Changes from report parliamentary committee draft to plenary report

Change 7

RemovedSee justification of Amendment to Article 30 – paragraph 1.

AddedArticle 12 – paragraph 1 – point d – point ii: (ii) the recovery operation in the country of destination takes place under conditions that are considered equivalent to those prescribed in the national legislation of the country of dispatch;

RemovedArticle 12 – paragraph 1 – point f: (f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act that caused serious harm to the environment or human health.

AddedArticle 12 – paragraph 1 – point e: (e) limiting incoming shipments of waste destined for recovery operations is necessary for a Member State in order to protect its waste management network, where it can be established that such shipments would result in domestic waste having to be disposed of or treated in a way that is not consistent with their waste management plans;

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

AddedArticle 12 – paragraph 1 – point f: (f) the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relation to environmental or 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.

Article 13 – paragraph 1 – point a: (a) the waste contained in the different shipments has essentially similar physical and chemical characteristics, to be interpreted in accordance with Article 28;

Change 8

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

AddedArticle 14 – paragraph 2 – point c: (c) a description of technologies employed, including R-code(s), for the recovery operation for which the pre-consent is requested, as well as technologies applied for greenhouse gas (GHG) savings, energy generation, material recovery, efficient resource use and other relevant technologies;

RemovedArticle 13 – paragraph 1 – point c: (c) the maximum of two different points of exit from and entry into each country concerned, as indicated in the notification document, are the same.

AddedArticle 14 – paragraph 2 – point e a (new): (ea) the quantity of residual waste generated through the recovery operation and the subsequent waste management thereof,

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

AddedArticle 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 in relation to waste management in particular with regard to the protection of the environment or human health.

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.

Article 15 – paragraph 3: 3. Within two working days of the receipt of the waste by the facility which carries out the interim recovery operation or interim disposal operation, that facility shall provide confirmation to the notifier that the waste has been received. This confirmation shall be supplied on, or annexed to, the movement document.

Change 9

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

RemovedArticle 15 – paragraph 4 – subparagraph 1: As soon as possible, but no later than 30 working days after completion of the interim recovery operation or interim disposal operation, and no later than one calendar year, or the shorter period referred to in Article 9(5), after the receipt of the waste, the facility carrying out this operation shall, under its responsibility, provide a certificate that the operation has been completed.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

Article 16 – paragraph 3: 3. The facility shall, within two working days of receipt of the waste, provide confirmation to the notifier and the relevant authorities that the waste has been received.

Change 10

RemovedSee justification for Amendment to Article 15 – paragraph 3.

AddedArticle 17 – paragraph 3: 3. Where essential changes referred to in paragraph 1 involve competent authorities other than those concerned in the original notification, a new notification shall be submitted, unless the competent authorities concerned can agree unanimously to waive the need for a new notification.

RemovedArticle 16 – paragraph 4: 4. The facility carrying out a non-interim recovery operation or disposal operation shall, as soon as possible and no later than 30 working days after completion of that operation, and no later than one calendar year, or the shorter period referred to in Article 9(5), after receipt of the waste, certify, under its responsibility, that the non-interim recovery or disposal has been completed.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 17 – paragraph 1: 1. If any essential change is made to the details and/or conditions of the consented shipment, the notifier shall inform, the competent authorities concerned and the consignee immediately and, where possible, before the shipment starts. Changes in the intended quantity of wasteshipped of more than 15%, in the points of exit from and entry into each country concerned, in the date of shipment of more than two days or in the carrier shall constitute essential changes.

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

RemovedArticle 17 – paragraph 3: 3. Where essential changes referred to in paragraph 1 involve competent authorities other than those concerned in the original notification, a new notification shall be submitted, unless the competent authorities concerned can reach an unanimous agreement to waive the need for a new notification .

Article 18 – paragraph 4: 4. The recovery facility or the laboratory and the consignee or, in case they have no access to a system referred to in Article 26, the person referred to in paragraph 2 shall, within two working days of receipt of the waste, provide confirmation to the notifier and the relevant authorities that the waste has been received by completing the relevant information contained in Annex VII.

