of this Regulation, before which access to the central system, in its final or near-final version, should be granted to relevant authorities for the purpose of testing and learning.

Or. en

Justification

The Commission proposal does not provide sufficient clarity about what can be expected from the new central system. The proposal does however suggest new, ambitious procedures which are justified on the basis of this new system. Thus, it should be ensured that the system will actually deliver the sufficient tools to both authorities and industry for more efficient management of waste shipments.

Amendment 5

Proposal for a regulation

Recital 22 a (new)

Text proposed by the Commission	Amendment
	(22a) Sufficient time should be provided to ensure there are alternative procedures as safeguards for the electronic system. In the event of cyberattacks, accidental breakdowns in the central system or similar threats to the electronic system, data should remain protected and accessible, and procedures related to shipments should be carried out without unnecessary delays. By means of implementing acts, the Commission should be empowered to lay down such alternative procedures after consulting relevant stakeholders.

Or. en

Amendment 6

Proposal for a regulation

Recital 26

Text proposed by the Commission	Amendment
(26) In order to ensure traceability of shipments of waste and not to impair the environmentally sound management of waste shipped across borders, it should be prohibited to mix waste with other waste from the start of the shipment to the receipt of the waste in recovery or disposal operation.	(26) In order to ensure traceability of shipments of waste and not to impair the environmentally sound management of waste shipped across borders, it should be prohibited to mix waste with other waste from the start of the shipment to the receipt of the waste in recovery or disposal operation, except in cases of non-hazardous waste shipped to facilities which have demonstrated an ability to treat waste of the corresponding contamination level.

Or. en

Justification

The Regulation must take account of the evolution of waste technology for sorting and treatment. If waste is otherwise considered non-hazardous ('green'-listed under Annex III, Annex IIIA and IIIB), mixing should not be an issue as long as the receiving facility will be able to sort and treat such mixture of waste in an environmentally sound manner and according to the other principles of this Regulation.

Amendment 7

Proposal for a regulation

Recital 30

Text proposed by the Commission	Amendment
(30) With a view to ensuring that competent authorities are able to correctly process the documents submitted to them relating to the shipment of waste, it is necessary to lay out an obligation for the notifier to provide an authorised translation of these documents in a language acceptable to these authorities, if they so request.	(30) With a view to ensuring that competent authorities are able to correctly process the documents submitted to them relating to the shipment of waste, while avoiding putting an undue administrative burden on notifiers, the notifier should provide documents, notifications and other information in the official language of the Member State of the competent authorities concerned or in English. An authorised translation of these documents in a language acceptable to these authorities, should be provided if they so request, but only in duly justified cases.

Or. en

Justification

Translation of documents, possibly into several languages, places an administrative burden on notifiers. To avoid disincentivising otherwise justified shipments of waste, authorities should in principle always accept these documents in English. In justified cases, authorities may request translations.

Amendment 8

Proposal for a regulation

Recital 31

Text proposed by the Commission	Amendment
(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 notification 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 determine whether or not it is subject to the notification procedure. In addition, in order to avoid that waste are falsely declared as used goods and to provide legal clarity, the Commission should be empowered to adopt implementing acts 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.	(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 establish criteria for the classification of specific waste in the Annexes to this Regulation and to lay out a procedure to resolve disagreements between competent authorities as to whether 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, it is necessary to establish criteria to distinguish between used goods and waste, for specific commodities for which such distinction is important, especially for their export from the Union.

Or. en

Justification

To ensure coherence between the operative part of the text and the recitals; i.e. correct reference to aspects covered by delegated acts and implementing acts respectively.

Amendment 9

Proposal for a regulation

Recital 31 a (new)

Text proposed by the Commission	Amendment
	(31a) To facilitate cooperation, information sharing and the exchange of best practice on any issues which could cause fragmentation of the Union market for shipments of waste, a dedicated waste shipment cooperation group should be established with the participation of designated representatives of the Member States and of the Commission. This cooperation group should meet regularly, and when beneficial should also meet with other bodies or industry representatives. It should be a forum, inter alia, for discussing application of this Regulation and monitoring the state of the Union market for shipments of waste.

Or. en

Amendment 10

Proposal for a regulation

Recital 49

Text proposed by the Commission	Amendment
(49) To support and complement the enforcement activities of the Member States, the Commission should be empowered to carry out investigative and coordinating actions in respect of illegal shipments, which might have serious adverse effects on human health or the environment. In carrying out these activities, the Commission should act in full respect of procedural guarantees. The Commission may consider, as a matter of its internal organisation, entrusting certain enforcement actions foreseen by this Regulation to the European Anti-Fraud Office (OLAF), which possesses relevant expertise in that regard.	(49) To support and complement the enforcement activities of the Member States, the Commission should be empowered to carry out investigative and coordinating actions in respect of illegal shipments, which might have serious adverse effects on human health or the environment. In carrying out these activities, the Commission should act in full respect of procedural guarantees. The Commission may consider, as a matter of its internal organisation, entrusting certain enforcement actions foreseen by this Regulation to the European Anti-Fraud Office (OLAF), which possesses relevant expertise in that regard. If competent authorities in the Member States of dispatch and destination are notified of an illegal shipment of waste, they should consider how they could increase their control procedures for similar shipments so as to identify illegal shipments of waste at an early stage.

Or. en

Amendment 11

Proposal for a regulation

Recital 50

Text proposed by the Commission	Amendment
(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 four 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.	(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 four 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. The central system for electronic submission and exchange of information and documents should be designed in such a way that data can be extracted for the purpose of those reports.

Or. en

Justification

In order to evaluate on the use and usefulness of the central electronic system, including i.a. agreement on classifications, the system must be designed in a way where data can be extracted. This data should be included in the Commission's report on implementation of this Regulation.

Amendment 12

Proposal for a regulation

Recital 54

Text proposed by the Commission	Amendment
(54) In order to supplement or amend this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 37(13), 40(8) and Article 72 of this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.	(54) In order to supplement or amend this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 14(3), 28(4), 38(1), 42(4) and Article 75 of this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
__________________	__________________
52 OJ L 123, 12.5.2016, p. 1.	52 OJ L 123, 12.5.2016, p. 1.

Or. en

Justification

To ensure coherence between the operative part of the text and the recitals; i.e. correct reference to aspects covered by delegated acts and implementing acts respectively.

Amendment 13

Proposal for a regulation

Recital 55

Text proposed by the Commission	Amendment
(55) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt measures on a harmonised method for calculating the financial guarantee or equivalent insurance, to clarify the classification of waste under this Regulation (including the establishment of contamination level threshold for certain waste) and to clarify for certain types of commodities the distinction between used goods and waste when shipped transboundary. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council53 .	(55) In order to ensure uniform conditions for the implementation of a simple harmonised method for calculating the financial guarantee or equivalent insurance, of the requirements for interoperability between central and national systems, and of a correlation table between the codes of the combined nomenclature and the entries of waste, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council53. If the Commission determines that a harmonised calculation method is appropriate, it should consider how the central system can be utilised to enable innovative methods for determining financial guarantees.
__________________
53 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).	53 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Or. en

Justification

To ensure coherence between the operative part of the text and the recitals; i.e. correct reference to aspects covered by delegated acts and implementing acts respectively.

Amendment 14

Proposal for a regulation

Recital 57

Text proposed by the Commission	Amendment
(57) It is necessary to provide for sufficient time for economic operators to comply with their new obligations under this Regulation, and for Member States and the Commission to set up the administrative infrastructure necessary for its application. The application of several provisions of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised. Most provisions of this Regulation will become applicable two months after its entry into force, while the provisions linked to the obligations set out in Article 26 to issue and exchange documents electronically will become applicable two years after this date, and some provisions relating to the export of waste will become applicable three years after this date. In order to avoid any regulatory gap, it is necessary to ensure that some provisions of Regulation (EC) No 1013/2006 remain in force, until the date when the provisions of this regulation with a delayed application becomes applicable.	(57) It is necessary to provide for sufficient time for economic operators to comply with their new obligations under this Regulation, and for Member States and the Commission to set up the administrative infrastructure necessary for its application. The application of several provisions of this Regulation should therefore also be deferred to a date where those preparations can reasonably be finalised. Most provisions of this Regulation will become applicable two months after its entry into force, while the provisions linked to the obligations set out in Article 26 to issue and exchange documents, other information and data electronically will become applicable two years after this date, and some provisions relating to the export of waste will become applicable three years after this date. In order to avoid any regulatory gap, it is necessary to ensure that some provisions of Regulation (EC) No 1013/2006 remain in force, until the date when the provisions of this regulation with a delayed application becomes applicable.

