Changes from report parliamentary committee draft to plenary report

RemovedArticle 24 – paragraph 3: 3. 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 25, 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 that dealer or broker to act on its behalf shall be deemed to be the notifier for the purposes of those take-back obligations.

RemovedSe justification for amendment to Article 22 – paragraph 10.

RemovedArticle 24 – paragraph 4 – subparagraph 2: The 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 destination becomes aware of or has been advised by the competent authorities of dispatch or transit of the illegal shipment and informed of the reason(s) therefore. Such advice may result from information submitted to the competent authorities of dispatch and transit, inter alia, by other competent authorities.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

Article 26 – paragraph 1 – introductory part: 1. The following information, data and documents shall be submitted and exchanged via electronic means, either via the central system referred to in paragraph 2, or via a national system interlinked with the central system in accordance with paragraph 3:

Change 12

RemovedRecital 22 refers to both information and data. It is important to the effective processing of notifications, exchange of information between authorities and reporting, that the electronic system is inclusive and ambitious.

AddedArticle 26 – paragraph 2 – subparagraph 1: The Commission shall operate a central system that allows for the electronic submission and exchange of information, data and documents referred to in paragraph 1. That central system shall provide a hub that shall be used for the exchange in real time of the information and documents referred to in paragraph 1 between existing national systems for electronic data interchange. The central system shall store data which to make reporting and analysis of, inter alia, the frequency of objections, the time between the submission of the notification and when the decision is taken, and the number of notifications for the different types of recovery operations possible.

RemovedArticle 26 – paragraph 2 – subparagraph 1: The Commission shall operate a central system that allows for the electronic submission and exchange of information, data and documents referred to in paragraph 1. That central system shall provide a hub that shall be used for the exchange in real time of the information and documents referred to in paragraph 1 between existing national systems for electronic data interchange. The central system shall store data, which would make reporting and analysis of, inter alia, the frequency of objections, the time between notification submitted and decision taken, and the number of notifications for different types of recovery operations possible.

AddedArticle 26 – paragraph 3 a (new): 3a. Information stored in the central system shall be made publicly available, easily accessible and in an open data format, unless such information is confidential under national or Union legislation.

RemovedSee justification for Amendment to Article 26 – paragraph 1 – introductory part.

AddedArticle 26 – paragraph 4 – subparagraph 1 – point b a (new): (ba) alternative procedures in case of a temporary failure of the central system;

Change 13

ChangedArticle 26 – paragraph 4 –a subparagraph(new): 14a. –The pointfunctionality aof athe (new):central (aa)system plansshall forbe evaluating,reviewed interby alia,the Commission every two years. The findings of these reviews shall be communicated to the functionality,European effectsParliament onand the administrativeMember burdenStates. on/ competentThe authoritiesreview andshall notifiers,take andinto otheraccount, relevantinter aspectsalia, ofcomments raised by the centralcorrespondents. system,The includingreview themay frequency,additionally methodologytake forinto andaccount contentfeedback offrom thoseother evaluations;users, such as competent authorities and notifiers.

Change 14

RemovedTo ensure that the system will continue to bring benefits to users, it must be regularly evaluated.

AddedArticle 27 – paragraph 1: 1. Any notification, information, documentation or other communication submitted pursuant to the provisions of this Title shall be provided in a language acceptable to the competent authorities concerned. English shall in all cases be considered to be an acceptable language unless due justification is provided by the competent authority concerned for not accepting English as a language.

RemovedArticle 26 – paragraph 4 – subparagraph 1 – point a b (new): (ab) timelines and theenvisaged content of updates to the functionality of the central system; such updates may be based on evaluations, as carried out by the Commission in accordance with this Article, and on direct feedback from competent authorities, for instance through the waste shipment cooperation group, and other users.

