What changed between the adopted text of 17 Jan 2023 and the adopted text of 27 Feb 2024

Removed:Recital 10 a (new): (10a) Research and innovation should be an integral part of the European waste management sector. The research and innovation network for waste should include industry, universities and other research institutions. Accordingly, revisions of this Regulation and its relevant associated acts should take into account innovation in waste management techniques, where such techniques contribute to the environmentally sound management of waste.

Added:– after consulting the Committee of the Regions,

Removed:Recital 10 b (new): (10b) To ensure a real transition towards a circular economy for shipments of waste from its place of origin to the best place of treatment for such waste, the principle of proximity, material efficiency as well as the need to reduce the environmental footprint of waste should be taken into account.

Removed:Recital 11 a (new): (11a) This regulation should provide legal certainty and ensure uniform application of Union legislation within the area of waste management to facilitate compliance with the relevant provisions on protection of the environment and human health. Creating an undue administrative burden, especially for small and medium-sized enterprises, should be avoided.

Removed:Recital 16 a (new): (16a) To take account of innovation in waste treatment technologies with regard to environmental sound management, as well as of changes in consumer behaviour with regard to the sorting of waste, it is essential that Annex IIIB be continuously updated. The Commission should in particular assess whether to add entries on used footwear, clothing and other textile products, mineral wool and mattresses.

Removed:Recital 16 b (new): (16b) A well-functioning Union market for waste shipments should prioritise proximity, self-sufficiency and the use of the best available techniques in waste management as guiding principles. Achieving a fair transition to a circular economy is essential to attaining a climate neutral, resource-efficient and competitive Union economy that is sustainable in the long run.

Removed:Recital 20: (20) It is necessary to provide for procedural steps and safeguards, when a notifier wishes to ship waste, in the interests of legal certainty and to ensure uniform application of this Regulation and the proper functioning of the internal market, contributing to long-term competitiveness of the Union. It is also necessary, in line with Article 6(11) of the Basel Convention, to ensure that the costs arising from situations where the shipment of waste subject to the prior written notification and consent cannot be completed or is illegal, are borne by the relevant operators. To this end, the notifier should establish a financial guarantee or equivalent insurance for each shipment of waste.

Removed:Recital 22: (22) In order to reduce delays in the processing of notifications for the shipment of waste and facilitate the exchange of information between the relevant authorities and the economic operators, it is imperative that the issuance and exchange of information and data, which relates to individual shipments of waste within the Union, be made via electronic means. The central system and the national system should be interlinked and fully operational. To facilitate the reduction of delays, it is crucial that those systems allow document sharing and contain a fully searchable database of information related to shipments of waste. It is also necessary to empower the Commission to lay out the procedural and operational requirements for the practical implementation of the systems ensuring this electronic submission and exchange of information (such as interconnectivity, architecture and security). It is also necessary to provide sufficient time for competent authorities in the Member States and economic operators to prepare for the shift from a paper based approach, as laid down in Regulation (EC) No 1013/2006, to an approach to exchange information and documents electronically. This new obligation should therefore become applicable 24 months after the date of entry into force of this Regulation, before which access to the central system, in its final version should be granted to relevant authorities for the purpose of testing and learning.

Removed:Recital 22 a (new): (22a) Competent authorities should ensure that there are alternative procedures as safeguards in the electronic system. In the event of a temporary failure of the central system, data should remain protected and accessible, and procedures related to shipments should be carried out without unnecessary delays.

Added:P9_TC1-COD(2021)0367

Removed:Recital 30: (30) With a view to ensuring that competent authorities are able to correctly process the documents submitted to them relating to the shipment of waste, while avoiding an undue administrative burden, the notifier should provide notifications, information, documentation or other communications in the official language of the Member State of the competent authorities concerned or in English. An authorised translation of these documents in a language acceptable to these authorities, should be provided if the competent authorities so request, but only in duly justified cases.

Added:Position of the European Parliament adopted at first reading on 27 February 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006

Removed:Recital 31: (31) In order to avoid disruptions of shipments of waste or goods, due to a disagreement between competent authorities on the status of these waste or goods, it is necessary to set out a procedure to resolve such disagreements. It is important in that regard that competent authorities base their decisions on the provisions relating to the determination of by-products and to the end-of-waste status of Directive 2008/98/EC. It is also necessary to establish criteria for the classification of specific waste in the Annexes to this Regulation and to lay out a procedure to resolve disagreements between competent authorities as to whether waste should be subject or not to the notification procedure. In addition, in order to provide legal certainty and to avoid that waste are falsely declared as used goods, it is necessary to establish criteria to distinguish between used goods and waste, for specific commodities for which such distinction is important, especially for their export from the Union.

Added:(As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act, Regulation (EU) 2024/1157.)

Removed:Recital 36: (36) To protect the environment of the countries concerned, it is necessary to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in third countries to which the OECD Decision does not apply, in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households, residues from the incineration of household waste and hard-to-recycle, contaminated or mixed plastic waste.

Removed:Recital 36 a (new): (36a) The Union should thoroughly rethink the management of its plastic waste, starting with prevention and ensuring that such waste is collected, reused and recycled.