Or. en

Justification

In order for facilitate shipments of waste, the central system for exchange via electronic means must facility the exchange of information and data in addition to being a platform for sharing documents.

Amendment 15

Proposal for a regulation

Article 1 – paragraph 1

Text proposed by the Commission	Amendment
This Regulation lays down measures to protect the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste. It 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.	This Regulation lays down measures to improve the treatment of waste in the interest of achieving resource efficiency and climate neutrality as well as protection of the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste, in particular through a harmonisation of rules within the Union and digitalisation of information exchange. 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. This Regulation serves to enable the circular economy and decarbonisation of the economy of the Union, foster the technological and scientific development needed for the Union to become a global leader in sustainable waste management, and incentivise higher environmental standards for, and bring climate benefits to, third countries importing waste from the Union.

Or. en

Amendment 16

Proposal for a regulation

Article 1 – paragraph 1 a (new)

Text proposed by the Commission	Amendment
	In accordance with Regulation (EU) 2021/1119 of the European Parliament and of the Council1a, the Commission shall facilitate sector-specific climate dialogues and partnerships within the waste and land use sector of the economy. In this regard, this Regulation may also concern any such future climate dialogue or partnership of the waste management sector, with regard to achieving the climate-neutrality objective of the Union by 2050.
	__________________
	1a Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’)( OJ L 243, 9.7.2021, p.1).

Or. en

Justification

According to the European Climate Law, the Commission should facilitate sector-specific climate dialogues and partnerships also within the waste and land use sector of the economy. It is underlined that this Regulation may also be of relevance to any such upcoming partnerships.

Amendment 17

Proposal for a regulation

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

Text proposed by the Commission	Amendment
	(ha) cross-border shipments of waste below 20 kg from consumers to companies, for example as part of trade-in collection activities.

Or. en

Justification

As part of the transition to a circular economy, more companies may want to take back waste (often, before it became waste, a product sold to the consumer by the company), for the purpose of recycling, repairing, gathering knowledge about use and how the product became waste, etc. No matter the waste type, shipments of waste below 20 kg directly from consumers to companies should be exempt from this Regulation.

Amendment 18

Proposal for a regulation

Article 4 – paragraph 3 – point b

Text proposed by the Commission	Amendment
(b) mixtures of waste, provided that the composition of those mixtures does not impair their environmentally sound recovery and provided that such mixtures are listed in Annex IIIA.	(b) mixtures of waste listed in Annex IIIA, provided that the composition of those mixtures does not impair their environmentally sound recovery and, where appropriate, provided that the receiving facility has demonstrated an ability to treat such mixtures of waste regardless of their contamination level.

Or. en

Justification

See justification for AM to recital 26.

Amendment 19

Proposal for a regulation

Article 4 – paragraph 4 – point b

Text proposed by the Commission	Amendment
(b) the amount of waste does not exceed 150 kg or any higher amount agreed on a case-by-case basis by the competent authorities concerned and the notifier.	(b) the amount of waste does not exceed 2 000 kg or any higher amount agreed on a case-by-case basis by the competent authorities concerned and the notifier.

Or. en

Justification

For many types of waste, 150 kg is not sufficient material for especially experimental treatment. Raising the limit should provide better access to experiments and analysis.

Amendment 20

Proposal for a regulation

Article 5 – paragraph 1 – subparagraph 1

Text proposed by the Commission	Amendment
Only notifiers that have received a permit or are registered in accordance with Chapter IV of Directive 2008/98/EC may submit a prior written notification (‘notification’).	Only notifiers that have received a permit or are registered in accordance with Chapter IV of Directive 2008/98/EC and operators of experimental treatment trials or laboratories may submit a prior written notification (‘notification’).

Or. en

Justification

In case the limits set out in Article 4 – paragraph 4 – point b are exceeded, and a higher amount cannot be agreed on a case-by-case basis, the operator should be eligible to submit a notification.

Amendment 21

Proposal for a regulation

Article 5 – paragraph 2 – subparagraph 3

Text proposed by the Commission	Amendment
When the notifier is not the original waste producer referred to in Article 3, point (6)(a)(i), the notifier shall ensure that the original waste producer or one of the persons indicated in Article 3, points (6)(a)(ii) or (iii), also signs the notification document.	When the notifier is not the original waste producer referred to in Article 3, point (6)(a)(i), the notifier shall ensure that the original waste producer or one of the persons indicated in Article 3, points (6)(a)(ii), (iii) or (iv), also signs the notification document. A dealer or a broker shall ensure they have a written authorisation from one of the persons indicated in Article 3, points (6)(a)(i), (ii) or (iii), to act on their behalf, and that written authorisation shall be included in the notification.

Or. en

Justification

To avoid unnecessary administrative procedures, a dealer or broker, who has ensured written consent by the new waste producer or collector, should be allowed to sign the notification document.

Amendment 22

Proposal for a regulation

Article 7 – paragraph 10 – subparagraph 1

Text proposed by the Commission	Amendment
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 and, if appropriate, adopt an implementing act to establish such a harmonised calculation method. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).	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 and, if appropriate, by ... [ three years after the date of entry into force of this Regulation] adopt an implementing act to establish such a harmonised calculation method. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Or. en

Justification

Certainty should be given about when, if deemed appropriate by the Commission, an implementing act covering the harmonised calculation method would be adopted.

Amendment 23

Proposal for a regulation

Article 8 – paragraph 2

Text proposed by the Commission	Amendment
2. The notifier shall provide the information and documentation referred to in paragraph 1 within seven days after the request by the competent authority of dispatch.	2. The notifier shall provide the information and documentation referred to in paragraph 1 within seven working days after the request by the competent authority of dispatch.

Or. en

Justification

To clarify the text, all procedural timelines should be defined by "working days". In the Commission proposal, some timelines refer to "days" and others to "working days".

Amendment 24

Proposal for a regulation

Article 8 – paragraph 3 – subparagraph 2

Text proposed by the Commission	Amendment
The competent authority of dispatch shall inform the notifier and the other competent authorities concerned of the decision referred to in the first subparagraph, within seven days after the requested information and documentation have been added to the notification or where no information has been provided by the notifier pursuant to paragraph 2.	The competent authority of dispatch shall inform the notifier and the other competent authorities concerned of the decision referred to in the first subparagraph, within seven working days after the requested information and documentation have been added to the notification or where no information has been provided by the notifier pursuant to paragraph 2.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 25

Proposal for a regulation

Article 8 – paragraph 5 – subparagraph 1

Text proposed by the Commission	Amendment
The notifier shall provide the information and documentation referred to in paragraph 4 within seven days after the request by the competent authority concerned.	The notifier shall provide the information and documentation referred to in paragraph 4 within seven working days after the request by the competent authority concerned.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 26

Proposal for a regulation

Article 8 – paragraph 6 – subparagraph 1

Text proposed by the Commission	Amendment
Where, within 30 days after the submission of the notification, the competent authority of dispatch has not acted in accordance with paragraph 3 or paragraph 4, first subparagraph, it shall provide the notifier with a motivated explanation upon request.	Where, within 30 working days after the submission of the notification, the competent authority of dispatch has not acted in accordance with paragraph 3 or paragraph 4, first subparagraph, it shall provide the notifier with a motivated explanation upon request.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 27

