Changes from report parliamentary committee draft to plenary report

RemovedSee justification for Amendment to Article 8 – paragraph 2.

RemovedArticle 35 – paragraph 3 – point f – point iii: (iii) the facility shall, as soon as possible but no later than 30 working days after completion of the disposal and in any case no later than one calendar year after the receipt of the waste under its responsibility, certify that the disposal has been completed and shall send signed copies of the movement document containing that certification to the notifier and to the competent authorities concerned;

RemovedSee justification for Amendment to Article 8 – paragraph 2.

Article 38 – paragraph 4 – introductory part: 4. The Commission shall regularly, and at least every year following its establishment, update the list of countries to which exports are authorised, in order to:

Change 18

RemovedTo incentivise the requested investments in recycling facilities in non-OECD countries, as well as ensure that countries who do not comply with requirements are removed swiftly, the list of countries authorised should be updated often.

AddedArticle 40 – paragraph 1: 1. The Commission shall assess the requests submitted pursuant to Article 39 without undue delay and, if it is satisfied that the requirements set out in that Article are complied with, it shall include the country making the request in the list of countries to which exports are authorised. The assessment shall be based on the information and supporting evidence provided by the country making the request, as well as other relevant information, and determine if the country making the request has put in place and implements all necessary measures to ensure that the waste concerned will be managed in an environmentally sound manner as referred to in Article 56. In order to perform this assessment, the Commission shall use, as points of reference, the relevant provisions in the legislation and guidance referred to in Annex IX. The Commission shall also consult stakeholders, including national experts, relevant industry representatives and non-governmental organisations, in the assessment.

RemovedArticle 41 – paragraph 3 – subparagraph 2 – point b: (b) the facility shall, within three working days of receipt of the waste for recovery, send signed copies of the completed movement document, except for the certificate of recovery referred to in point (c), to the notifier and the competent authorities concerned;

AddedArticle 41 – paragraph 2 – point c a (new): (ca) the export of plastic waste listed in Annex III, IIIA, IIIB or IV, to countries to which the OECD decision applies other than EFTA countries shall be phased out by ... [insert the date four years after the entry into force];

RemovedSee justification for Amendment to Article 8 – paragraph 2.

AddedArticle 42 – paragraph 1: 1. The Commission shall monitor the exports of waste from the Union to countries to which the OECD Decision applies, with a view to ensuring that such exports fulfil the requirements of environmentally sound management as referred to in Article 56 in the country of destination and do not cause substantial adverse effects on the management of domestic waste in that country. As part of such monitoring, the Commission shall assess requests from natural or legal persons which are accompanied by relevant information and data showing that export of waste from the Union does not fulfil the requirements of environmentally sound management as referred to in Article 56 in a country to which the OECD Decision applies or cause substantial adverse effects on the management of domestic waste in that country.

RemovedArticle 41 – paragraph 3 – subparagraph 2 – point c: (c) the facility shall, as soon as possible but no later than 30 working days after completion of the recovery, and in any case no later than one calendar year after the receipt of the waste, under its responsibility, certify that the recovery has been completed and shall send signed copies of the movement document containing that certification to the notifier and to the competent authorities concerned.

AddedArticle 42 – paragraph 2: 2. In cases where there is insufficient evidence available demonstrating that the country concerned has the ability to recover this waste in an environmentally sound manner as referred to in Article 56, or where there is evidence that the country concerned fails to meet the requirements of Article 56 for this waste, or that there are substantial adverse effects on the management of domestic waste in that country due to the importation of waste from the Union, the Commission shall request the competent authorities of the country concerned to provide, within 60 days, information on the conditions under which the waste in question is recovered and the ability of the country concerned to manage the waste in question, including any domestic waste that may be affected by imports. The Commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

AddedArticle 42 – paragraph 3 – point a: (a) put in place and implemented an adequate legal framework for the management of domestic and imported waste, as well as adequate measures to ensure the environmentally sound management of the waste imported into its territory as well as of the residual waste generated through the recovery of that waste;

RemovedArticle 41 – paragraph 5 – point a: (a) the competent authority of transit of the country to which the OECD Decision does not apply 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;

AddedArticle 42 – paragraph 3 – point b: (b) sufficient capacity in its territory allowing the waste concerned to be managed in an environmentally sound manner, taking into consideration the increased volume of waste, which may be present due to the waste imported into its territory;

RemovedSee justification for Amendment to Article 8 – paragraph 2.

AddedArticle 42 – paragraph 3 – point c: (c) put in place adequate measures, including separate reporting of waste generated domestically and waste imported, to ensure that the import of the waste concerned has no substantial adverse effect on the collection and management of the waste generated domestically;

RemovedArticle 41 – paragraph 5 – point b: (b) 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 tacit or written consent from the competent authority of transit of the country to which the OECD Decision does not apply, and not earlier than 61 working days after the date of transmission of the acknowledgement of receipt of the competent authority of transit, unless the competent authority of dispatch has received 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.

AddedArticle 42 – paragraph 3 – point d: (d) put in place and implemented adequate enforcement measures to address possible illegal shipments or non-environmentally sound treatment of the waste concerned.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

AddedArticle 42 – paragraph 3 a (new): 3a. For the purpose of the verifications referred to in paragraph 3, the Commission shall, where relevant, consult relevant stakeholders.

Change 19

ChangedArticle 42 – paragraph 1: 1. The Commission shall monitor the4 levels– ofsubparagraph export1: ofWhere, wastefurther fromto the Union torequest countriesreferred to which the OECD Decisionin applies,paragraph with2, athe viewcountry toconcerned ensuringdoes thatnot suchprovide exportssufficient doevidence notas leadreferred to serious environmental or humanin healthparagraph damages3 inthat the countrywaste ofis destination.managed Asin partan ofenvironmentally suchsound monitoring,manner thein Commissionaccordance shallwith assessArticle requests56, fromor naturalthat orthere legalare personsno whichsubstantial areadverse accompaniedeffects byon relevantthe informationmanagement andof datadomestic showingwaste thatas exporta consequence of the waste fromimport, the Union leads toCommission seriousis environmentalempowered orto humanadopt healthdelegated damagesacts in a countryaccordance towith whichArticle the76 OECDto Decisionsupplement applies.this TheRegulation Commissionby shallprohibiting establishthe guidelinesexport forof the monitoringwaste ofconcerned exportsto ofthis waste.country.

Change 20

RemovedFor transparency and legal clarity, the Commission shall establish public guidelines for monitoring exports of waste.

AddedArticle 43 – paragraph 1 a (new): 1a. A natural or legal person exporting waste from the Union shall also ensure that the facility which will manage the waste in the country of destination has set up internal reporting channels, including adequate protection of whistle-blowers.

Change 21

ChangedArticle 4243 – paragraph 2: 2. In casesorder whereto fulfil the exportobligation ofreferred ato specificin wasteparagraph stream1, froma thenatural Unionor tolegal aperson countryintending to whichexport waste from the OECDUnion Decisionshall appliesensure hasthat increasedthe byfacilities 30%which overwill threemanage monthsthe comparedwaste toin the previouscountry three-monthof period,destination andhave therebeen issubject insufficientto evidencean availableaudit demonstratingby thatan theindependent countryand concernedaccredited hasthird theparty abilitywith toappropriate recoverqualifications. thisThe wastethird inparty ancarrying environmentallyout soundthe manneraudit asshall referredbe tocertified in Article 56,accordance thewith CommissionUnion shallor requestinternationally therecognised competentstandards, authoritiessuch ofas theISO country19011:2018, concernedand tothe provide,exporter withinshall 60obtain workingwritten days,confirmation informationof onthat thecertification conditionsprior underto whichexporting. theIn wasteorder into questionsafeguard isthe recoveredindependence and the abilityobjectivity of the country concerned to manageaudit, the waste in question.natural Theor Commissionlegal mayperson grantthat anhas extensioncommissioned ofit thisshall timenot limitintervene ifin the country concerned makes aexecution reasonedof requestthe foraudit anin extensionany thereof.way.

Change 22

RemovedLegal certainty regarding the interpretation of this provision should be ensured, and thus a specific limit must be established, in order to avoid incoherent implementation or circumvention.

AddedArticle 43 – paragraph 4 – subparagraph 1: A natural or legal person intending to export waste shall ensure that the facility which will manage the waste in the country of destination has been subject to an audit referred to in paragraph 2 that was carried out no longer than two years prior to exporting waste to the facility concerned.

Change 23

ChangedArticle 43 – paragraph 2: 2. In order to fulfil the obligation referred to4 in– paragraphsubparagraph 1,2: aA natural or legal person intending to exportexporting waste from the Union shall ensure that thealso facilitiescarry whichout willad-hoc manageaudit thewithout wastedelay in the country of destination have been subject tocase anit auditreceives byevidence anthat independenta andfacility accreditedno thirdlonger partycomplies with appropriate qualifications, which are certified using established,the internationallycriteria recognisedlaid standards,down andin relevantAnnex experience.X.