Removed:Recital 36 b (new): (36b) Plastic waste poses particular challenges. There is a wide diversity of polymers, and they often contain hazardous additives and numerous contaminants. Measuring the levels of hazardous additives and of contaminants for export control purposes would require costly testing. Recycling levels for plastic waste are low, and the recycling of plastic waste can create large amounts of residual waste. Some major shipping companies are committed to stopping the transport of plastic waste to help curb pollution. In light of various problems created by plastic waste management in third countries, the Union should gradually phase out the export of all kinds of plastic waste outside of the Union and EFTA countries.

Removed:Recital 36 c (new): (36c) To ensure there is effective enforcement of the phase-out of export of plastic waste outside of the Union and EFTA countries, it is necessary to carry out regular monitoring and inspection at checkpoints, including to prevent any circumvention of the phase-out requirement by false claims that it is not waste.

Removed:Recital 36 d (new): (36d) To promote plastics recycling in the Union, a market for products containing recycled plastic should be supported. The Commission should assess the introduction of targets on recycled content, particularly, but no limited to, for products made out of plastic, and, where appropriate, submit a legislative proposal accordingly.

Removed:Recital 37 a (new): (37a) It is necessary to ensure that the shipment of waste that is necessary for building strong value chains is facilitated within the internal market, while ensuring that adequate controls are in place. Strengthening key value chains will accelerate the development of our resilience and enhance the Union’s strategic autonomy.

Removed:Recital 38: (38) Countries to which the OECD decision applies are subject to the rules and recommendations laid down by the OECD on the shipment and management of waste, and have generally higher standards for the management of waste than countries to which the OECD decision does not apply. It is however important that the export from the Union of non-hazardous waste for recovery does not create damages to environment and public health in countries to which the OECD decision applies. It is therefore necessary to establish a mechanism to monitor shipments of non-hazardous waste to such countries. In cases where there is a lack of information available demonstrating the ability of the country concerned to recover this waste in an environmentally sound manner, as well as information about the negative impacts of the management of domestic waste in the country concerned, the Commission should enter into a dialogue with the country concerned and, if the information is not sufficient to prove that the waste is recovered in an environmentally sound manner, be empowered to suspend such exports.

Removed:Recital 49: (49) To support and complement the enforcement activities of the Member States, the Commission should be empowered to carry out investigative and coordinating actions in respect of illegal shipments, which might have serious adverse effects on human health or the environment. In carrying out these activities, the Commission should act in full respect of procedural guarantees. The Commission may consider, as a matter of its internal organisation, entrusting certain enforcement actions foreseen by this Regulation to the European Anti-Fraud Office (OLAF), which possesses relevant expertise in that regard. If competent authorities in the Member States of dispatch and destination are notified of an illegal shipment of waste, they should consider how they could increase their control measures for similar shipments to identify illegal shipments of waste at an early stage.

Removed:Recital 50: (50) Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire. The Commission should produce a report every three years on the implementation of this Regulation, based on the information provided by the Member States as well as on other information, gathered in particular through ad hoc reports by the Commission and the European Environment Agency on the shipments of plastic waste and other specific waste streams that are a source of concern. The central system for electronic submission and exchange of information and documents should be designed in such a way that data can be extracted from the system for the purpose of those reports.

Removed:Recital 52: (52) In order to facilitate the exchange of information and cooperation for the harmonised implementation of this Regulation, Member States should designate competent authorities and correspondents and notify them to the Commission, which should make this information publicly available.

Removed:Recital 54: (54) In order to supplement or amend this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of Articles 14(3), 28(4), 38(1), 42(4) and Article 75 of this Regulation. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Removed:Recital 55: (55) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission to adopt a simple, risk-based and harmonised method for calculating the financial guarantee or equivalent insurance. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council53. If the Commission determines that a harmonised calculation method for the financial guarantee or equivalent insurance is appropriate, it should consider how the central system could be utilised to enable innovative methods for determining financial guarantees.

Removed:Recital 55 a (new): (55a) To further facilitate harmonisation of the internal market and practices between Member States in relation to shipments of waste, the Commission should investigate whether further standardisation of contracts is possible in accordance with the principle of subsidiarity.

Removed:Article 1 – paragraph 1: This Regulation lays down measures to to protect the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste including in third countries. It establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination. It seeks to contribute to achieving a circular economy, resource efficiency, climate neutrality and zero pollution ambition for a toxic-free environment by applying the principles of proximity and self-sufficiency as laid down in Directive 2008/98/EC. It also seeks to reduce the administrative burden by harmonising the shipment of waste rules within the Union and by digitalising the exchange of information concerning shipments of waste.

