Where the provisions in Article 27 do not apply or where actors outside the Union are not connected to the central system referred to in Article 27(3), the relevant actors may submit and exchange information and documents referred to in this Regulation by post, fax, email with digital signature, email without digital signature followed by post or, where agreed between the actors concerned, by email without digital signature. In case of email with digital signature, any stamp or signature required shall be replaced by the digital signature.
1. Before the end of each calendar year, each Member State shall submit to the Commission a copy of the report it has drawn up and submitted to the Secretariat of that Convention for the previous calendar year in accordance with Article 13(3) of the Basel Convention.
2. Before the end of each calendar year, Member States shall also draw up a report for the previous calendar year, based on the additional reporting questionnaire in Annex XI, and submit it to the Commission. Within a month of submission of that report to the Commission, Member States shall make the section of that report relating to Articles 25, 60(1) and 63(1), including Table 7 of Annex XI, publicly available, electronically via the internet, together with any explanation that the Member States consider to be appropriate, and inform the Commission on the related hyperlinks. The Commission shall compile a list of the Member States’ hyperlinks and make it publicly available on its website.
3. The reports drawn up by Member States in accordance with paragraphs 1 and 2 shall be submitted to the Commission electronically.
4. The Commission shall review the data reported in accordance with this Article and publish a report with the results of its review.
In addition, the Commission shall address in that report the following elements:
(a)
trends in illegal shipments and best practices to tackle such shipments, taking into account recommendations made by the waste shipment enforcement group referred to in Article 66;
(b)
the efficiency of the procedure of prior written notification and consent laid down in Chapter 1 of Title II, and notably the related timelines, inter alia, by analysing elements such as the number of objections and consents, and the time between the submission of and a decision taken on a notification, based on data stored in the system referred to in Article 27;
(c)
contribution of this Regulation to climate neutrality, achieving circular economy and zero pollution, taking into account the reports and data published by relevant Union’s agencies.
The European Environment Agency shall support the Commission in the task of monitoring the implementation of this Regulation by, where appropriate, drawing up reports providing an analysis of the shipments of specific waste streams, and of their environmental impacts.
The report mentioned in the first subparagraph shall be drawn up for the first time by 31 December 2029 and every three years thereafter.
5. After 21 May 2029, the Commission shall draw up a report assessing whether the implementation of the provisions contained in Articles 39 to 46 has ensured the environmentally sound management of plastic waste, both in the EU and in countries where such waste has been exported from the Union, as well as no significant adverse effects occurred on the treatment of domestic waste in importing countries. It shall take into consideration information and elements provided by Member States involved in export of plastic waste, by the competent authorities of the countries of import, as well as by economic operators and civil society organisations.
The report shall also provide information on the evolution of the capacity of waste operators in the Union to manage plastic waste generated in the Member States and imported into the Union in an environmentally sound manner.
The report shall also assess if the provisions on the shipments of waste between Member States have contributed to improving the management of plastic waste, especially looking at the classification of plastic waste under entry EU3011.
This report shall be accompanied, if appropriate, by a legislative proposal to amend this Regulation, which could include stricter conditions on the export of plastic waste to third countries, including export prohibitions.
Member States, where appropriate and necessary in liaison with the Commission, shall cooperate with other Parties to the Basel Convention and inter-State organisations, inter alia, via the exchange or sharing of information, the promotion of environmentally sound technology and the development of appropriate codes of good practice.
Member States shall designate the competent authority or authorities responsible for the implementation of this Regulation. Each Member State shall designate only one single competent authority of transit.
Member States and the Commission shall each designate one or more correspondents responsible for informing or advising persons or undertakings making enquiries relating to the implementation of this Regulation. The Commission correspondent shall forward to the correspondents of the Member States any questions put to him or her which concern the Member States, and vice versa.
Member States may designate specific customs offices of entry and exit for shipments of waste entering and leaving the Union. Where a Member State decides to designate such customs offices, no other border crossing points within that Member State shall be used for the purposes of shipments entering or leaving the Union.
Notification of, and information regarding, designations
1. Member States shall notify the Commission of designations of:
(a)
competent authorities, pursuant to Article 75;
(b)
correspondents, pursuant to Article 76;
(c)
where relevant, customs offices of entry and exit, pursuant to Article 77.
2. In relation to the designations referred to in paragraph 1, Member States shall provide the Commission with the following information:
(a)
names;
(b)
postal addresses;
(c)
email addresses;
(d)
telephone numbers;
(e)
languages acceptable to the competent authorities.
