Changes from report parliamentary committee draft to plenary report

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

▸10 unchanged paragraphs

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,

Changed– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A90000/0000),(A9-0290/2022),

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

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

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

Change 1

RemovedRecital 10 a (new): (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.

AddedRecital 1: (1) It is necessary to lay out rules at the Union level to protect the environment and human health against the adverse impacts which may result from the shipment of waste. These rules should also contribute to the facilitation of environmentally sound management of waste, in accordance with the waste hierarchy laid down in Article 4 of Directive 2008/98/EC of the European Parliament and of the Council, as well as to the reduction of overall impacts of resource use and to the improvement of the efficiency of such use, which is crucial for the transition to a circular economy and for reaching climate-neutrality by 2050 at the latest. In this regard, waste management should be considered as one step of the product life-cycle spanning from production to secondary raw materials, for which sustainable innovative techniques which seek to improve material recovery, energy efficiency, and waste management’s overall contribution to decarbonisation should be prioritized. / (deleted)

RemovedRecital 11 a (new): (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.

AddedRecital 1 a (new): (1a) Waste treatment and disposal activities can, if not properly managed, have various negative impacts on the environment and on people's quality of life, some of which are difficult to mitigate. More information therefore needs to be made available online on the various waste management operations carried out, in terms of quantities, types, routes and associated destinations, as well as on the inspection and monitoring of waste management activities.

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

AddedRecital 1 b (new): (1b) Progress in improving the effectiveness and efficiency of waste management should be accompanied by measures to reduce the generation of waste addressing in particular the waste upstream in production and consumption;

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.

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

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.

Change 2

ChangedTheRecital Regulation10 musta take(new): account(10a) ofResearch theand evolutioninnovation ofshould wastebe technologyan forintegral sortingpart andof treatment.the IfEuropean waste is otherwisemanagement consideredsector. non-hazardousThe ('green'-listedresearch underand Annexinnovation III,network Annexfor IIIAwaste andshould IIIB),include mixingindustry, shoulduniversities notand beother anresearch issueinstitutions. asAccordingly, longrevisions asof thethis receivingRegulation facilityand willits berelevant ableassociated toacts sortshould andtake treatinto suchaccount mixtureinnovation ofin waste in anmanagement environmentallytechniques, soundwhere mannersuch andtechniques accordingcontribute to the otherenvironmentally principlessound ofmanagement thisof Regulation.waste.

Change 3

RemovedRecital 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 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.

AddedRecital 10 b (new): (10b) To ensure a real transition towards a circular economy for shipments of waste from its place of origin to the best place of treatment for such waste, the principle of proximity, material efficiency as well as the need to reduce the environmental footprint of waste should be taken into account.

RemovedTranslation 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.

AddedRecital 11 a (new): (11a) This regulation should provide legal certainty and ensure uniform application of Union legislation within the area of waste management to facilitate compliance with the relevant provisions on protection of the environment and human health. Creating an undue administrative burden, especially for small and medium-sized enterprises, should be avoided.

AddedRecital 16 a (new): (16a) To take account of innovation in waste treatment technologies with regard to environmental sound management, as well as of changes in consumer behaviour with regard to the sorting of waste, it is essential that Annex IIIB be continuously updated. The Commission should in particular assess whether to add entries on used footwear, clothing and other textile products, mineral wool and mattresses.

AddedRecital 16 b (new): (16b) A well-functioning Union market for waste shipments should prioritise proximity, self-sufficiency and the use of the best available techniques in waste management as guiding principles. Achieving a fair transition to a circular economy is essential to attaining a climate neutral, resource-efficient and competitive Union economy that is sustainable in the long run.

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.

Recital 31: (31) In order to avoid disruptions of shipments of waste or goods, due to a disagreement between competent authorities on the status of these waste or goods, it is necessary to set out a procedure to resolve such disagreements. It is important in that regard that competent authorities base their decisions on the provisions relating to the determination of by-products and to the end-of-waste status of Directive 2008/98/EC. It is also necessary to 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.

Change 4

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 36: (36) To protect the environment of the countries concerned, it is necessary to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in third countries to which the OECD Decision does not apply, in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households, residues from the incineration of household waste and hard-to-recycle, contaminated or mixed plastic waste.

RemovedRecital 31 a (new): (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.

AddedRecital 36 a (new): (36a) The Union should thoroughly rethink the management of its plastic waste, starting with prevention and ensuring that such waste is collected, reused and recycled.

RemovedRecital 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 procedures for similar shipments so as to identify illegal shipments of waste at an early stage.

AddedRecital 36 b (new): (36b) Plastic waste poses particular challenges. There is a wide diversity of polymers, and they often contain hazardous additives and numerous contaminants. Measuring the levels of hazardous additives and of contaminants for export control purposes would require costly testing. Recycling levels for plastic waste are low, and the recycling of plastic waste can create large amounts of residual waste. Some major shipping companies are committed to stopping the transport of plastic waste to help curb pollution. In light of various problems created by plastic waste management in third countries, the Union should gradually phase out the export of all kinds of plastic waste outside of the Union and EFTA countries.

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.