Proposal for a regulation

Article 8 – paragraph 6 – subparagraph 2

Text proposed by the Commission	Amendment
Where, within 30 days after the submission of the notification, a competent authority has not acted under paragraph 4, second subparagraph, or paragraph 5, and has not consented to a shipment pursuant to Article 11(2) or has objected to a shipment pursuant to Article 12 for reasons relating to the notification not being complete as referred to in Article 5(4), it shall provide the notifier with a motivated explanation upon request.	Where, within 30 working days after the submission of the notification, a competent authority has not acted under paragraph 4, second subparagraph, or paragraph 5, and has not consented to a shipment pursuant to Article 11(2) or has objected to a shipment pursuant to Article 12 for reasons relating to the notification not being complete as referred to in Article 5(4), it shall provide the notifier with a motivated explanation upon request.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 28

Proposal for a regulation

Article 9 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The competent authorities of destination, dispatch and transit shall take, within 30 days after the submission of the notification, one of the following duly motivated decisions as regards the notified shipment:	1. The competent authorities of destination, dispatch and transit shall take, within 30 working days after the submission of the notification, one of the following duly motivated decisions as regards the notified shipment:

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 29

Proposal for a regulation

Article 9 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
Where, within 30 days after submission of the notification, the competent authority of destination has not taken a decision under paragraph 1, it shall provide the notifier with a motivated explanation upon request.	Where the competent authority of destination is not able to take a decision under paragraph 1 within 30 working days after submission of the notification, it shall inform the notifier within those 30 working days and provide the notifier with a motivated explanation upon request.

Or. en

Justification

Competent authorities should keep notifiers informed about the delay in decision time.

Amendment 30

Proposal for a regulation

Article 9 – paragraph 3

Text proposed by the Commission	Amendment
3. A written consent to a planned shipment shall expire on the later date as indicated in the notification document. It shall not cover a period of more than one calendar year or any shorter period as indicated in their decision by the competent authorities concerned.	3. A written consent to a planned shipment shall expire on the later date as indicated in the notification document. It shall cover a period of two calendar years or, in exceptional cases that are duly justified with regard to serious environmental or human health concerns, any shorter period as indicated in their decision by the competent authorities concerned.

Or. en

Justification

Submission of a notification is a burdensome procedure, thus short validity periods will discourage otherwise justified shipments.

Amendment 31

Proposal for a regulation

Article 9 – paragraph 4

Text proposed by the Commission	Amendment
4. The planned shipment may take place only after fulfilment of the requirements set out in Article 16(1), points (a) and (b), and during the period of validity of the tacit or written consent of all competent authorities concerned. A shipment shall have left the country of dispatch by the end of the period of validity of the tacit or written consents of all competent authorities concerned.	4. The planned shipment may take place only after fulfilment of the requirements set out in Article 16(1), and during the period of validity of the tacit or written consent of all competent authorities concerned. A shipment shall have left the country of dispatch by the end of the period of validity of the tacit or written consents of all competent authorities concerned.

Or. en

Justification

Points (a) and (b) do not exist in Article 16(1) of this Regulation.

Amendment 32

Proposal for a regulation

Article 11 – paragraph 1 – point b

Text proposed by the Commission	Amendment
(b) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act in relation to environmental protection;	(b) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act that caused serious harm to the environment or human health;

Or. en

Justification

It is important to distinguish clearly between smaller administrative errors and significant illegal acts.

Amendment 33

Proposal for a regulation

Article 11 – paragraph 3

Text proposed by the Commission	Amendment
3. Where the competent authorities concerned have not authorised a planned shipment of waste destined for disposal within the 30-day time limit referred to in Article 9(1), the notification of that shipment shall cease to be valid and the shipment shall be prohibited in accordance with Article 4(1). In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.	3. Where the competent authorities concerned, for which tacit consent isnot allowed, have not authorised a planned shipment of waste destined for disposal within a time limit of 60 working days, the notification of that shipment shall cease to be valid and the shipment shall be prohibited in accordance with Article 4(1). In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.

Or. en

Justification

It should be clarified that this paragraph refers to authorities for whom no option of tacit consent exists. The notification in this Article automatically ceases to be valid after the time limit: thus, sufficient time should be allocated for this decision.

Amendment 34

Proposal for a regulation

Article 11 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. In accordance with Article 30, Member States may enter into agreements under which, in exceptional cases and for shipments of specific waste streams destined for disposal, the conditions provided for in paragraph 1, points (a) to (f), of this Article may be made less stringent in respect of cross-border shipments to the nearest suitable facility for disposal.

Or. en

Justification

See justification of Amendment to Article 30 – paragraph 1.

Amendment 35

Proposal for a regulation

Article 12 – paragraph 1 – point f

Text proposed by the Commission	Amendment
(f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relation to environmental protection.	(f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act that caused serious harm to the environment or human health.

Or. en

Justification

See justification for Amendment to Article 11 – paragraph 1 – point b.

Amendment 36

Proposal for a regulation

Article 13 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) the waste contained in the different shipments has essentially similar physical and chemical characteristics;	(a) the waste contained in the different shipments has essentially similar physical and chemical characteristics, to be interpreted in accordance with Article 28;

Or. en

Justification

It should be ensured that interpretations of "similar physical and chemical characteristics" are harmonised across Member States to facilitate efficient shipments of waste.

Amendment 37

Proposal for a regulation

Article 13 – paragraph 1 – point c

Text proposed by the Commission	Amendment
(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.	(c) the maximum of two different points of exit from and entry into each country concerned, as indicated in the notification document, are the same.

Or. en

Justification

In accordance with Annex II(14) it is important to specify that "routing" means "point of exit from and entry into each country concerned". The notifier should be allowed to cite up to two different options for respectively points of exit and points of entry, as unforeseen events, such as weather or road restrictions, may affect what is possible on the day of shipment.

Amendment 38

Proposal for a regulation

Article 13 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
Where, owing to unforeseen circumstances, the same routing cannot be followed for all shipments, the notifier shall inform the competent authorities concerned by the general notification as soon as possible and before the shipments start where the need for modification is already known.	Where, owing to unforeseen circumstances, the same points of exit from and entry into each Member State concerned as referred to in paragraph1, point (c), cannot be used for all shipments, the notifier shall inform the competent authorities concerned by the general notification as soon as possible and before the shipments start where the need for modification is already known.

Or. en

Justification

See justification for Amendment to Article 13 – paragraph 1 – point c.

Amendment 39

Proposal for a regulation

Article 14 – paragraph 2 – point g

Text proposed by the Commission	Amendment
(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.	(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 that caused serious harm to the environment or human health.

Or. en

Justification

See justification for Amendment to Article 11 – paragraph 1 – point b.

Amendment 40

Proposal for a regulation

Article 14 – paragraph 5

Text proposed by the Commission	Amendment
5. The competent authority shall, within 45 days after the date of receipt of the request referred to in paragraph 1, assess the request and decide whether to approve it;	5. The competent authority shall, within 45 working days after the date of receipt of the request referred to in paragraph 1, assess the request and decide whether to approve it;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 41

Proposal for a regulation

Article 14 – paragraph 9

Text proposed by the Commission	Amendment
9. Unless stated otherwise in the decision to approve the request for pre-consent, the pre-consent of a recovery facility shall be valid for seven years.	9. Unless stated otherwise in the decision to approve the request for pre-consent, the pre-consent of a recovery facility shall be valid for seven years. A pre-consent for a recovery facility issued by the competent authority in one Member State shall be valid in all Member States. However, a competent authority may revoke the approval for its Member State under the conditions set out in Article 14(10).

Or. en

Justification

To enable efficient shipments of waste, Member States should recognize pre-consents issued by other Member States, unless they decide to revoke this pre-consent on duly motivated grounds.