3. Member States shall immediately notify the Commission of any changes in the information referred to in paragraphs 1 and 2.
4. The information referred to in paragraphs 1 and 2, as well as any changes in that information shall be submitted to the Commission electronically.
5. The Commission shall publish on its website lists of the designated competent authorities, correspondents and, where relevant, customs offices of entry and exit, and shall update those lists as appropriate.
1. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annexes IA, IB, IC, II, III, IIIA, IIIB, IV, V, VI and VII in order to take account of changes agreed under the Basel Convention and the OECD Decision.
2. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IC, in order to adapt it to the implementation of Article 27, after 21 May 2026.
3. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IIIA, in order to, following the submission of a request by a Member State or on its own initiative, include in that Annex mixtures of two or more wastes listed in Annex III, provided that the composition of those mixtures of wastes does not impair their environmentally sound recovery and where it is demonstrated that the mixture of wastes in question will be managed in an environmentally sound manner within the Union, and provide that one or more of the entries in Annex IIIA shall only apply for shipments between Member States where it is demonstrated that the mixture of wastes in question is expected not to be managed in an environmentally sound manner in countries to which the OECD Decision applies.
4. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IIIB, in order to, following the submission of a request by a Member State or on its own initiative, include in that Annex non-hazardous wastes not listed in Annex III, Annex IV or Annex V, where it is demonstrated that the waste in question will be managed in an environmentally sound manner within the Union.
5. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex VIII as regards the form and content of the information referred to in that Annex, based on experience gained during implementation of this Regulation and to update the form and information in that Annex regarding Union legislation and international guidance as regards environmentally sound management on the basis of developments in the relevant international fora or at Union level and to take account of scientific and technical progress.
6. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IX, in order to update the lists of Union legislation and international guidance as regards environmentally sound management on the basis of developments at Union level or in the relevant international fora.
7. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex X as regards the criteria contained in that Annex, based on experiences gained during implementation of this Regulation and to update the information in that Annex regarding Union legislation and international guidance on the basis of developments in the relevant international fora or at Union level as regards environmentally sound management and to take account of scientific and technical progress.
8. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex XII as regards the information contained in that Annex, based on experience gained during implementation of this Regulation.
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegation of power referred to in Articles 14(3), 15(6), 18(15), 27(2), 29(6), 39(5), 41(1), 43(4), 45(6), and Article 79 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Articles 14(3), 15(6), 18(15), 27(2), 29(6), 39(5), 41(1), 43(4), 45(6), and Article 79 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
6. A delegated act adopted pursuant to Articles 14(3), 15(6), 18(15), 27(2), 29(6), 39(5), 41(1), 43(4), 45(6), or Article 79 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
1. The Commission shall be assisted by the committee established by Article 39 of Directive 2008/98/EC. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.
Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Regulation (EU) No 1257/2013 is amended as follows:
(1)
in Article 3(2), the introductory wording is replaced by the following:
‘For the purposes of Article 6(2)(a), Article 7(2)(d) and Articles 13, 15 and 16,’
;
(2)
in Article 6(2), point (a) is replaced by the following:
‘(a)
are only recycled at ship recycling facilities that are included in the European List and, in the case of ships which are considered as hazardous waste, are located in an area under the national jurisdiction of a Member State and are exported from the Union, only at those facilities included in the European List which are located in countries listed in Annex VII to the Basel Convention.’.
Regulation (EU) 2020/1056 is amended as follows:
(1)
in Article 2(1)(a), point (iv) is replaced by the following:
‘(iv)
Article 9(2), 16(1) and Article 18(4) of Regulation (EU) 2024/1157 of the European Parliament and of the Council ( *1 ) ; this Regulation is without prejudice to controls by customs offices provided for in relevant provisions of Union legal acts;
( *1 ) Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 ( OJ L, 2024/1157, 30.4.2024, ELI:http://data.europa.eu/eli/reg/2024/1157/oj ).’;"
(2)
in Article 5, the following paragraph is inserted:
‘1a. By way of derogation from paragraph 1, competent authorities shall accept regulatory information, including additional information, pursuant to Regulation (EU) 2024/1157 as from 21 May 2026.
