Changes from plenary report to adopted text

Article 43 – paragraph 4 – subparagraph 2: A natural or legal person exporting waste from the Union shall also carry out ad-hoc audit without delay in case it receives evidence that a facility no longer complies with the criteria laid down in Annex X.

Article 43 – paragraph 7 – subparagraph 1 a (new): Natural or legal persons exporting waste outside the Union shall provide an audit report, formulated on the basis of the audit as referred to in paragraph 2, to the Commission prior to exporting that waste.

Article 43 – paragraph 7 a (new): 7a. The Commission shall establish and maintain a central, publicly accessible and up-to date register of audited facilities. The register shall contain the names and location of the audited facilities and the date of the most recent audit. The information shall not include confidential business information or information about the person commissioning the audit. Disclosure of personal data protected in accordance with the Regulation (EU) 2016/679 (‘GDPR’) shall also be prevented.

Article 43 – paragraph 8: 8. Where an international agreement between the Union and a third country to which the OECD Decision applies recognises that the facilities in that third country will manage waste in an environmentally sound manner, as referred to in Article 56 and in accordance with the criteria laid down in Annex X, natural and legal persons which intend to export waste to that third country shall be exempted from the obligation in paragraph 2. / A natural or legal person exporting waste from the Union to a facility in a third country with which the Union has concluded an international agreement shall carry out ad-hoc audit without delay in the event it receives evidence that a facility no longer complies with the criteria laid down in Annex X. The natural or legal person shall in such a case notify the competent authorities of dispatch of that evidence as well as its plans to carry out an ad-hoc audit.

Article 43 – paragraph 9 a (new): 9a. The Commission shall adopt guidelines with regard to the application of this Article.

Article 56 – paragraph 2: 2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste, as well as any residual waste generated through the recovery operation, will be managed in accordance with human health and environmental protection requirements that are considered equivalent to the human health and environmental protection requirements laid down in Union legislation, in particular those referred to in part 1 of Annex IX, and using as points of reference the international guidance as specified in part 2 of that same Annex and respecting the international Conventions on labour rights, as referred to in part 2a of the same Annex. When assessing such considered equivalence, full compliance with requirements stemming from Union legislation shall not be required, but it shall be demonstrated that the requirements applied and enforced in the country of destination ensure a similar level of protection of human health and the environment than the requirements stemming from Union legislation.

Article 56 – paragraph 2 a (new): 2a. By [insert the date 18 months after the date of publication of this regulation], the Commission shall adopt guidelines clarifying the use of relevant best available techniques with respect to the assessment of equivalence.

Article 56 – paragraph 2 b (new): 2b. By [insert the date 2 years after the date of entry into force of this Regulation], the Commission shall publish a report on the establishment of mandatory recycled content targets for products, particularly but not limited to, products made out of plastic, if not already applicable under Union legislation. Where appropriate, that report shall be accompanied by legislative proposals.

Article 56 – paragraph 2 c (new): 2c. The Commission shall, by … [OJ: please insert the date one year after the date of entry into force of this Regulation], publish a report assessing the impacts on environmentally sound management of plastic waste within the Union related to the phase-out of exports of plastic waste outside of the Union and EFTA countries. Where appropriate, it shall be accompanied by measures to mitigate identified adverse impacts on the Union waste management capacity for environmentally sound management of plastic waste and promote innovation and investments in that sector.

Article 57 – paragraph 2 – point a a (new): (aa) at collection, at storage and at sorting facilities;

Article 57 – paragraph 2 a (new): 2a. Member States shall carry out inspections to prevent and detect illegal shipments of waste on the basis of a Union risk-based targeting mechanism. / In order to ensure the harmonisation of inspections, the Commission shall adopt implementing acts to define the detailed elements of the Union risk-based targeting mechanism. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Article 58 – paragraph 1: 1. Inspections of shipments shall include at least verification of documents, confirmation of the identity of the actors involved in those shipments and physical checking of the waste.

Article 58 – paragraph 2 – subparagraph 1 – point a a (new): (aa) as to the audit report pursuant to Article 42;

Article 58 – paragraph 5: 5. In order to ascertain whether a shipment of waste subject to the general information requirements set out in Article 18 is destined for recovery operations which are in accordance with Article 56, the authorities involved in inspections shall require the person who arranges the shipment to submit the audit report required in Article 42 as well as, where appropriate relevant documentary evidence, provided by the interim and non-interim recovery facility and, if necessary, approved by the competent authority of destination.

Article 58 – paragraph 6: 6. Where the evidence referred to in paragraph 4 or paragraph 5 has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment and shall be dealt with in accordance with Articles 24 and 25. The authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.

Article 59 – paragraph 2 – introductory part: 2. Inspection plans shall include the minimum number of physical checks of facilities and waste shipments in line with the risk assessment conducted pursuant to article 59, paragraph 1. The plans shall not contain any details about operational programming. The inspection plans shall include, at least, the following elements:

Article 59 – paragraph 2 – point c: (c) information on the number and types of planned inspections, including on physical checks;

Article 59 – paragraph 2 – point g a (new): (ga) information as to how concerns or irregularities can be reported to a prescribed organisation, as provided for in the relevant Union legislation on whistleblowing.

