Changes from report parliamentary committee draft to plenary report

RemovedRecital 22: (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.

AddedRecital 3: (3) The European Green Deal34 sets out an ambitious roadmap to transform the Union into a sustainable, resource efficient and climate neutral economy. It calls on the Commission to review the Union rules on waste shipments established under Regulation (EC) No 1013/2006. The New Circular Economy Action Plan35 adopted in March 2020 further stresses the need for action to ensure that shipments of waste for re-use and recycling in the Union are facilitated, that the Union does not export its waste challenges to third countries and that illegal waste shipments are better addressed. In addition to the environmental and social benefits, this can also result in ameliorating EU’s strategic dependencies on raw materials. Keeping more of the generated waste within the Union will, however, require improved recycling and waste management capacity. Both the Council36 and the European Parliament37 have also called for a revision of the current Union rules on waste shipments established under Regulation (EC) No 1013/2006. To support the circular economy, innovative business initiatives such as taking back waste for the purpose of recycling, refurbishment, research or for improvement of product design should be supported.

RemovedThe 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.

AddedRecital 8: deleted

RemovedRecital 22 a (new): (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.

RemovedRecital 26: (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.

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

AddedRecital 20: (20) It is necessary to provide for procedural steps and safeguards, when a notifier wishes to ship waste, in the interests of legal certainty and to ensure uniform application of this Regulation and the proper functioning of the internal market, contributing to 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 waste.

AddedRecital 22: (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 crucial that those systems allow document sharing and contain a fully searchable database of information related to 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 entry into force of this Regulation, before which access to the central system, in its final version should be granted to relevant authorities for the purpose of testing and learning.

AddedRecital 22 a (new): (22a) Competent authorities should ensure that there are alternative procedures as safeguards in the electronic system. In the event of a temporary failure of the central system, data should remain protected and accessible, and procedures related to shipments should be carried out without unnecessary delays.

AddedRecital 30: (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 an undue administrative burden, the notifier should provide notifications, information, documentation or other communications 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 the competent authorities so request, but only in duly justified cases.

RemovedRecital 50: (50) Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. The Commission should produce a report every 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.

AddedRecital 36 c (new): (36c) To ensure there is effective enforcement of the phase-out of export of plastic waste outside of the Union and EFTA countries, it is necessary to carry out regular monitoring and inspection at checkpoints, including to prevent any circumvention of the phase-out requirement by false claims that it is not waste.

RemovedIn 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.

AddedRecital 36 d (new): (36d) To promote plastics recycling in the Union, a market for products containing recycled plastic should be supported. The Commission should assess the introduction of targets on recycled content, particularly, but no limited to, for products made out of plastic, and, where appropriate, submit a legislative proposal accordingly.

RemovedRecital 54: (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.

AddedRecital 37 a (new): (37a) It is necessary to ensure that the shipment of waste that is necessary for building strong value chains is facilitated within the internal market, while ensuring that adequate controls are in place. Strengthening key value chains will accelerate the development of our resilience and enhance the Union’s strategic autonomy.

RemovedTo 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.

AddedRecital 38: (38) Countries to which the OECD decision applies are subject to the rules and recommendations laid down by the OECD on the shipment and management of waste, and have generally higher standards for the management of waste than countries to which the OECD decision does not apply. It is however important that the export from the Union of non-hazardous waste for recovery does not create damages to environment and public health in countries to which the OECD decision applies. It is therefore necessary to establish a mechanism to monitor shipments of non-hazardous waste to such countries. In cases where there is a lack of information available demonstrating the ability of the country concerned to recover this waste in an environmentally sound manner, as well as information about the negative impacts of the management of domestic waste in the country concerned, the Commission should enter into a dialogue with the country concerned and, if the information is not sufficient to prove that the waste is recovered in an environmentally sound manner, be empowered to suspend such exports.

RemovedRecital 55: (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.

AddedRecital 49: (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 measures for similar shipments to identify illegal shipments of waste at an early stage.