’;
(3)
in Article 5, paragraph 2 is deleted;
(4)
in Article 7, the following paragraph is added:
‘4. By way of derogation from paragraph 3, elements referred to in paragraph 1 that are related to information requirements set out in the provisions referred to in point (iv) of Article 2(1)(a) shall be adopted no later than the date referred to in Article 27(5) of Regulation (EU) 2024/1157.
’;
(5)
in Article 8, the following paragraph is added:
‘4. By way of derogation from paragraph 3, elements referred to in paragraph 1 that are specifically related to the accessing and processing by the authorities of regulatory information in relation to requirements set out in the provisions referred to in point (iv) of Article 2(1)(a), including the communication with the economic operators in relation to that information, shall be adopted no later than the date referred to in Article 27(5) of Regulation (EU) 2024/1157.
’;
(6)
in Article 9, the following paragraph is added:
‘3. By way of derogation from paragraph 2, elements referred to in paragraph 1 that are specifically related to the processing of regulatory information in relation to requirements set out in the provisions referred to in point (iv) of Article 2(1)(a) shall be adopted no later than the date referred to in Article 27(5) of Regulation (EU) 2024/1157.’.
By 31 December 2035, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 73, and the review referred to in Article 62(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.
The Commission shall, during its review and as a part of its report, assess in particular:
(a)
the efficiency of the procedure of prior written notification and consent laid down in Chapter 1 of Title II, and notably the related timelines in Articles 8, 14, 15 and 16, inter alia, by analysing elements such as the number of objections and consents, and the time between the submission of and a decision taken on a notification. The Commission may use data stored in the systems referred to in Article 27 for this purpose;
(b)
if publishing data on the shipments of waste in accordance with Article 21 provides adequate transparency, in particular by analysing if and why names of the facilities at destination were considered as confidential due to Union and national legislation by competent authorities or persons who arrange the shipments;
(c)
if this Regulation sufficiently contributed to climate neutrality, achieving a circular economy and zero pollution, taking into account the reports and data published by relevant Union’s agencies.
The Commission shall, during its review and as a part of its report, assess in addition whether the principle of equality in Union law has been respected, evaluate in this context possible impacts on any Member State’s competitiveness, and take rectifying measures where deemed necessary.
1. Regulation (EC) No 1013/2006 is repealed with effect from 20 May 2024.
2. However, the provisions of Regulation (EC) No 1013/2006 shall continue to apply until 21 May 2026 except for:
(a)
Article 30 that shall cease to apply from 20 May 2024;
(b)
Article 37 that shall continue to apply until 21 May 2027;
(c)
Article 51 that shall continue to apply until 31 December 2025.
3. Regulation (EC) No 1013/2006 shall also continue to apply to shipments for which a notification has been submitted in accordance with Article 4 of that Regulation and for which the competent authority of destination has given its acknowledgement in accordance with Article 8 of that Regulation before 21 May 2026. For those shipments, the provisions of this Regulation shall not apply.
4. Commission Regulation (EC) No 1418/2007 ( 47 ) is repealed with effect from 21 May 2027.
5. The recovery or disposal of waste in a shipment for which the competent authorities concerned have given their consent in accordance with Article 9 of Regulation (EC) No 1013/2006 shall be completed not later than one year from 21 May 2026.
6. Shipment for which the competent authorities concerned have given their consent in accordance with Article 14(2) of Regulation (EC) No 1013/2006 shall be completed not later than three years from 21 May 2026.
7. A pre-consent of a facility in accordance with Article 14 of Regulation (EC) No 1013/2006 shall cease to be valid not later than five years from 20 May 2024.
8. References to the repealed Regulation (EC) No 1013/2006 shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex XIII.
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
2. It shall apply from 21 May 2026.
3. However, in relation to the following provisions, the following dates of application shall apply:
(a)
Article 83, points 4, 5 and 6, from 20 August 2020;
(b)
Articles 2(2) point (i), Articles 7(10), 11(5), 14(3), 15(6), 18(15), 27(2) and (5), 29(3) and (6), Article 31, 41 to 43, Article 45, 51(7), 61(7), Article 66, Articles 79 to 82 and Article 83, points 1 to 3, from 20 May 2024;
(c)
Article 39 point (1)(d) from 21 November 2026;
(d)
Articles 38(2) point (b), Article 40, Article 44(2) point (a), and Articles 46 and 47 from 21 May 2027, except for Article 40(3)(b) which shall apply from 21 May 2026;
(e)
Article 73 from 1 January 2026.