Article 59 – paragraph 2 a (new): 2a. Member States shall ensure that the outcome of the inspections carried out pursuant to the plans referred to in this Article, any remedial actions taken by the relevant authorities as a follow up to those inspections, the names of the operators involved in illegal shipments, and the penalties imposed are available to the public, including electronically.

Article 59 – paragraph 5: 5. The Commission shall review the inspection plans notified by the Member States in accordance with paragraph 4 and draw up reports, based on the review of these plans, on the implementation of this Article within 1 year of the reception of the inspection plans. Such reports shall take into account the flows, tonnage and value of waste to third countries to identify relevant priorities. Such reports may include, inter alia, recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. Such reports may also be presented, where appropriate, in the meetings of the waste shipment enforcement group established under Article 63, and shall be made available to the European Parliament and the European Council.

Article 63 – paragraph 3 a (new): 3a. The waste shipment enforcement group shall publish an annual report on trends in illegal shipments and best practices to tackle such shipments, as recommended by Member State competent authorities.

Article 63 – paragraph 3 b (new): 3b. Within two years of its establishment, the waste shipment 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 persistent trends in illegal shipments and enforcement activities.

Article 63 – paragraph 4: 4. The waste shipment enforcement group shall meet at least twice a year. In addition to the members referred to in paragraph 2, the chairperson may invite to the meetings, where appropriate, representatives of other relevant institutions, bodies, offices, agencies networks or other stakeholders.

Article 69 – paragraph 4 – subparagraph 3: The report mentioned in the first subparagraph shall be drawn up for the first time by [OP: Please insert date of the end of the third year after the date of entry into force of this Regulation] and every three years thereafter.

Article 69 – paragraph 4 a (new): 4a. The Commission shall assess and present a report to the Council and the European Parliament on how the financial obligations under-extended producer responsibility should apply to used goods or waste shipped from the Union.

Article 69 – paragraph 4 b (new): 4b. Using data from the central system, as well as data from reports by relevant EU agencies, this report shall present an analysis of shipments and treatment of specific waste streams, identified as illegal practices in this regard, of implementation of this Regulation, including compliance by competent authorities with deadlines set out in this Regulation, and of the contribution by the sector towards the transition to a circular economy and climate neutrality by 2050 in accordance with Regulation (EU) 2021/1119 of the European Parliament and of the Council (the ‘European Climate Law’).

Article 69 – paragraph 4 c (new): 4c. The waste shipment enforcement group, the correspondents and the sector-specific climate dialogues and partnerships within the waste sector shall be invited to review and give comments on the report ahead of its publication.

Article 69 – paragraph 4 d (new): 4d. In accordance with Regulation (EU) 2021/1119 of the European Parliament and of the Council, the Commission shall facilitate sector-specific climate dialogues and partnerships within the waste sector of the economy.

Article 72 – paragraph 1 a (new): The Commission shall, if requested by Member States or if otherwise appropriate, periodically hold a meeting of the correspondents. During those meetings, correspondents shall examine the questions raised by the implementation of this Regulation, and may also discuss other relevant topics related to the implementation of this Regulation. Particular attention may be given to discussions on the monitoring the state of the Union market for shipments of waste, to enabling the exchange of best practices, information and facilitating cooperation between competent authorities, with the aim of removing barriers to the harmonisation of practices of shipments of waste between Member States and the implementation of environmentally sound techniques for waste management. / Relevant stakeholders shall be invited to the meetings of the correspondents, or parts of those meetings, where appropriate.

Article 72 – paragraph 1 b (new): Relevant stakeholders shall be invited to the meetings of the correspondents, or parts of those meetings, where appropriate.

Article 75 – paragraph 1 a (new): 1a. The Commission is empowered to adopt delegated acts in accordance with Article 76 to amend Annex III, in particular Part I, paragraph 2, point (fa) in order to modify contamination thresholds.

Article 75 – paragraph 3 a (new): 3a. By ... [insert the date 12 months after the date of publication of this regulation], the Commission shall assess adding entries on mixtures of waste such as used footwear, clothing and other textile products, including the mixtures of these, mineral wool, as well as mattresses to Annex IIIB. Where appropriate, that assessment shall be accompanied by a delegated act in accordance with Article 76 to amend Annex IIIB.

Article 80 – paragraph 1: By 31 December 2030, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 69, and the review referred to in Article 59(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal.

Article 80 – paragraph 1 a (new): By 31 December [2038], the Commission shall review the data and justifications underpinning the decision to restrict the export of plastic waste outside of the Union and EFTA countries, with a view to assessing the proportionality of that measure.

Annex IA – Block 7: 9. Bale / 10. Other (specify)

Annex IB – Block 7: 9. Bale / 10. Other (specify)

Annex IC – Part V – point 46 – subparagraph 1: 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.

Annex X – point 1: 1. The audit referred in Article 43(2) verifies that the actual performance of all activities of the facility managing the waste in the country of destination comply with the following conditions, where relevant:

Annex X – point 1 – point b: (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;

Annex X – point 1 – point c – introductory part: (c) it establishes and operates management and monitoring systems, procedures and techniques that have the purpose of preventing, reducing, minimising and to the extent practicable eliminating:

Annex X – point 1 – point f: (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 establishes and is able to provide records of its waste management and waste shipment activities for the time it has operated;

Annex X – point 2 – introductory part: 2. Upon verifying compliance of all relevant activities of a facility against the above criteria, the independent third party performing the audit must in particular take into account, as a point of reference and where relevant: