Changes from report parliamentary committee draft to plenary report

RemovedIt is important that all available data are utilized in assessing the implementation of the Regulation. A central information with regard to implementation is the decision times, including how they are affected over time by e.g. the central system.

AddedArticle 59 – paragraph 2 – point g a (new): (ga) information as to how concerns or irregularities can be reported to a prescribed organisation, as provided for in the relevant Union legislation on whistleblowing.

RemovedAnnex IA – Block 7: 9. Baled / 10. Other (specify)

AddedArticle 59 – paragraph 2 a (new): 2a. Member States shall ensure that the outcome of the inspections carried out pursuant to the plans referred to in this Article, any remedial actions taken by the relevant authorities as a follow up to those inspections, the names of the operators involved in illegal shipments, and the penalties imposed are available to the public, including electronically.

RemovedAnnex IB – Block 7: 9. Baled / 10. Other (specify)

AddedIt is important to know the success or failure of the inspection plans, therefore the results of the inspections carried out need to be made public. Moreover, Member States should inform about the remedial action taken, the names of those caught with illegal shipments, and the penalties applied. Such public reporting is likely to have a major deterrent effect.

AddedArticle 59 – paragraph 5: 5. The Commission shall review the inspection plans notified by the Member States in accordance with paragraph 4 and draw up reports, based on the review of these plans, on the implementation of this Article within 1 year of the reception of the inspection plans. Such reports shall take into account the flows, tonnage and value of waste to third countries to identify relevant priorities. Such reports may include, inter alia, recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. Such reports may also be presented, where appropriate, in the meetings of the waste shipment enforcement group established under Article 63, and shall be made available to the European Parliament and the European Council.

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

AddedArticle 63 – paragraph 3 b (new): 3b. Within two years of its establishment, the waste shipment 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 persistent trends in illegal shipments and enforcement activities.

AddedArticle 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 networks or other stakeholders.

AddedArticle 64 – paragraph 2 – point b: (b) the powers conferred onto the Commission, the European Prosecutor's Office or the European Anti-Fraud Office (OLAF), respectively, in other legal acts, in particular in Council Regulation (EU) 2017/19391a, Regulation (EU, Euratom) 883/2013 of the European Parliament and of the Council65 , Council Regulation 515/9766 , or Council Regulation 2185/9667 .

AddedArticle 69 – paragraph 4 – subparagraph 3: The report mentioned in the first subparagraph shall be drawn up for the first time by [OP: Please insert date of the end of the third year after the date of entry into force of this Regulation] and every three years thereafter.

AddedArticle 69 – paragraph 4 a (new): 4a. The Commission shall assess and present a report to the Council and the European Parliament on how the financial obligations under-extended producer responsibility should apply to used goods or waste shipped from the Union.

AddedArticle 69 – paragraph 4 b (new): 4b. Using data from the central system, as well as data from reports by relevant EU agencies, this report shall present an analysis of shipments and treatment of specific waste streams, identified as illegal practices in this regard, of implementation of this Regulation, including compliance by competent authorities with deadlines set out in this Regulation, and of the contribution by the sector towards the transition to a circular economy and climate neutrality by 2050 in accordance with Regulation (EU) 2021/1119 of the European Parliament and of the Council (the ‘European Climate Law’).

AddedArticle 69 – paragraph 4 c (new): 4c. The waste shipment enforcement group, the correspondents and the sector-specific climate dialogues and partnerships within the waste sector shall be invited to review and give comments on the report ahead of its publication.

AddedArticle 69 – paragraph 4 d (new): 4d. In accordance with Regulation (EU) 2021/1119 of the European Parliament and of the Council, the Commission shall facilitate sector-specific climate dialogues and partnerships within the waste sector of the economy.

AddedArticle 72 – paragraph 1 a (new): The Commission shall, if requested by Member States or if otherwise appropriate, periodically hold a meeting of the correspondents. During those meetings, correspondents shall examine the questions raised by the implementation of this Regulation, and may also discuss other relevant topics related to the implementation of this Regulation. Particular attention may be given to discussions on the monitoring the state of the Union market for shipments of waste, to enabling the exchange of best practices, information and facilitating cooperation between competent authorities, with the aim of removing barriers to the harmonisation of practices of shipments of waste between Member States and the implementation of environmentally sound techniques for waste management. / Relevant stakeholders shall be invited to the meetings of the correspondents, or parts of those meetings, where appropriate.