Change 11

RemovedSee justification for Amendment to Article 15 – paragraph 3.

AddedArticle 21 – paragraph 1: Without undue delay and no later than 30 days after giving a consent or making an objection, the competent authorities of dispatch shall make publicly accessible through the central electronic submission and exchange system referred to in Article 26(2) or the national system referred to in Article 26(3) if applicable, information on notifications of shipments they have consented or objected to, as well as on shipments of waste subject to the general information requirements, where such information is not confidential under national or Union legislation or personal data protected in accordance with Regulation (EU) 2016/6791a. / The competent authorities shall make at least the following information publicly accessible : / (a) the type of waste designated according to the European Waste Code in the European Waste Catalogue; / (b) the total quantity of waste intended to be shipped; / (c) the treatment operation the waste will undergo; / (d) the name of the facility at the final destination; and / (e) whether the notification has been consented to or not. / 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

RemovedArticle 18 – paragraph 5: 5. The recovery facility shall, as soon as possible and no later than 30 working days after completion of the recovery operation, and no later than one calendar year after receipt of the waste, certify, under its responsibility, that the recovery has been completed by completing the relevant information contained in Annex VII.

AddedArticle 22 – paragraph 3 – subparagraph 1: The take-back obligation set out in paragraph 2 shall not apply if the competent authorities of dispatch, transit and destination involved are satisfied that the waste can be recovered or disposed of in an alternative and environmentally sound manner and without endangering human health in the country of destination or elsewhere by the notifier or, if that is not possible, by the competent authority of dispatch or by a natural or legal person on its behalf.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

AddedArticle 24 – paragraph 1: 1. Where a competent authority discovers a shipment that it considers to be an illegal shipment, it shall immediately inform the other competent authorities concerned. The competent authorities of dispatch concerned shall increase inspections of subsequent shipments that are similar in terms of notifier, waste producer, collector, dealer or broker or waste holder, in order to prevent any further illegal shipments.

RemovedArticle 21 – paragraph 1: No later than 60 working days after giving a consent or making an objection, the competent authorities of dispatch or destination shall make publicly accessible the information on notifications of shipments they have consented or objected to, as well as on shipments of waste subject to the general information requirements, where such information is not confidential under national or Union legislation. The competent authorities shall prevent the publication of confidential business information concerning the notifier or any personal data protected in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a . / 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

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

RemovedArticle 22 – paragraph 2 – subparagraph 2: The take-back referred to in the first subparagraph shall take place within 90 working days, or such other period as may be agreed between the competent authorities concerned, after the competent authority of dispatch becomes aware or has been advised by the competent authorities of destination or transit that the consented shipment of waste or its recovery or disposal cannot be completed as intended and has been informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 22 – paragraph 10: 10. Where a notifier specified in Article 3, point (6)(a)(iv), is unknown or insolvent and fails to fulfil any of the take-back obligations set out in this Article and Article 23, the original waste producer, the new waste producer or the collector specified in Article 3, points (6)(a)(i), (ii) or (iii), respectively who authorised the dealer or broker to act on its behalf shall be deemed to be the notifier for the purposes of those take-back obligations.

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

RemovedArticle 24 – paragraph 1: 1. Where a competent authority discovers a shipment that it considers to be an illegal shipment, it shall immediately inform the other competent authorities concerned. The other competent authorities concerned increase screening procedures regarding subsequent shipments in order to prevent any further illegal shipments.

RemovedArticle 24 – paragraph 2 – subparagraph 2: The take-back, recovery or disposal referred to in the first subparagraph shall take place within 30 working days, or such other period as may be agreed between the competent authorities concerned after the competent authority of dispatch becomes aware of or has been advised by the competent authorities of destination or transit of the illegal shipment and informed of the reasons therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.

RemovedSee justification for Amendment to Article 8 – paragraph 2.