Changes from adopted text to adopted text

RemovedArticle 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 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.

RemovedArticle 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.

RemovedArticle 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 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.

RemovedArticle 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 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;

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 in relation to environmental or human health protection,;

RemovedArticle 11 – paragraph 3: 3. Where the competent authorities concerned have not authorised a planned shipment of waste destined for disposal within a time limit of 60 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.

RemovedArticle 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 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;

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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.

RemovedArticle 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;

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

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

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 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.

RemovedArticle 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.

RemovedArticle 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.

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 agree unanimously to waive the need for a new notification.

RemovedArticle 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.

RemovedArticle 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 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.

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 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 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:

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 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 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.

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

RemovedArticle 26 – paragraph 4 a (new): 4a. The functionality of the central system shall be reviewed by the Commission every two years. The findings of these reviews shall be communicated to the European Parliament and the Member States. / The review shall take into account, inter alia, comments raised by the correspondents. The review may additionally take into account feedback from other users, such as competent authorities and notifiers.

RemovedArticle 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 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.

RemovedArticle 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 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.

RemovedArticle 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 30 – title: Multilateral agreements

RemovedArticle 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 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.

RemovedArticle 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.

RemovedArticle 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 a (new): Article 30 a / Shipments from an outermost region / 1. By way of derogation from Article 5(5), Article 8(3), (4), (5) and (6) and Article 9(1), (2), (6) and (7), for shipments of waste between an outermost region referred to in Article 349 of the TFEU and its Member State requiring transit through another Member State, a tacit decision of consent to transit shall be deemed to have been issued by the authority of transit, unless that authority of transit objects within three days of receipt of written consent from the competent authority of dispatch and destination. / 2. Such tacit consent shall be valid for the period mentioned in the written consent of the competent authority of dispatch and destination.

RemovedArticle 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;

RemovedArticle 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.

RemovedArticle 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:

RemovedArticle 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 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];

RemovedArticle 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 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.

RemovedArticle 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 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;

RemovedArticle 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 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.

RemovedArticle 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.

RemovedArticle 42 – paragraph 4 – subparagraph 1: Where, further to the request referred to in paragraph 2, the country concerned does not provide sufficient evidence as referred to in paragraph 3 that the waste is managed in an environmentally sound manner in accordance with Article 56, or that there are no substantial adverse effects on the management of domestic waste as a consequence of the waste import, the Commission is empowered to adopt delegated acts in accordance with Article 76 to supplement this Regulation by prohibiting the export of the waste concerned to this country.

RemovedArticle 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.

RemovedArticle 43 – paragraph 2: 2. In order to fulfil the obligation referred to in paragraph 1, a natural or legal person intending to export waste from the Union shall ensure that the facilities which will manage the waste in the country of destination have been subject to an audit by an independent and accredited third party with appropriate qualifications. The third party carrying out the audit shall be certified in accordance with Union or internationally recognised standards, such as ISO 19011:2018, and the exporter shall obtain written confirmation of that certification prior to exporting. In order to safeguard the independence and objectivity of the audit, the natural or legal person that has commissioned it shall not intervene in the execution of the audit in any way.

RemovedArticle 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.

RemovedArticle 43 – paragraph 4 – subparagraph 2: A natural or legal person exporting waste from the Union shall also carry out ad-hoc audit without delay in case it receives evidence that a facility no longer complies with the criteria laid down in Annex X.

RemovedArticle 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.