AddedArticle 72 – paragraph 1 b (new): Relevant stakeholders shall be invited to the meetings of the correspondents, or parts of those meetings, where appropriate.

AddedArticle 75 – paragraph 1 a (new): 1a. The Commission is empowered to adopt delegated acts in accordance with Article 76 to amend Annex III, in particular Part I, paragraph 2, point (fa) in order to modify contamination thresholds.

AddedArticle 75 – paragraph 3 a (new): 3a. By ... [insert the date 12 months after the date of publication of this regulation], the Commission shall assess adding entries on mixtures of waste such as used footwear, clothing and other textile products, including the mixtures of these, mineral wool, as well as mattresses to Annex IIIB. Where appropriate, that assessment shall be accompanied by a delegated act in accordance with Article 76 to amend Annex IIIB.

AddedArticle 80 – paragraph 1: By 31 December 2030, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 69, and the review referred to in Article 59(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal.

AddedArticle 80 – paragraph 1 a (new): By 31 December [2038], the Commission shall review the data and justifications underpinning the decision to restrict the export of plastic waste outside of the Union and EFTA countries, with a view to assessing the proportionality of that measure.

AddedAnnex IA – Block 7: 9. Bale / 10. Other (specify)

AddedAnnex IB – Block 7: 9. Bale / 10. Other (specify)

Annex IC – Part V – point 46 – subparagraph 1: Block 18: This block is to be completed by the authorised representative of the disposal or recovery facility upon receipt of the waste consignment. Tick the box of the appropriate type of facility. With regard to the quantity received, please refer to the specific instructions on block 5 (paragraph 36). A signed copy of the movement document is given to the last carrier. If the shipment is rejected for any reason, the representative of the disposal or recovery facility must immediately contact his or her competent authority. According to Article 16(3) or, if appropriate, 15(3) of this Regulation and the OECD Decision, confirmation to the notifier and the relevant authorities that the waste has been received must be provided within two working days (with the exception of those OECD transit countries which have informed the OECD Secretariat that they do not wish to receive such copies of the movement document). The original movement document shall be retained by the disposal or recovery facility.

Change 27

RemovedSee justification for Amendment to Article 8 – paragraph 2 and justification for Amendment to Article 15 – paragraph 3.

AddedAnnex III – Part I – paragraph 2 – point f a (new): (fa) for waste shipped within the Union, the reference to "almost free from contamination and other types of waste" [in Basel entry B3011/ EU3011] shall be understood to mean that the content of contamination does not exceed in total a maximum of 6% of the consignment.

RemovedAnnex VIII – Part 2 –point 6: 6. Please provide a list of facilities authorised under the domestic legislation of the country to recover the waste(s) covered by this request (including at least the name and address of these facilities, their permit number, the types of waste(s) that they are authorised to recover, their authorised treatment capacity, and the technological capability of the facilities). This should preferably be provided through a website link where information on the concerned facilities is publicly and electronically accessible (e.g. website link of the competent authority).

AddedAnnex III – Part I – paragraph 2 – point g: deleted / (deleted) / (This amendment applies throughout the text. If adopted, references to EU3011 shall be replaced by references to Basel entry B3011.)

RemovedIt is important to have access to information about the technologies for waste treatment available at the facilities, as it is essential for the quality of the recycling.

AddedThe EU should fully adhere to the provisions of the Basel Convention. It should therefore maintain the Basel entry B3011 of Annex IX of the Basel Convention with regard to non-hazardous plastic waste. Only those waste fall under the green list procedure in the EU. The entry EU3011 would deviate from Basel entry B3011 by unduly adding problematic PTFE and PVC waste to the green listed waste. Such waste are listed under Basel Annex II for good reasons due to the problems they create and shipments thereof in the EU should therefore be controlled. This is necessary to ensure that Member States who do not wish to receive PTFE and PVC waste can object to such shipments.

AddedAnnex IIIA – point 2 – point e a (new): (ea) mixtures of wastes classified under Basel entries B1010 and B2020;

AddedAnnex IIIA – point 2 – point e b (new): (eb) mixtures of waste classified under EU3011and Basel entry B3040 and B1010 limited to waste from window and door frames.

AddedAnnex IV – Part I – paragraph 1 – subparagraph 1 a (new): Waste classified as hazardous in the list of waste established pursuant to Article 7 of Directive 2008/98/EC.