AddedArticle 27 – paragraph 2: 2. The notifier shall provide the competent authorities concerned with authorised translations of the documents referred to in paragraph 1 into a language which is acceptable to them, where they so request. English shall in all cases be considered to be an acceptable language unless due justification is provided by the competent authority concerned for not accepting English language as a language. / The centralised database system established under Article 26 shall facilitate machine translation of any information provided. Where machine translation has been used, the translated information provided shall be accompanied by an indication to that effect.

RemovedIt is important that the electronic system will continuously be updated to keep up with new technical potentials for improvement and demands of users of the system.

AddedArticle 28 – paragraph 3 a (new): 3a. In the event of disagreements between competent authorities in relation to classification issues, the question maybe forwarded to the correspondents of the Member States, who may hold meetings to examine the questions raised. Relevant stakeholders shall be invited to such meetings, or parts of such meetings, where appropriate.

RemovedArticle 26 – paragraph 4 – subparagraph 1 – point a c (new): (ac) procedures to safeguard the continuance of waste shipments, for instance provisional acceptance of physical copies or screenshots of key documents, in case of failure of the central system;

AddedArticle 28 – paragraph 4 – subparagraph 1: In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission shall adopt delegated acts in accordance with Article 76 to supplement or amend this Regulation by establishing or modifying criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV, and the thresholds for characterising physical and chemical characteristics as being essentially similar.

RemovedEven short term disturbances in access to the central system may cause significant disturbances to shipments of waste. Thus, it should be ensured that a procedure is in place in case of e.g. cyberattacks on the EU digital infrastructure.

AddedArticle 28 – paragraph 4 – subparagraph 2: The Commission shall also adopt delegated acts in accordance with Article 76, not later than two years after the entry into force of this Regulation, to supplement this Regulation by establishing criteria to distinguish between used goods and waste, for specific categories of commodities for which this distinction is of particular importance for the export of waste from the Union, including to avoid circumvention of the rules set out in this Regulation. The criteria provided for in those delegated acts shall be the same as those provided for in Directive 2008/98/EC.

RemovedArticle 27 – paragraph 1: 1. Any notification, information, documentation or other communication in English language submitted pursuant to the provisions of this Title shall be accepted by the competent authorities concerned except where they require a translation into their official language. Competent authorities concerned may require a translation into the official language of their Member State only in exceptional and duly motivated cases.

RemovedSee justification for Amendment to Recital 30.

RemovedArticle 27 – paragraph 2: 2. The notifier shall provide the competent authorities concerned with authorised translations of the documents referred to in paragraph 1 into a language which is acceptable to them, only where they so request in exceptional and duly justified cases.

RemovedSee justification for Amendment to Recital 30.

RemovedArticle 28 – paragraph 3 a (new): 3a. In the event of disagreement in relation to the distinction between waste and non-waste, or to the classification of a waste, or to the classification of the waste treatment, any of the competent authorities concerned may ask the waste shipment cooperation group, pursuant to Article 28a(4), to put such matters of disagreement on the agenda of the earliest subsequent meeting of the group and to take a decision on the matter.

RemovedSee justification for Amendment proposing new article on "Waste shipment cooperation group".

RemovedArticle 28 – paragraph 4 – subparagraph 1: In order to facilitate the harmonised classification of waste listed in Annex III, Annex IIIA, Annex IIIB or Annex IV in the Union, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria, such as contamination thresholds, on the basis of which certain wastes shall be classified in Annex III, IIIA, IIIB or IV, and the thresholds for characterising physical and chemical characteristics as being essentially similar. Contamination thresholds shall be based on weight of the transported load.

RemovedCalculation methods for contamination thresholds should be clear and predictable. Interpretation of characteristics should, in accordance with justification for Amendment to Article 13 – paragraph 1 – point a, be harmonised.

RemovedArticle 28 – paragraph 4 – subparagraph 2: The Commission is also empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by establishing criteria to distinguish between used goods and waste, for specific categories of commodities for which this distinction is of particular importance for the export of waste from the Union. The criteria provided for in those delegated acts and those provided for in Directive 2008/98/EC and other relevant Union legislation shall be uniform.

