Changes from report parliamentary committee draft to plenary report

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.

Article 9 – paragraph 4: 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.

Change 5

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

AddedArticle 9 – paragraph 7: 7. Any withdrawal of consent, including the reason for such withdrawal, shall be transmitted by means of official notice to the notifier, the competent authorities concerned and the consignee and the Commission for the purpose of reporting.

RemovedArticle 11 – paragraph 1 – point b: (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;

AddedArticle 11 – paragraph 1 – point a – point i: (i) the waste cannot be recovered in a technically feasible, economically viable and environmentally sound manner, or must be disposed of due to legal obligations in Union or international law.

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

AddedArticle 11 – paragraph 1 – point a – point ii: (ii) the waste cannot be disposed of in a technically feasible, economically viable and environmentally sound manner, in the country where it was generated;

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,;

Change 6

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