AddedAnnex IV – Part I – paragraph 2 – point f: deleted / (deleted) / (This amendment applies throughout the text. If adopted, references to EU48 shall be replaced by references to Basel entry Y48.)

AddedThe EU should fully adhere to the provisions of the Basel Convention. It should therefore maintain the Basel entry Y48 with regard to contaminated plastic waste and mixtures of plastic waste. The entry EU48 would be more lenient on certain mixtures of plastic waste, which is not appropriate.

AddedAnnex V – point 2 – subparagraph 1: This Annex consists of two parts. Article 36 further refers to the list of waste as referred to in Article 7 of Directive 2008/98/EC. For the purposes of this Regulation and to determine whether a specific waste is listed as referred to in Art. 36 of this Regulation, the list of waste as referred to in Article 7 of Directive 2008/98/EC applies only when Part 1 of this Annex is not applicable. If a waste is not listed in Part 1 of this Annex, and not listed asa hazardous waste in the list of waste as referred to in Article 7of Directive 2008/98/EC, namely types of waste marked with an asterisk, only then it should be checked if it is listed in Part 2 of this Annex.

AddedCountries who would like to be included in the list of countries to which the export of non-hazardous waste destined for recovery from the European Union are authorised should also provide information about the status with regard to membership in the Fundamental ILO Conventions, as respecting workers’ legislation is a prerequisite for environmentally sound management of waste.

AddedAnnnex VIII – Part 2 a (new)

AddedAmendment: Part 2a (new) / Commitment to ensure that waste(s) received from the European Union is managed and treated in accordance with Article 56. / Hereby, [name and contact details of competent authority], on behalf of [country] (hereafter ‘the country’) declares that the country ensures that any waste shipped to its territory is managed without endangering human health and in an environmentally sound manner in accordance with Article 56 of this Regulation.

AddedCountries who would like to be included in the list of countries to which the export of non-hazardous waste destined for recovery from the European Union are authorised should sign a commitment to ensuring environmentally sound management of the imported waste.

AddedAnnex IX – Part 1 – point 2 – point b: (b) Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions, including adopted best available techniques.

AddedAnnex IX – Part 2 a (new): 2a International Conventions on labour rights / The eight fundamental ILO Conventions as defined under the ILODeclaration on Fundamental Principles and Rights at work1a / 1a https://www.ilo.org/declaration/lang--en/index.htm

AddedAnnex X – point 1: 1. The audit referred in Article 43(2) verifies that the actual performance of all activities of the facility managing the waste in the country of destination comply with the following conditions, where relevant:

Annex X – point 1 – point b: (b) it is designed, constructed and operated in a safe and environmentally sound manner and, in particular, it has the required processes, appropriate recycling technology, organisation and infrastructure in place to treat the waste in question, and insurances covering potential risks and liabilities. To this end, as a minimum, information on the waste treatment methods, including how they deal with residual waste, notably through downstream traceability, must be checked;

Change 28

RemovedRecycling technology is important for the quality of the recycled output.

AddedAnnex X – point 1 – point c – introductory part: (c) it establishes and operates management and monitoring systems, procedures and techniques that have the purpose of preventing, reducing, minimising and to the extent practicable eliminating:

Change 29

ChangedAnnex X – point 1 – point e:f: (e)(f) it hasestablishes takenand measuresis designedable to applyprovide energyrecords efficientof solutionsits waste management and limitwaste shipment activities for the emissionslast offive greenhouseyears; gasesif linkeda plant has operated for less than five years, it establishes and is able to provide records of its waste management and waste shipment activities seenfor fromthe atime life-cycleit perspective;has operated;

Change 30

RemovedAnnex X – point 1 – point f: (f) it establishes and is able to provide records of its waste management and waste shipment activities for the last five years; if a plant has operated for less than five years, it provides records for as many years as the facility has operated;

AddedAnnex X – point 2 – introductory part: 2. Upon verifying compliance of all relevant activities of a facility against the above criteria, the independent third party performing the audit must in particular take into account, as a point of reference and where relevant:

RemovedClarity should be provided regarding conditions for facilities which have operated in less than five years, as newer facilities shall not be in disadvantaged conditions.

AddedAnnex X – point 2 – point b a (new): (ba) other Union legislation as referred to in Part 1 of Annex IX.