Amendment 42

Proposal for a regulation

Article 14 – paragraph 10

Text proposed by the Commission	Amendment
10. A pre-consent of a recovery facility may be revoked at any time by the competent authority. A decision to revoke a pre-consent shall be duly motivated and communicated to the facility concerned.	10. A pre-consent of a recovery facility may be revoked at any time by the competent authority. A decision to revoke a pre-consent shall be duly motivated and communicated to the facility concerned. A revocation shall be considered duly motivated in the event of incorrect information being supplied, a violation of conditions set out in Article 14(6), a conviction for illegal shipment or any other illegal act in relation to waste management, or in the event of the recovery facility posing a substantial risk to the environment or human health. The pre-consent shall be revoked only after consultation with the operator of the recovery facility, except in cases of imminent danger to the environment or human health.

Or. en

Justification

Legal clarity should be provided with regard to the conditions under which a revocation is "duly motivated". To the degree that it does not pose imminent danger, the pre-consented facility should be consulted, for the purpose of information-sharing, which may be to the benefit of both facility operators and authorities.

Amendment 43

Proposal for a regulation

Article 14 – paragraph 12

Text proposed by the Commission	Amendment
12. In the case of a general notification submitted in accordance with Article 13 relating to shipments destined to a pre-consented facility, the period of validity of the consent referred to in Article 9(3) and (4) shall be extended to three years. By way of derogation from this rule, the competent authorities concerned may decide to shorten that period in duly justified cases.	12. In the case of a general notification submitted in accordance with Article 13 relating to shipments destined to a pre-consented facility, the period of validity of the consent referred to in Article 9(3) and (4) shall be extended to five years. By way of derogation from this rule, the competent authorities concerned may decide to shorten that period in duly justified cases.

Or. en

Justification

See justification for Amendment to Article 9 – paragraph 3.

Amendment 44

Proposal for a regulation

Article 14 – paragraph 15

Text proposed by the Commission	Amendment
15. If one or more competent authorities wish to request additional information in accordance with Article 8(4), second subparagraph, in relation to a notification for shipments to a pre-consented facility, the time periods mentioned in that subparagraph, as well as in Article 8(5), first and second paragraphs, shall be shortened to one day for Article 8(4), second subparagraph, and Article 8(5), second subparagraph, and two days for Article 8(5), first subparagraph, respectively.	15. If one or more competent authorities wish to request additional information in accordance with Article 8(4), second subparagraph, in relation to a notification for shipments to a pre-consented facility, the time periods mentioned in that subparagraph, as well as in Article 8(5), first and second paragraphs, shall be shortened to one working day for Article 8(4), second subparagraph, and Article 8(5), second subparagraph, and two working days for Article 8(5), first subparagraph, respectively.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 45

Proposal for a regulation

Article 14 – paragraph 16 – subparagraph 3

Text proposed by the Commission	Amendment
The total time needed to take one of the decisions as referred to in Article 9(1) shall not exceed 30 days following the date of submission of the notification in accordance with Article 5.	The total time needed to take one of the decisions as referred to in Article 9(1) shall not exceed 30 working days following the date of submission of the notification in accordance with Article 5.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 46

Proposal for a regulation

Article 15 – paragraph 3

Text proposed by the Commission	Amendment
3. Within one day 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.	3. Within two working 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.

Or. en

Justification

The reduction from 3 to 1 days, based only on the shift to mandatory electronic communication, is too ambitious and unnecessarily strict.

Amendment 47

Proposal for a regulation

Article 15 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
As soon as possible, but no later than 30 days after completion of the interim recovery operation or interim disposal operation, and no later than one calendar year, or the shorter period referred to in Article 9(5), after the receipt of the waste, the facility carrying out this operation shall, under its responsibility, provide a certificate that the operation has been completed.	As soon as possible, but no later than 30 working days after completion of the interim recovery operation or interim disposal operation, and no later than one calendar year, or the shorter period referred to in Article 9(5), after the receipt of the waste, the facility carrying out this operation shall, under its responsibility, provide a certificate that the operation has been completed.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 48

Proposal for a regulation

Article 16 – paragraph 3

Text proposed by the Commission	Amendment
3. The facility shall, within one day of receipt of the waste, provide confirmation to the notifier and the relevant authorities that the waste has been received.	3. The facility shall, within two working days of receipt of the waste, provide confirmation to the notifier and the relevant authorities that the waste has been received.

Or. en

Justification

See justification for Amendment to Article 15 – paragraph 3.

Amendment 49

Proposal for a regulation

Article 16 – paragraph 4

Text proposed by the Commission	Amendment
4. The facility carrying out a non-interim recovery operation or disposal operation shall, as soon as possible and no later than 30 days after completion of that operation, and no later than one calendar year, or the shorter period referred to in Article 9(5), after receipt of the waste, certify, under its responsibility, that the non-interim recovery or disposal has been completed.	4. The facility carrying out a non-interim recovery operation or disposal operation shall, as soon as possible and no later than 30 working days after completion of that operation, and no later than one calendar year, or the shorter period referred to in Article 9(5), after receipt of the waste, certify, under its responsibility, that the non-interim recovery or disposal has been completed.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 50

Proposal for a regulation

Article 17 – paragraph 1

Text proposed by the Commission	Amendment
1. If any essential change is made to the details and/or conditions of the consented shipment, the notifier shall inform, the competent authorities concerned and the consignee immediately and, where possible, before the shipment starts. Changes in the intended quantity, route, routing, date of shipment or carrier shall constitute essential changes.	1. If any essential change is made to the details and/or conditions of the consented shipment, the notifier shall inform, the competent authorities concerned and the consignee immediately and, where possible, before the shipment starts. Changes in the intended quantity of wasteshipped of more than 15%, in the points of exit from and entry into each country concerned, in the date of shipment of more than two days or in the carrier shall constitute essential changes.

Or. en

Justification

Clarity must be given to what constitutes "essential changes". Route should not be considered essential. "Routing" changed to "points of exit from and entry into each country concerned" in accordance with Amendment to Article 13 – paragraph 1 – point c.

Amendment 51

Proposal for a regulation

Article 17 – paragraph 3

Text proposed by the Commission	Amendment
3. Where essential changes referred to in paragraph 1 involve competent authorities other than those concerned in the original notification, a new notification shall be submitted.	3. Where essential changes referred to in paragraph 1 involve competent authorities other than those concerned in the original notification, a new notification shall be submitted, unless the competent authorities concerned can reach an unanimous agreement to waive the need for a new notification .

Or. en

Amendment 52

Proposal for a regulation

Article 18 – paragraph 4

Text proposed by the Commission	Amendment
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 one day 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.	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 two working 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.

Or. en

Justification

See justification for Amendment to Article 15 – paragraph 3.

Amendment 53

Proposal for a regulation

Article 18 – paragraph 5

Text proposed by the Commission	Amendment
5. The recovery facility shall, as soon as possible and no later than 30 days after completion of the recovery operation, and no later than one calendar year after receipt of the waste, certify, under its responsibility, that the recovery has been completed by completing the relevant information contained in Annex VII.	5. The recovery facility shall, as soon as possible and no later than 30 working days after completion of the recovery operation, and no later than one calendar year after receipt of the waste, certify, under its responsibility, that the recovery has been completed by completing the relevant information contained in Annex VII.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 54

Proposal for a regulation

Article 21 – paragraph 1

Text proposed by the Commission	Amendment
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.	No later than 60 working days after giving a consent or making an objection, the competent authorities of dispatch or destination shall make publicly accessible the 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 competent authorities shall prevent the publication of confidential business information concerning the notifier or any personal data protected in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a .
	___________________
	1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

Or. en

Justification

Public access to key information on shipments of waste is essential to trust and oversight, and access should be granted within a reasonable time frame. This obligation should be without prejudice to what is considered as business secrets or personal data of the notifiers concerned.