RemovedTo avoid legal uncertainty, consistency must be established between relevant EU legislation.

RemovedArticle 28 – paragraph 4 – subparagraph 2 a (new): The delegated acts referred to in the second subparagraph shall be updated regularly to ensure that criteria and classifications take into account inter alia new technologies for waste processing.

RemovedTo facilitate intra-EU shipments, the classifications of waste across the EU should be in line with progress in technology for recovery of materials from waste.

RemovedArticle 28 a (new): Article 28a / Waste shipment cooperation group / 1. A cooperation group shall be established to facilitate and improve cooperation between the Member States in order to prevent fragmentation and unlock the potential of the Union market for shipments of waste (the ‘waste shipment cooperation group’) / 2. The waste shipment cooperation group shall consist of representatives of each Member State's relevant authorities. It shall be chaired by representative or representatives of the Commission. / 3. The waste shipment cooperation group shall be a forum for sharing information on general trends relating to the Union market for shipments of waste, for resolving disagreements on classification issues between Member States, for discussing the inter-linkage between this Regulation and national legislation on environment and waste management, and other issues related to unjustified barriers in the Union market for shipments of waste. The waste shipment cooperation group shall also facilitate the sharing of best practices and facilitate cooperation and coordination between relevant authorities. / 4. The waste shipment cooperation group may examine any technical question relating to the application of this Regulation raised by the chairperson, either on his or her own initiative or at the request of the members of the group, including with regard to the application of the system for electronic exchange of information. The group shall also deal with questions related to disagreements on c…

RemovedTo ensure the swift transition to a circular economy and incentivise shipments for environmentally sound waste management within Europe, Member States must have a permanent platform for exchanging on i.a. classifications and any measures which may pose barriers to the EU internal waste market.

Article 30 – title: Multilateral agreements

Change 15

RemovedSee justification of Amendment to Article 30 – paragraph 1.

AddedArticle 30 – paragraph 1: 1. In exceptional cases, and where the specific geographical or demographical situation warrants such a step, Member States may conclude bilateral or multilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two or more Member States concerned. / Such agreements may also be concluded for shipments of waste destined for disposal pursuant to Article 11, if the geographical and demographical situation warrants concluding such agreements. In this regard, the conditions provided for in Article 11 paragraph 1, points (a) to (f) may be made less stringent in respect of cross-border shipments to the nearest suitable facility for disposal, in accordance with Directive 2008/98/EC and the environmentally sound management of waste. / Multilateral agreements shall demonstrate that the waste is treated in accordance with the waste hierarchy and the principles of proximity and self-sufficiency at Union and national levels, as laid down in Directive 2008/98/EC; that the waste is treated in accordance with environmental protection standards, in accordance with Union legislation; that, if the facility is covered by Directive 2010/75/EU, the best available techniques as defined in Article 3(10) of that Directive are applied in compliance with the permit for the facility; and that the agreements do not lead to a significant fragmenta…

RemovedArticle 30 – paragraph 1: 1. In exceptional cases, and where the specific geographical or demographical situation warrants such a step, Member States may conclude multilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two Member States concerned. / Multilateral agreements may also in exceptional cases be concluded for shipments of waste destined for disposal pursuant to Article 11, if the geographical and demographical situation warrants such a step. / Multilateral agreements shall demonstrate that the waste is treated in accordance with the waste hierarchy and the principles of proximity and self-sufficiency at Union and national levels, as laid down in Directive 2008/98/EC; that the waste is treated in accordance with environmental protection standards, in accordance with Union legislation; that, if the facility is covered by Directive 2010/75/EU, the best available techniques as defined in Article 3(10) of that Directive are applied in compliance with the permit for the facility; and that the agreements do not lead to a significant harmful fragmentation of the Union market for shipments of waste.