RemovedTo 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.

AddedRecital 50: (50) Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. The Commission should produce a report every three 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 from the system for the purpose of those reports.

RemovedRecital 57: (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.

AddedRecital 52: (52) In order to facilitate the exchange of information and cooperation for the harmonised implementation of this Regulation, Member States should designate competent authorities and correspondents and notify them to the Commission, which should make this information publicly available.

RemovedIn 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.

AddedRecital 54: (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.

RemovedArticle 1 – paragraph 1: 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.

AddedRecital 55: (55) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt a simple, risk-based and harmonised method for calculating the financial guarantee or equivalent insurance. 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 for the financial guarantee or equivalent insurance is appropriate, it should consider how the central system could be utilised to enable innovative methods for determining financial guarantees.

RemovedArticle 1 – paragraph 1 a (new): 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).

AddedRecital 55 a (new): (55a) To further facilitate harmonisation of the internal market and practices between Member States in relation to shipments of waste, the Commission should investigate whether further standardisation of contracts is possible in accordance with the principle of subsidiarity.

RemovedAccording 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.

AddedArticle 1 – paragraph 1: This Regulation lays down measures to to protect the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste including in third countries. It establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination. It seeks to contribute to achieving a circular economy, resource efficiency, climate neutrality and zero pollution ambition for a toxic-free environment by applying the principles of proximity and self-sufficiency as laid down in Directive 2008/98/EC. It also seeks to reduce the administrative burden by harmonising the shipment of waste rules within the Union and by digitalising the exchange of information concerning shipments of waste.

RemovedArticle 2 – paragraph 2 – point h a (new): (ha) cross-border shipments of waste below 20 kg from consumers to companies, for example as part of trade-in collection activities.

AddedArticle 3 – paragraph 1 – point 4: (4) ‘environmentally sound management’ means taking all practicable steps to ensure that waste is managed in a manner that will protect human health, the climate and the environment against adverse effects which may result from such waste, and the treatment thereof;

RemovedAs 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.

AddedArticle 3 – paragraph 2: In addition, the definitions of ‘waste’, ‘hazardous waste’, ‘treatment’, ‘disposal’, ‘recovery’, ‘material recovery’, ‘preparing for re-use’, ‘re-use’, ‘recycling’, ‘waste producer’, ‘waste holder’, ‘dealer’ and ‘broker’ laid down in Article 3, points (1), (2), (14), (19), (15), (15a), (16), (13), (17), (5), (6), (7) and (8) respectively of Directive 2008/98/EC shall apply.

RemovedArticle 4 – paragraph 3 – point b: (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.

AddedArticle 4 – paragraph 2 – point a a (new): (aa) Waste that contains or is contaminated with a substance listed in Annex IV of Regulation EU2019/1021 on persistent organic pollutants if not listed elsewhere;

RemovedSee justification for AM to recital 26.

AddedArticle 4 – paragraph 4 – point b: (b) the amount of waste does not exceed 150 kg for laboratory analysis, 2000 kg for experimental treatment-trials or any higher amount agreed on a case-by-case basis by the competent authorities concerned and the notifier.

RemovedArticle 4 – paragraph 4 – point b: (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.

AddedArticle 4 – paragraph 5: 5. Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties, for example refuse- derived fuels, where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.

RemovedFor 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.

AddedArticle 5 – paragraph 1 – subparagraph 1: Only notifiers that have received a permit or are registered in accordance with Chapter IV of Directive 2008/98/EC or operators of experimental treatment trials or laboratories may submit a prior written notification (‘notification’).

RemovedArticle 5 – paragraph 1 – subparagraph 1: 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’).

AddedArticle 5 – paragraph 2 – subparagraph 3: 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 referred to 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.

RemovedIn 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.