Amendment 55

Proposal for a regulation

Article 22 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
The take-back referred to in the first subparagraph shall take place within 90 days, or such other period as may be agreed between the competent authorities concerned, after the competent authority of dispatch becomes aware or has been advised by the competent authorities of destination or transit that the consented shipment of waste or its recovery or disposal cannot be completed as intended and has been informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.	The take-back referred to in the first subparagraph shall take place within 90 working days, or such other period as may be agreed between the competent authorities concerned, after the competent authority of dispatch becomes aware or has been advised by the competent authorities of destination or transit that the consented shipment of waste or its recovery or disposal cannot be completed as intended and has been informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 56

Proposal for a regulation

Article 22 – paragraph 10

Text proposed by the Commission	Amendment
10. Where a notifier specified in Article 3, point (6)(a)(iv), fails to fulfil any of the take-back obligations set out in this Article and Article 23, the original waste producer, the new waste producer or the collector specified in Article 3, points (6)(a)(i), (ii) or (iii), respectively who authorised the dealer or broker to act on its behalf shall be deemed to be the notifier for the purposes of those take-back obligations.	10. Where a notifier specified in Article 3, point (6)(a)(iv), is unknown or insolvent and fails to fulfil any of the take-back obligations set out in this Article and Article 23, the original waste producer, the new waste producer or the collector specified in Article 3, points (6)(a)(i), (ii) or (iii), respectively who authorised the dealer or broker to act on its behalf shall be deemed to be the notifier for the purposes of those take-back obligations.

Or. en

Justification

It should be specified that a dealer or a broker acting as notifier may not simply avoid its potential take-back obligation. Those who are causally involved in the shipment should be held liable, and only in case of being unknown or insolvent should the responsibility resort to the original waste producer.

Amendment 57

Proposal for a regulation

Article 24 – paragraph 1

Text proposed by the Commission	Amendment
1. Where a competent authority discovers a shipment that it considers to be an illegal shipment, it shall immediately inform the other competent authorities concerned.	1. Where a competent authority discovers a shipment that it considers to be an illegal shipment, it shall immediately inform the other competent authorities concerned. The other competent authorities concerned increase screening procedures regarding subsequent shipments in order to prevent any further illegal shipments.

Or. en

Amendment 58

Proposal for a regulation

Article 24 – paragraph 2 – subparagraph 2

Text proposed by the Commission	Amendment
The take-back, recovery or disposal referred to in the first subparagraph shall take place within 30 days, or such other period as may be agreed between the competent authorities concerned after the competent authority of dispatch becomes aware of or has been advised by the competent authorities of destination or transit of the illegal shipment and informed of the reasons therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.	The take-back, recovery or disposal referred to in the first subparagraph shall take place within 30 working days, or such other period as may be agreed between the competent authorities concerned after the competent authority of dispatch becomes aware of or has been advised by the competent authorities of destination or transit of the illegal shipment and informed of the reasons therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 59

Proposal for a regulation

Article 24 – paragraph 3

Text proposed by the Commission	Amendment
3. Where a notifier specified in Article 3, point (6)(a)(iv), fails to fulfil any of the take-back obligations set out in this Article and Article 25, the original waste producer, the new waste producer or the collector specified in Article 3, points (6)(a)(i), (ii) or (iii), respectively who authorised that dealer or broker to act on its behalf shall be deemed to be the notifier for the purposes of those take-back obligations.	3. Where a notifier specified in Article 3, point (6)(a)(iv), is unknown or insolvent and fails to fulfil any of the take-back obligations set out in this Article and Article 25, the original waste producer, the new waste producer or the collector specified in Article 3, points (6)(a)(i), (ii) or (iii), respectively who authorised that dealer or broker to act on its behalf shall be deemed to be the notifier for the purposes of those take-back obligations.

Or. en

Justification

Se justification for amendment to Article 22 – paragraph 10.

Amendment 60

Proposal for a regulation

Article 24 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
The recovery or disposal referred to in the first subparagraph shall take place within 30 days, or such other period as may be agreed between the competent authorities concerned after the competent authority of destination becomes aware of or has been advised by the competent authorities of dispatch or transit of the illegal shipment and informed of the reason(s) therefore. Such advice may result from information submitted to the competent authorities of dispatch and transit, inter alia, by other competent authorities.	The recovery or disposal referred to in the first subparagraph shall take place within 30 working days, or such other period as may be agreed between the competent authorities concerned after the competent authority of destination becomes aware of or has been advised by the competent authorities of dispatch or transit of the illegal shipment and informed of the reason(s) therefore. Such advice may result from information submitted to the competent authorities of dispatch and transit, inter alia, by other competent authorities.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 61

Proposal for a regulation

Article 26 – paragraph 1 – introductory part

Text proposed by the Commission	Amendment
1. The following information and documents shall be submitted and exchanged via electronic means, either via the central system referred to in paragraph 2, or via a national system in accordance with paragraph 3:	1. The following information, data and documents shall be submitted and exchanged via electronic means, either via the central system referred to in paragraph 2, or via a national system interlinked with the central system in accordance with paragraph 3:

Or. en

Justification

Recital 22 refers to both information and data. It is important to the effective processing of notifications, exchange of information between authorities and reporting, that the electronic system is inclusive and ambitious.

Amendment 62

Proposal for a regulation

Article 26 – paragraph 2 – subparagraph 1

Text proposed by the Commission	Amendment
The Commission shall operate a central system that allows for the electronic submission and exchange of information and documents referred to in paragraph 1. That central system shall provide a hub that shall be used for the exchange in real time of the information and documents referred to in paragraph 1 between existing national systems for electronic data interchange.	The Commission shall operate a central system that allows for the electronic submission and exchange of information, data and documents referred to in paragraph 1. That central system shall provide a hub that shall be used for the exchange in real time of the information and documents referred to in paragraph 1 between existing national systems for electronic data interchange. The central system shall store data, which would make reporting and analysis of, inter alia, the frequency of objections, the time between notification submitted and decision taken, and the number of notifications for different types of recovery operations possible.

Or. en

Justification

See justification for Amendment to Article 26 – paragraph 1 – introductory part.

Amendment 63

Proposal for a regulation

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

Text proposed by the Commission	Amendment
	(aa) plans for evaluating, inter alia, the functionality, effects on the administrative burden on competent authorities and notifiers, and other relevant aspects of the central system, including the frequency, methodology for and content of those evaluations;

Or. en

Justification

To ensure that the system will continue to bring benefits to users, it must be regularly evaluated.

Amendment 64

Proposal for a regulation

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

Text proposed by the Commission	Amendment
	(ab) timelines and theenvisaged content of updates to the functionality of the central system; such updates may be based on evaluations, as carried out by the Commission in accordance with this Article, and on direct feedback from competent authorities, for instance through the waste shipment cooperation group, and other users.

Or. en

Justification

It is important that the electronic system will continuously be updated to keep up with new technical potentials for improvement and demands of users of the system.

Amendment 65

Proposal for a regulation

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

Text proposed by the Commission	Amendment
	(ac) procedures to safeguard the continuance of waste shipments, for instance provisional acceptance of physical copies or screenshots of key documents, in case of failure of the central system;

Or. en

Justification

Even short term disturbances in access to the central system may cause significant disturbances to shipments of waste. Thus, it should be ensured that a procedure is in place in case of e.g. cyberattacks on the EU digital infrastructure.

Amendment 66

Proposal for a regulation

Article 27 – paragraph 1

Text proposed by the Commission	Amendment
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.	1. Any notification, information, documentation or other communication in English language submitted pursuant to the provisions of this Title shall be accepted by the competent authorities concerned except where they require a translation into their official language. Competent authorities concerned may require a translation into the official language of their Member State only in exceptional and duly motivated cases.

Or. en

Justification

See justification for Amendment to Recital 30.

Amendment 67

Proposal for a regulation

Article 27 – paragraph 2

Text proposed by the Commission	Amendment
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 request.	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, only where they so request in exceptional and duly justified cases.

Or. en

Justification

See justification for Amendment to Recital 30.

Amendment 68

Proposal for a regulation

Article 28 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. In the event of disagreement in relation to the distinction between waste and non-waste, or to the classification of a waste, or to the classification of the waste treatment, any of the competent authorities concerned may ask the waste shipment cooperation group, pursuant to Article 28a(4), to put such matters of disagreement on the agenda of the earliest subsequent meeting of the group and to take a decision on the matter.

Or. en

Justification

See justification for Amendment proposing new article on "Waste shipment cooperation group".