RemovedMultilateral agreements may bring benefits such as reduced administrative burdens, and thus should be considered in exceptional cases. In some cases, it may be justified to conclude these agreements multilaterally rather than bilaterally. It is of utmost importance that these activities under these agreements are carried out in respect of Union legislation and the principles contained therein. Article 11 provides that shipments of waste for disposal are prohibited, except if certain conditions are met, in which case shipments of waste can be approved. In respect of the principle of self-sufficiency at Union and national levels, and that not all Member States may be in possession of sufficient waste disposal facilities for all specific waste streams, multilateral cooperation as regards waste disposal should be possible as part of multilateral agreements.

Article 30 – paragraph 2: 2. The agreements referred to in paragraph 1 may also be concluded where waste is shipped from and treated in the country of dispatch but transits another Member State.

Change 16

RemovedSee justification of Amendment to Article 30 – paragraph 1.

Article 30 – paragraph 3: 3. Member States may also conclude agreements referred to in paragraph 1 with countries that are parties to the Agreement on the European Economic Area.

Change 17

RemovedSee justification of Amendment to Article 30 – paragraph 1.

AddedArticle 30 – paragraph 4: 4. The agreements referred to in this Article shall be notified to the Commission and the correspondents before they take effect. Questions or concerns put to the correspondents in relation to bilateral or multilateral agreements may be raised at meetings of the correspondents. Relevant stakeholders shall be invited to such meetings, or parts of such meetings, where appropriate.

RemovedArticle 30 – paragraph 4 a (new): 4a. Upon the initiative of the chairperson or at the request of the members of the group the waste shipment cooperation group shall verify the agreements referred to in this Article to ensure that they do not cause harmful fragmentation of the Union market for shipments of waste.

AddedArticle 36 – paragraph 1 – point b a (new): (ba) Waste containing or contaminated with a substance exceeding the concentration levels provided for in Annex IV to Regulation (EU) 2019/1021 on persistent organic pollutants;

RemovedAny significant harmful fragmentation of the EU market for waste shipments must be avoided. Thus, the waste shipment cooperation group should be tasked with i.a. overlooking these agreements.

AddedAll waste containing or contaminated with a substance exceeding the levels in Annex IV to Regulation (EU) 2019/1021 on persistent organic pollutants should be prohibited for export from the Union to non-OECD countries.

RemovedArticle 31 – paragraph 1 – point a: (a) where the third country is a Party to the Basel Convention, within 60 working days, unless it has waived this right in accordance with the terms of that Convention; or

AddedArticle 37 – paragraph 2 – subparagraph 1: Paragraph 1 shall not apply to exports of waste destined for recovery to a country included in the list of countries established in accordance with Article 38 for the waste specified in that list. Exports of plastic waste to countries to which the OECD Decision does not apply other than EFTA Member States shall not be covered by Article 38.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 35 – paragraph 2 – point d: (d) the competent authority of transit outside the Union shall have 60 working days after the date of transmission of its acknowledgement of receipt of the notification to provide, where the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions;

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 35 – paragraph 2 – point e: (e) the competent authority of dispatch in the Union shall take the decision to consent to the shipment as referred to in Article 9 only after having received written consent from the competent authority of destination and, where appropriate, the tacit or written consent of the competent authority of transit outside the Union, and not earlier than 61 working days after the date of transmission of the acknowledgement of receipt of the notification by the competent authority of transit, unless the competent authority of dispatch has the written consent of the other competent authorities concerned, in which case it may take the decision as referred to in Article 9 before that time limit.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 35 – paragraph 3 – point e: (e) where, 42 working days after the waste has left the Union, the competent authority of dispatch in the Union has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination thereof;

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 35 – paragraph 3 – point f – point ii: (ii) the facility shall, within three working days of receipt of the waste for disposal, send signed copies of the completed movement document, except for the certificate of disposal referred to in point (iii), to the notifier and the competent authorities concerned;