Removed:Article 3 – paragraph 1 – point 4: (4) ‘environmentally sound management’ means taking all practicable steps to ensure that waste is managed in a manner that will protect human health, the climate and the environment against adverse effects which may result from such waste, and the treatment thereof;

Removed:Article 3 – paragraph 2: In addition, the definitions of ‘waste’, ‘hazardous waste’, ‘treatment’, ‘disposal’, ‘recovery’, ‘material recovery’, ‘preparing for re-use’, ‘re-use’, ‘recycling’, ‘waste producer’, ‘waste holder’, ‘dealer’ and ‘broker’ laid down in Article 3, points (1), (2), (14), (19), (15), (15a), (16), (13), (17), (5), (6), (7) and (8) respectively of Directive 2008/98/EC shall apply.

Removed:Article 4 – paragraph 2 – point a a (new): (aa) Waste that contains or is contaminated with a substance listed in Annex IV of Regulation (EU) 2019/1021 on persistent organic pollutants if not listed elsewhere;

Removed:Article 4 – paragraph 4 – point b: (b) the amount of waste does not exceed 150 kg for laboratory analysis, 2000 kg for experimental treatment-trials or any higher amount agreed on a case-by-case basis by the competent authorities concerned and the notifier.

Removed:Article 4 – paragraph 5: 5. Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties, for example refuse- derived fuels, where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.

Removed:Article 5 – paragraph 1 – subparagraph 1: Only notifiers that have received a permit or are registered in accordance with Chapter IV of Directive 2008/98/EC or operators of experimental treatment trials or laboratories may submit a prior written notification (‘notification’).

Removed:Article 5 – paragraph 2 – subparagraph 3: When the notifier is not the original waste producer referred to in Article 3, point (6)(a)(i), the notifier shall ensure that the original waste producer or one of the persons indicated in Article 3, points (6)(a)(ii), (iii) or (iv), also signs the notification document. A dealer or a broker shall ensure they have a written authorisation from one of the persons referred to in Article 3, points (6)(a)(i), (ii) or (iii), to act on their behalf, and that written authorisation shall be included in the notification.

Removed:Article 7 – paragraph 6: 6. By way of derogation from paragraph 5, where the waste shipped is destined for interim recovery operations or disposal operations and a further recovery operation or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 16(4). In that case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the shipment is between two facilities controlled by the same legal entity or the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In those circumstances, the competent authority of destination shall be responsible for obligations arising in the case of take-back where the shipment or the further recovery or disposal operation cannot be completed as intended, as referred to in Article 22, or in the case of an illegal shipment, as referred to in Article 24.

Removed:Article 7 – paragraph 10 – subparagraph 1: The Commission shall, at the latest by [OP: Please insert date of two years after the date of entry into force of this Regulation], assess the feasibility of establishing a simple, risk-based and harmonised calculation method for determining the amount of financial guarantees or equivalent insurances and, if appropriate, by ... [insert the date three years after the date of entry into force of this Regulation] adopt an implementing act to establish such a simple, risk-based and harmonised calculation method. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 77(2).

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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;

Removed:Article 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;

Removed:Article 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,;

Removed:Article 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.

Removed:Article 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;

Removed:Article 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;

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed: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;

Removed:Article 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;

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

Removed:Article 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.

Removed:Article 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.

Removed: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.

Removed: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.

Removed:Article 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.

Removed: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.

Removed:Article 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).

Removed:Article 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.

Removed:Article 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.

Removed: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:

Removed:Article 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.

Removed:Article 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.

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

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 30 – title: Multilateral agreements

Removed:Article 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…

Removed: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.

Removed: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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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;

Removed:Article 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.

Removed: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:

Removed:Article 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.

Removed:Article 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];

Removed:Article 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.

Removed:Article 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.

Removed:Article 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;

Removed:Article 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;

Removed:Article 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;

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 43 – paragraph 7 a (new): 7a. The Commission shall establish and maintain a central, publicly accessible and up-to date register of audited facilities. The register shall contain the names and location of the audited facilities and the date of the most recent audit. The information shall not include confidential business information or information about the person commissioning the audit. Disclosure of personal data protected in accordance with the Regulation (EU) 2016/679 (‘GDPR’) shall also be prevented.

Removed:Article 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.

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

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

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

Removed:Article 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).

Removed:Article 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.

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

Removed:Article 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.

Removed:Article 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.

Removed:Article 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:

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

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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) No 883/2013 of the European Parliament and of the Council65, Council Regulation (EC) No 515/9766, or Council Regulation (Euratom, EC) No 2185/9667 . / 1a Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).

Removed:Article 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.

Removed:Article 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.

Removed:Article 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’).

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

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

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

Removed:Article 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.

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

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

Removed: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.

Removed:Annex 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] shall be understood to mean that the content of contamination does not exceed in total a maximum of 6% of the consignment.

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

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

Removed:Annex IIIA – point 2 – point e b (new): (eb) mixtures of waste classified under Basel entries B3011, B3040 and B1010 limited to waste from window and door frames.

Removed:Annex 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.

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

Removed:Annex 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 as a 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.

Removed:Annnex VIII – Part 2 a (new)

Removed:Amendment: 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.

Removed:Annex 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.

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

Removed:Annex 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:

Removed: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;

Removed:Annex 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:

Removed:Annex 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 establishes and is able to provide records of its waste management and waste shipment activities for the time it has operated;

Removed:Annex 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:

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