Change 24

RemovedIt must be ensured that the third party carrying out the audit has the sufficient qualifications.

AddedArticle 43 – paragraph 7 – subparagraph 1 a (new): Natural or legal persons exporting waste outside the Union shall provide an audit report, formulated on the basis of the audit as referred to in paragraph 2, to the Commission prior to exporting that waste.

Change 25

ChangedArticle 43 – paragraph 5: 5.7 Aa natural(new): or7a. legalThe personCommission thatshall hasestablish commissionedand ormaintain carrieda outcentral, anpublicly auditaccessible forand aup-to givendate facilityregister inof accordanceaudited withfacilities. paragraphThe 2register shall ensure that such auditcontain bethe madenames availableand tolocation otherof naturalthe oraudited legalfacilities personand intendingthe todate exportof wastethe tomost therecent facilityaudit. inThe question,information undershall fairnot commercialinclude conditionsconfidential andbusiness withoutinformation disclosingor information about the person commissioning the audit,audit. whichDisclosure mayof breachpersonal businessdata confidentiality.protected Thein Commissionaccordance shallwith establishthe aRegulation central,(EU) publicly2016/679 available(‘GDPR’) registershall foralso auditedbe facilities.prevented.

Change 26

RemovedOnly information about the facility should be made available to other persons intending to export waste to the facility, not sensitive information about e.g. contracts. To ensure transparency and facilitate the procedures surrounding audits, a central register of audited facilities should be established.

AddedArticle 43 – paragraph 8: 8. Where an international agreement between the Union and a third country to which the OECD Decision applies recognises that the facilities in that third country will manage waste in an environmentally sound manner, as referred to in Article 56 and in accordance with the criteria laid down in Annex X, natural and legal persons which intend to export waste to that third country shall be exempted from the obligation in paragraph 2. / A natural or legal person exporting waste from the Union to a facility in a third country with which the Union has concluded an international agreement shall carry out ad-hoc audit without delay in the event it receives evidence that a facility no longer complies with the criteria laid down in Annex X. The natural or legal person shall in such a case notify the competent authorities of dispatch of that evidence as well as its plans to carry out an ad-hoc audit.

RemovedArticle 43 – paragraph 8: 8. Where an international agreement between the Union and a third country to which the OECD Decision applies recognises that the facilities in that third country will manage waste in an environmentally sound manner, in accordance with the criteria laid down in Annex X, natural and legal persons which intend to export waste to that third country shall be exempted from the obligation in paragraph 2. Such international agreements shall be made publicly available by the Commission in a central register.

AddedArticle 43 – paragraph 9 a (new): 9a. The Commission shall adopt guidelines with regard to the application of this Article.

RemovedTo ensure transparency and facilitate the procedures surrounding international agreements, a central register of international agreements should be established.

AddedArticle 56 – paragraph 2: 2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste, as well as any residual waste generated through the recovery operation, will be managed in accordance with human health and environmental protection requirements that are considered equivalent to the human health and environmental protection requirements laid down in Union legislation, in particular those referred to in part 1 of Annex IX, and using as points of reference the international guidance as specified in part 2 of that same Annex and respecting the international Conventions on labour rights, as referred to in part 2a of the same Annex. When assessing such considered equivalence, full compliance with requirements stemming from Union legislation shall not be required, but it shall be demonstrated that the requirements applied and enforced in the country of destination ensure a similar level of protection of human health and the environment than the requirements stemming from Union legislation.

RemovedArticle 48 – paragraph 2 – point e: (e) 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, if 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;

AddedArticle 56 – paragraph 2 a (new): 2a. By [insert the date 18 months after the date of publication of this regulation], the Commission shall adopt guidelines clarifying the use of relevant best available techniques with respect to the assessment of equivalence.

RemovedSee justification for Amendment to Article 8 – paragraph 2.

AddedArticle 56 – paragraph 2 b (new): 2b. By [insert the date 2 years after the date of entry into force of this Regulation], the Commission shall publish a report on the establishment of mandatory recycled content targets for products, particularly but not limited to, products made out of plastic, if not already applicable under Union legislation. Where appropriate, that report shall be accompanied by legislative proposals.