Amendment 69

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 1

Text proposed by the Commission	Amendment
In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV.	In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV, and the thresholds for characterising physical and chemical characteristics as being essentially similar. Contamination thresholds shall be based on weight of the transported load.

Or. en

Justification

Calculation methods for contamination thresholds should be clear and predictable. Interpretation of characteristics should, in accordance with justification for Amendment to Article 13 – paragraph 1 – point a, be harmonised.

Amendment 70

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 2

Text proposed by the Commission	Amendment
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, for specific categories of commodities for which this distinction is of particular importance for the export of waste from the Union.	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, for specific categories of commodities for which this distinction is of particular importance for the export of waste from the Union. The criteria provided for in those delegated acts and those provided for in Directive 2008/98/EC and other relevant Union legislation shall be uniform.

Or. en

Justification

To avoid legal uncertainty, consistency must be established between relevant EU legislation.

Amendment 71

Proposal for a regulation

Article 28 – paragraph 4 – subparagraph 2 a (new)

Text proposed by the Commission	Amendment
	The delegated acts referred to in the second subparagraph shall be updated regularly to ensure that criteria and classifications take into account inter alia new technologies for waste processing.

Or. en

Justification

To facilitate intra-EU shipments, the classifications of waste across the EU should be in line with progress in technology for recovery of materials from waste.

Amendment 72

Proposal for a regulation

Article 28 a (new)

Text proposed by the Commission	Amendment
	Article 28a
	Waste shipment cooperation group
	1. A cooperation group shall be established to facilitate and improve cooperation between the Member States in order to prevent fragmentation and unlock the potential of the Union market for shipments of waste (the ‘waste shipment cooperation group’)
	2. The waste shipment cooperation group shall consist of representatives of each Member State's relevant authorities. It shall be chaired by representative or representatives of the Commission.
	3. The waste shipment cooperation group shall be a forum for sharing information on general trends relating to the Union market for shipments of waste, for resolving disagreements on classification issues between Member States, for discussing the inter-linkage between this Regulation and national legislation on environment and waste management, and other issues related to unjustified barriers in the Union market for shipments of waste. The waste shipment cooperation group shall also facilitate the sharing of best practices and facilitate cooperation and coordination between relevant authorities.
	4. The waste shipment cooperation group may examine any technical question relating to the application of this Regulation raised by the chairperson, either on his or her own initiative or at the request of the members of the group, including with regard to the application of the system for electronic exchange of information. The group shall also deal with questions related to disagreements on classification issues as referred to in Article 28 and multilateral agreements as referred to in Article 30.
	5. The waste shipment cooperation group shall meet at least twice a year. In addition to the members referred to in paragraph 2, the chairperson may invite, where appropriate, representatives of other relevant institutions, bodies, offices, trade or industrial associations, agencies or networks to the meetings. These representatives may have an advisory role and may also, on an independent basis, ask for cases or topics to be put on the agenda of the waste shipment cooperation group, after approval of the chairperson.
	6. The waste shipment cooperation group shall publish an annual report based on information gathered regarding issues and solutions to ensuring a well-functioning Union market for shipments of waste, as recommended by Member States' relevant authorities. For the purpose of this report, the group shall have access to data gathered through the central system. On the basis of such annual report, the waste shipment cooperation group may make recommendations to the Commission, which shall make its reply to those recommendations public.

Or. en

Justification

To ensure the swift transition to a circular economy and incentivise shipments for environmentally sound waste management within Europe, Member States must have a permanent platform for exchanging on i.a. classifications and any measures which may pose barriers to the EU internal waste market.

Amendment 73

Proposal for a regulation

Article 30 – title

Text proposed by the Commission	Amendment
Border-area agreements	Multilateral agreements

Or. en

Justification

See justification of Amendment to Article 30 – paragraph 1.

Amendment 74

Proposal for a regulation

Article 30 – paragraph 1

Text proposed by the Commission	Amendment
1. In exceptional cases, and where the specific geographical or demographical situation warrants such a step, Member States may conclude bilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two Member States concerned.	1. In exceptional cases, and where the specific geographical or demographical situation warrants such a step, Member States may conclude multilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two Member States concerned.
	Multilateral agreements may also in exceptional cases be concluded for shipments of waste destined for disposal pursuant to Article 11, if the geographical and demographical situation warrants such a step.
	Multilateral agreements shall demonstrate that the waste is treated in accordance with the waste hierarchy and the principles of proximity and self-sufficiency at Union and national levels, as laid down in Directive 2008/98/EC; that the waste is treated in accordance with environmental protection standards, in accordance with Union legislation; that, if the facility is covered by Directive 2010/75/EU, the best available techniques as defined in Article 3(10) of that Directive are applied in compliance with the permit for the facility; and that the agreements do not lead to a significant harmful fragmentation of the Union market for shipments of waste.

Or. en

Justification

Multilateral agreements may bring benefits such as reduced administrative burdens, and thus should be considered in exceptional cases. In some cases, it may be justified to conclude these agreements multilaterally rather than bilaterally. It is of utmost importance that these activities under these agreements are carried out in respect of Union legislation and the principles contained therein. Article 11 provides that shipments of waste for disposal are prohibited, except if certain conditions are met, in which case shipments of waste can be approved. In respect of the principle of self-sufficiency at Union and national levels, and that not all Member States may be in possession of sufficient waste disposal facilities for all specific waste streams, multilateral cooperation as regards waste disposal should be possible as part of multilateral agreements.

Amendment 75

Proposal for a regulation

Article 30 – paragraph 2

Text proposed by the Commission	Amendment
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.	2. The 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.

Or. en

Justification

See justification of Amendment to Article 30 – paragraph 1.

Amendment 76

Proposal for a regulation

Article 30 – paragraph 3

Text proposed by the Commission	Amendment
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.	3. Member States may also conclude agreements referred to in paragraph 1 with countries that are parties to the Agreement on the European Economic Area.

Or. en

Justification

See justification of Amendment to Article 30 – paragraph 1.

Amendment 77

Proposal for a regulation

Article 30 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. Upon the initiative of the chairperson or at the request of the members of the group the waste shipment cooperation group shall verify the agreements referred to in this Article to ensure that they do not cause harmful fragmentation of the Union market for shipments of waste.

Or. en

Justification

Any significant harmful fragmentation of the EU market for waste shipments must be avoided. Thus, the waste shipment cooperation group should be tasked with i.a. overlooking these agreements.

Amendment 78

Proposal for a regulation

Article 31 – paragraph 1 – point a

Text proposed by the Commission	Amendment
(a) where the third country is a Party to the Basel Convention, within 60 days, unless it has waived this right in accordance with the terms of that Convention; or	(a) where the third country is a Party to the Basel Convention, within 60 working days, unless it has waived this right in accordance with the terms of that Convention; or

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 79

Proposal for a regulation

Article 35 – paragraph 2 – point d

Text proposed by the Commission	Amendment
(d) the competent authority of transit outside the Union shall have 60 days after the date of transmission of its acknowledgement of receipt of the notification to provide, where the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions;	(d) the competent authority of transit outside the Union shall have 60 working days after the date of transmission of its acknowledgement of receipt of the notification to provide, where the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 80

Proposal for a regulation

Article 35 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) the competent authority of dispatch in the Union shall take the decision to consent to the shipment as referred to in Article 9 only after having received written consent from the competent authority of destination and, where appropriate, the tacit or written consent of the competent authority of transit outside the Union, and not earlier than 61 days after the date of transmission of the acknowledgement of receipt of the notification by the competent authority of transit, unless the competent authority of dispatch has the written consent of the other competent authorities concerned, in which case it may take the decision as referred to in Article 9 before that time limit.	(e) the competent authority of dispatch in the Union shall take the decision to consent to the shipment as referred to in Article 9 only after having received written consent from the competent authority of destination and, where appropriate, the tacit or written consent of the competent authority of transit outside the Union, and not earlier than 61 working days after the date of transmission of the acknowledgement of receipt of the notification by the competent authority of transit, unless the competent authority of dispatch has the written consent of the other competent authorities concerned, in which case it may take the decision as referred to in Article 9 before that time limit.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 81

Proposal for a regulation

Article 35 – paragraph 3 – point e

Text proposed by the Commission	Amendment
(e) where, 42 days after the waste has left the Union, the competent authority of dispatch in the Union has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination thereof;	(e) where, 42 working days after the waste has left the Union, the competent authority of dispatch in the Union has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination thereof;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 82

Proposal for a regulation

Article 35 – paragraph 3 – point f – point ii

Text proposed by the Commission	Amendment
(ii) the facility shall, within three days of receipt of the waste for disposal, send signed copies of the completed movement document, except for the certificate of disposal referred to in point (iii), to the notifier and the competent authorities concerned;	(ii) the facility shall, within three working days of receipt of the waste for disposal, send signed copies of the completed movement document, except for the certificate of disposal referred to in point (iii), to the notifier and the competent authorities concerned;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 83

Proposal for a regulation

Article 35 – paragraph 3 – point f – point iii

Text proposed by the Commission	Amendment
(iii) the facility shall, as soon as possible but no later than 30 days after completion of the disposal and in any case no later than one calendar year after the receipt of the waste under its responsibility, certify that the disposal has been completed and shall send signed copies of the movement document containing that certification to the notifier and to the competent authorities concerned;	(iii) the facility shall, as soon as possible but no later than 30 working days after completion of the disposal and in any case no later than one calendar year after the receipt of the waste under its responsibility, certify that the disposal has been completed and shall send signed copies of the movement document containing that certification to the notifier and to the competent authorities concerned;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 84

Proposal for a regulation

Article 38 – paragraph 4 – introductory part

Text proposed by the Commission	Amendment
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:	4. The Commission shall regularly, and at least every year following its establishment, update the list of countries to which exports are authorised, in order to:

Or. en

Justification

To incentivise the requested investments in recycling facilities in non-OECD countries, as well as ensure that countries who do not comply with requirements are removed swiftly, the list of countries authorised should be updated often.

Amendment 85

Proposal for a regulation

Article 41 – paragraph 3 – subparagraph 2 – point b

Text proposed by the Commission	Amendment
(b) the facility shall, within three days of receipt of the waste for recovery, send signed copies of the completed movement document, except for the certificate of recovery referred to in point (c), to the notifier and the competent authorities concerned;	(b) the facility shall, within three working days of receipt of the waste for recovery, send signed copies of the completed movement document, except for the certificate of recovery referred to in point (c), to the notifier and the competent authorities concerned;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 86

Proposal for a regulation

Article 41 – paragraph 3 – subparagraph 2 – point c

Text proposed by the Commission	Amendment
(c) the facility shall, as soon as possible but no later than 30 days after completion of the recovery, and in any case no later than one calendar year after the receipt of the waste, under its responsibility, certify that the recovery has been completed and shall send signed copies of the movement document containing that certification to the notifier and to the competent authorities concerned.	(c) the facility shall, as soon as possible but no later than 30 working days after completion of the recovery, and in any case no later than one calendar year after the receipt of the waste, under its responsibility, certify that the recovery has been completed and shall send signed copies of the movement document containing that certification to the notifier and to the competent authorities concerned.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 87

Proposal for a regulation

Article 41 – paragraph 5 – point a

Text proposed by the Commission	Amendment
(a) the competent authority of transit of the country to which the OECD Decision does not apply shall have 60 days after the date of transmission of its acknowledgement of receipt of the notification, to provide, where the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions;	(a) the competent authority of transit of the country to which the OECD Decision does not apply shall have 60 working days after the date of transmission of its acknowledgement of receipt of the notification, to provide, where the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 88

Proposal for a regulation

Article 41 – paragraph 5 – point b

Text proposed by the Commission	Amendment
(b) the competent authority of dispatch in the Union shall take the decision to consent to the shipment as referred to in Article 9 only after having received tacit or written consent from the competent authority of transit of the country to which the OECD Decision does not apply, and not earlier than 61 days after the date of transmission of the acknowledgement of receipt of the competent authority of transit, unless the competent authority of dispatch has received the written consent of the other competent authorities concerned, in which case it may take the decision as referred to in Article 9 before that time limit.	(b) the competent authority of dispatch in the Union shall take the decision to consent to the shipment as referred to in Article 9 only after having received tacit or written consent from the competent authority of transit of the country to which the OECD Decision does not apply, and not earlier than 61 working days after the date of transmission of the acknowledgement of receipt of the competent authority of transit, unless the competent authority of dispatch has received the written consent of the other competent authorities concerned, in which case it may take the decision as referred to in Article 9 before that time limit.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 89

Proposal for a regulation

Article 42 – paragraph 1

Text proposed by the Commission	Amendment
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. 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.	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. 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. The Commission shall establish guidelines for the monitoring of exports of waste.

Or. en

Justification

For transparency and legal clarity, the Commission shall establish public guidelines for monitoring exports of waste.

Amendment 90

Proposal for a regulation

Article 42 – paragraph 2

Text proposed by the Commission	Amendment
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, 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.	2. In cases where the export of a specific waste stream from the Union to a country to which the OECD Decision applies has increased by 30% over three months compared to the previous three-month period, 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 working 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.

Or. en

Justification

Legal certainty regarding the interpretation of this provision should be ensured, and thus a specific limit must be established, in order to avoid incoherent implementation or circumvention.

Amendment 91

Proposal for a regulation

Article 43 – paragraph 2

Text proposed by the Commission	Amendment
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.	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 certified using established, internationally recognised standards, and relevant experience.

Or. en

Justification

It must be ensured that the third party carrying out the audit has the sufficient qualifications.

Amendment 92

Proposal for a regulation

Article 43 – paragraph 5

Text proposed by the Commission	Amendment
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.	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 and without disclosing information about the person commissioning the audit, which may breach business confidentiality. The Commission shall establish a central, publicly available register for audited facilities.

Or. en

Justification

Only information about the facility should be made available to other persons intending to export waste to the facility, not sensitive information about e.g. contracts. To ensure transparency and facilitate the procedures surrounding audits, a central register of audited facilities should be established.

Amendment 93

Proposal for a regulation

Article 43 – paragraph 8

Text proposed by the Commission	Amendment
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, 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.	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, 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. Such international agreements shall be made publicly available by the Commission in a central register.

Or. en

Justification

To ensure transparency and facilitate the procedures surrounding international agreements, a central register of international agreements should be established.

Amendment 94

Proposal for a regulation

Article 48 – paragraph 2 – point e

Text proposed by the Commission	Amendment
(e) the competent authority of transit outside the Union shall have 60 days after the date of transmission of its acknowledgement of receipt of the notification, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions;	(e) the competent authority of transit outside the Union shall have 60 working days after the date of transmission of its acknowledgement of receipt of the notification, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions;

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2.

Amendment 95

Proposal for a regulation

Article 56 – paragraph 2

Text proposed by the Commission	Amendment
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 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.	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 residues generated as a result of waste management at the destination facility, 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.

Or. en

Justification

When a waste treatment facility generate residue, which may contain harmful substances, from the treatment of exported waste, it should be ensured that environmentally sound waste management also includes this.

Amendment 96

Proposal for a regulation

Article 63 – paragraph 3 a (new)

Text proposed by the Commission	Amendment
	3a. The enforcement group shall publish an annual report on trends in illegal shipments and best practices to tackle them, as recommended by Member State competent authorities.

Or. en

Justification

It must be ensured that the work of the enforcement group is shared with other institutions and actors in the sector to improve the effective elimination of illegal shipments.

Amendment 97

Proposal for a regulation

Article 63 – paragraph 3 b (new)

Text proposed by the Commission	Amendment
	3b. Within two years of its establishment, the enforcement group shall propose to the Commission an action plan to tackle illegal shipments of waste. The proposal for an action plan shall be updated at least every four years based on new or persisting trends in illegal shipments and enforcement activities. The Commission shall provide a justification, where it decides not to carry out actions based on those recommendations within two years of the recommendations being made.

Or. en

Justification

It must be ensured that the work of the enforcement group is shared with other institutions and actors in the sector to improve the effective elimination of illegal shipments.

Amendment 98

Proposal for a regulation

Article 63 – paragraph 4

Text proposed by the Commission	Amendment
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 or networks.	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 industrial associations, or networks.

Or. en

Justification

It should be clarified that where the group finds it to be relevant, they may also invite e.g. representatives of the industry to their meetings.

Amendment 99

Proposal for a regulation

Article 69 – paragraph 4 a (new)

Text proposed by the Commission	Amendment
	4a. In the report, referred to in paragraph 4, the Commission shall include data from the central system such as, , data showing the average time the competent authorities need to take a decision referred to in Article 9(2).

Or. en

Justification

It is important that all available data are utilized in assessing the implementation of the Regulation. A central information with regard to implementation is the decision times, including how they are affected over time by e.g. the central system.

Amendment 100

Proposal for a regulation

Annex IA – Block 7

Text proposed by the Commission	Amendment
PACKAGING TYPES (Block 7)	PACKAGING TYPES (Block 7)
1.Drum	1.Drum
2.Wooden barrel	2.Wooden barrel
3.Jerrican	3.Jerrican
4.Box	4.Box
5.Bag	5.Bag
6.Composite packaging	6.Composite packaging
7.Pressure receptacle	7.Pressure receptacle
8.Bulk	8.Bulk
9.Other (specify)	9. Baled
	10. Other (specify)

Or. en

Amendment 101

Proposal for a regulation

Annex IB – Block 7

Text proposed by the Commission	Amendment
PACKAGING TYPES (Block 7)	PACKAGING TYPES (Block 7)
1.Drum	1.Drum
2.Wooden barrel	2.Wooden barrel
3.Jerrican	3.Jerrican
4.Box	4.Box
5.Bag	5.Bag
6.Composite packaging	6.Composite packaging
7.Pressure receptacle	7.Pressure receptacle
8.Bulk	8.Bulk
9.Other (specify)	9. Baled
	10. Other (specify)

Or. en

Amendment 102

Proposal for a regulation

Annex IC – Part V – point 46 – subparagraph 1

Text proposed by the Commission	Amendment
Block 18: This block is to be completed by the authorised representative of the disposal or recovery facility upon receipt of the waste consignment. Tick the box of the appropriate type of facility. With regard to the quantity received, please refer to the specific instructions on block 5 (paragraph 36). A signed copy of the movement document is given to the last carrier. If the shipment is rejected for any reason, the representative of the disposal or recovery facility must immediately contact his or her competent authority. According to Article 16(3) or, if appropriate, 15(3) of this Regulation and the OECD Decision, confirmation to the notifier and the relevant authorities that the waste has been received must be provided within one day (with the exception of those OECD transit countries which have informed the OECD Secretariat that they do not wish to receive such copies of the movement document). The original movement document shall be retained by the disposal or recovery facility.	Block 18: This block is to be completed by the authorised representative of the disposal or recovery facility upon receipt of the waste consignment. Tick the box of the appropriate type of facility. With regard to the quantity received, please refer to the specific instructions on block 5 (paragraph 36). A signed copy of the movement document is given to the last carrier. If the shipment is rejected for any reason, the representative of the disposal or recovery facility must immediately contact his or her competent authority. According to Article 16(3) or, if appropriate, 15(3) of this Regulation and the OECD Decision, confirmation to the notifier and the relevant authorities that the waste has been received must be provided within two working days (with the exception of those OECD transit countries which have informed the OECD Secretariat that they do not wish to receive such copies of the movement document). The original movement document shall be retained by the disposal or recovery facility.

Or. en

Justification

See justification for Amendment to Article 8 – paragraph 2 and justification for Amendment to Article 15 – paragraph 3.

Amendment 103

Proposal for a regulation

Annex VIII – Part 2 –point 6

Text proposed by the Commission	Amendment
6. Please provide a list of facilities authorised under the domestic legislation of the country to recover the waste(s) covered by this request (including at least the name and address of these facilities, their permit number, the types of waste(s) that they are authorised to recover and their authorised treatment capacity). This should preferably be provided through a website link where information on the concerned facilities is publicly and electronically accessible (e.g. website link of the competent authority).	6. Please provide a list of facilities authorised under the domestic legislation of the country to recover the waste(s) covered by this request (including at least the name and address of these facilities, their permit number, the types of waste(s) that they are authorised to recover, their authorised treatment capacity, and the technological capability of the facilities). This should preferably be provided through a website link where information on the concerned facilities is publicly and electronically accessible (e.g. website link of the competent authority).

Or. en

Justification

It is important to have access to information about the technologies for waste treatment available at the facilities, as it is essential for the quality of the recycling.

Amendment 104

Proposal for a regulation

Annex X – point 1 – point b

Text proposed by the Commission	Amendment
(b) it is designed, constructed and operated in a safe and environmentally sound manner and, in particular, it has the required processes, organisation and infrastructure in place to treat the waste in question, and insurances covering potential risks and liabilities. To this end, as a minimum, information on the waste treatment methods, including how they deal with residual waste, notably through downstream traceability, must be checked;	(b) it is designed, constructed and operated in a safe and environmentally sound manner and, in particular, it has the required processes, appropriate recycling technology, organisation and infrastructure in place to treat the waste in question, and insurances covering potential risks and liabilities. To this end, as a minimum, information on the waste treatment methods, including how they deal with residual waste, notably through downstream traceability, must be checked;

Or. en

Justification

Recycling technology is important for the quality of the recycled output.

Amendment 105

Proposal for a regulation

Annex X – point 1 – point e

Text proposed by the Commission	Amendment
(e) it has taken measures designed to save energy and limit the emissions of greenhouse gases linked to its activities;	(e) it has taken measures designed to apply energy efficient solutions and limit the emissions of greenhouse gases linked to its activities seen from a life-cycle perspective;

Or. en

Amendment 106

Proposal for a regulation

Annex X – point 1 – point f

Text proposed by the Commission	Amendment
(f) it establishes and is able to provide records of its waste management and waste shipment activities for the last five years;	(f) it establishes and is able to provide records of its waste management and waste shipment activities for the last five years; if a plant has operated for less than five years, it provides records for as many years as the facility has operated;

Or. en

Justification

Clarity should be provided regarding conditions for facilities which have operated in less than five years, as newer facilities shall not be in disadvantaged conditions.

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:

Entity and/or person
Advanced Waste Treatment Facilities (A2A, AVR and EEW)
Bureau of International Recycling
Cefic
CEMBUREAU
CMA CGM
Confederation of Danish Industries
Confederation of Finnish Industries (EK)
Danish Shipping
DIGITAL EUROPE
EUCOPRO
EuRIC
Eurits
EuroCommerce
Eurometaux
European Community Shipowners’ Associations (ECSA)
European Environmental Bureau (EEB)
European insulation Manufacturers Association (Eurima)
European Paper Packaging Alliance
EUROSHORE
FEAD
FNADE
Fortum
Green Transition Denmark
Hazardous Waste Europe
H&M Group
Inditex
Kvistgaard Jern & Metal
LyondellBasell
Maersk
Municipal Waste Europe
Plastic Recyclers Europe
Plastics Europe
Re-Match
Rethink Plastic Alliance (CIEL, ClientEarth, ECOS, EEB. EIA, Greenpeace, Seas at Risk. Surfrider Foundation, Zero Waste Europe)
Skylight
STENA RECYCLING
Sundolitt
Technical University of Denmark (DTU)
The Danish Chamber of Commerce
The Danish Society of Engineers (IDA)
The European Steel Association (EUROFER)
The Federation of German Industries (BDI)
The Federation of Norwegian Industries
The German Steel Federation (Wirtschaftsvereinigung Stahl)
The Policy Hub – Circularity for Apparel and Footwear
Trebo
Zero Waste Europe