AddedArticle 7 – paragraph 6: 6. By way of derogation from paragraph 5, where the waste shipped is destined for interim recovery operations or disposal operations and a further recovery operation or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 16(4). In that case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the shipment is between two facilities controlled by the same legal entity or the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In those circumstances, the competent authority of destination shall be responsible for obligations arising in the case of take-back where the shipment or the further recovery or disposal operation cannot be completed as intended, as referred to in Article 22, or in the case of an illegal shipment, as referred to in Article 24.

RemovedArticle 5 – paragraph 2 – subparagraph 3: 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.

AddedArticle 7 – paragraph 10 – subparagraph 1: 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 simple, risk-based and harmonised calculation method for determining the amount of financial guarantees or equivalent insurances and, if appropriate, by ... [insert the date three years after the date of entry into force of this Regulation] adopt an implementing act to establish such a simple, risk-based and harmonised calculation method. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).

RemovedTo 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.

AddedArticle 9 – paragraph 2 – subparagraph 2: Where the competent authority of destination is not able to take a decision under paragraph 1 within 30 days after submission of the notification, it shall inform the notifier within those 30 days and provide the notifier with a motivated explanation unsolicited. A final decision by the competent authority shall be taken within 60 days of submission of the notification.

RemovedArticle 7 – paragraph 10 – subparagraph 1: 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).

AddedArticle 9 – paragraph 3: 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, any shorter period as indicated in their decision by the competent authorities concerned.

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

RemovedArticle 8 – paragraph 2: 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.

RemovedTo 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".

RemovedArticle 8 – paragraph 3 – subparagraph 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.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 8 – paragraph 5 – subparagraph 1: 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.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 8 – paragraph 6 – subparagraph 1: 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.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 8 – paragraph 6 – subparagraph 2: 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.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 9 – paragraph 1 – introductory part: 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:

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 9 – paragraph 2 – subparagraph 2: 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.

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

RemovedArticle 9 – paragraph 3: 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.

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

RemovedArticle 11 – paragraph 3: 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.

AddedArticle 11 – paragraph 1 – point a – point iii: (iii) the planned shipment or disposal is in accordance with the waste hierarchy and the principles of proximity and self-sufficiency as laid down in Directive 2008/98/EC;

RemovedIt 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.

AddedArticle 11 – paragraph 1 – point b: (b) the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act in relation to environmental or human health protection,;

AddedArticle 12 – paragraph 5: 5. Objections, including the specific grounds for objection, raised by competent authorities on the grounds set out in paragraph 1of this Article shall be reported by Member States to the Commission in accordance with Article 68.

AddedArticle 12 – paragraph 5 a (new): 5a. The competent authorities shall inform the notifier of the specific grounds for their objection to a planned shipment of waste.

RemovedArticle 13 – paragraph 2 – subparagraph 1: 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.

AddedArticle 14 – paragraph 9: 9. Unless stated otherwise in the decision to approve the request for pre-consent, the pre-consent of a recovery facility shall be valid for seven years with at least one inspection conducted by the relevant authorities during the validity period in order to verify compliance with the latest applicable regulatory requirements. / 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 decide not to accept the pre-consent of the competent authority of destination. That decision and the reasons therefor shall be communicated to the facility and to the competent authority that issued the pre-consent.

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

RemovedArticle 14 – paragraph 2 – point g: (g) evidence or attestation that the legal or natural person owning or exercising control over the facility has not been convicted of illegal shipment or any other illegal act that caused serious harm to the environment or human health.

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

RemovedArticle 14 – paragraph 5: 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;

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 14 – paragraph 9: 9. Unless stated otherwise in the decision to approve the request for pre-consent, the pre-consent of a recovery facility shall be valid for 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).

RemovedTo 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.

RemovedArticle 14 – paragraph 10: 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.

RemovedLegal 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.

RemovedArticle 14 – paragraph 12: 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.

RemovedSee justification for Amendment to Article 9 – paragraph 3.

RemovedArticle 14 – paragraph 15: 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.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 14 – paragraph 16 – subparagraph 3: 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.

RemovedSee justification for Amendment to Article 8 – paragraph 2.