RemovedArticle 56 – paragraph 2: 2. For the purposes of export of waste, the waste shipped shall be deemed to be managed in an environmentally sound manner as regards the recovery or disposal operation concerned, where it can be demonstrated that the waste, as well as any residues generated as a result of waste management at the destination facility, will be managed in accordance with human health and environmental protection requirements that are broadly equivalent to the human health and environmental protection requirements laid down in Union legislation. When assessing such broad equivalence, full compliance with requirements stemming from Union legislation shall not be required, but it should be demonstrated that the requirements applied in the country of destination ensure a similar level of protection of human health and the environment than the requirements stemming from Union legislation.

AddedArticle 56 – paragraph 2 c (new): 2c. The Commission shall, by … [OJ: please insert the date one year after the date of entry into force of this Regulation], publish a report assessing the impacts on environmentally sound management of plastic waste within the Union related to the phase-out of exports of plastic waste outside of the Union and EFTA countries. Where appropriate, it shall be accompanied by measures to mitigate identified adverse impacts on the Union waste management capacity for environmentally sound management of plastic waste and promote innovation and investments in that sector.

RemovedWhen a waste treatment facility generate residue, which may contain harmful substances, from the treatment of exported waste, it should be ensured that environmentally sound waste management also includes this.

AddedArticle 57 – paragraph 2 – point a a (new): (aa) at collection, at storage and at sorting facilities;

RemovedArticle 63 – paragraph 3 a (new): 3a. The enforcement group shall publish an annual report on trends in illegal shipments and best practices to tackle them, as recommended by Member State competent authorities.

AddedArticle 57 – paragraph 2 a (new): 2a. Member States shall carry out inspections to prevent and detect illegal shipments of waste on the basis of a Union risk-based targeting mechanism. / In order to ensure the harmonisation of inspections, the Commission shall adopt implementing acts to define the detailed elements of the Union risk-based targeting mechanism. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 77(2).

RemovedIt must be ensured that the work of the enforcement group is shared with other institutions and actors in the sector to improve the effective elimination of illegal shipments.

AddedArticle 58 – paragraph 1: 1. Inspections of shipments shall include at least verification of documents, confirmation of the identity of the actors involved in those shipments and physical checking of the waste.

RemovedArticle 63 – paragraph 3 b (new): 3b. Within two years of its establishment, the enforcement group shall propose to the Commission an action plan to tackle illegal shipments of waste. The proposal for an action plan shall be updated at least every four years based on new or persisting trends in illegal shipments and enforcement activities. The Commission shall provide a justification, where it decides not to carry out actions based on those recommendations within two years of the recommendations being made.

AddedArticle 58 – paragraph 2 – subparagraph 1 – point a a (new): (aa) as to the audit report pursuant to Article 42;

RemovedIt must be ensured that the work of the enforcement group is shared with other institutions and actors in the sector to improve the effective elimination of illegal shipments.

AddedArticle 58 – paragraph 5: 5. In order to ascertain whether a shipment of waste subject to the general information requirements set out in Article 18 is destined for recovery operations which are in accordance with Article 56, the authorities involved in inspections shall require the person who arranges the shipment to submit the audit report required in Article 42 as well as, where appropriate relevant documentary evidence, provided by the interim and non-interim recovery facility and, if necessary, approved by the competent authority of destination.

RemovedArticle 63 – paragraph 4: 4. The waste shipment enforcement group shall meet at least twice a year. In addition to the members referred to in paragraph 2, the chairperson may invite to the meetings, where appropriate, representatives of other relevant institutions, bodies, offices, agencies, trade or industrial associations, or networks.

AddedArticle 58 – paragraph 6: 6. Where the evidence referred to in paragraph 4 or paragraph 5 has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment and shall be dealt with in accordance with Articles 24 and 25. The authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.

RemovedIt should be clarified that where the group finds it to be relevant, they may also invite e.g. representatives of the industry to their meetings.

AddedArticle 59 – paragraph 2 – introductory part: 2. Inspection plans shall include the minimum number of physical checks of facilities and waste shipments in line with the risk assessment conducted pursuant to article 59, paragraph 1. The plans shall not contain any details about operational programming. The inspection plans shall include, at least, the following elements:

RemovedArticle 69 – paragraph 4 a (new): 4a. In the report, referred to in paragraph 4, the Commission shall include data from the central system such as, , data showing the average time the competent authorities need to take a decision referred to in Article 9(2).

AddedArticle 59 – paragraph 2 – point c: (c) information on the number and types of planned inspections, including on physical checks;