### 20. expresses its deep concern about the increasingly frequent emergence and spread of zoonotic diseases that are transferred from animals to humans (anthropozoonoses); ### 20. recalls that 70 % of emerging diseases and pandemics have an animal origin according to ipbes; expresses its deep concern about the increasingly frequent emergence and spread of zoonotic diseases that are transferred from animals to humans (anthropozoonoses) , which is exacerbated by climate change , environmental degradation , land use changes , deforestation , the destruction of and pressure on biodiversity and natural habitats , illegal trafficking of wild animals , and our current food production and consumption systems;


### 22. calls for the adoption of a new resolution that encourages parties to adopt a one health approach to wildlife use and trade when implementing the convention , and to undertake appropriate risk analyses with respect to animal , human and environmental health; ### 22. calls for the adoption of a new resolution that encourages parties to institutionalise a one health approach to wildlife use and trade when implementing the convention and in their national laws , and to undertake appropriate risk analyses and prevention programmes with respect to animal , human and environmental health; encourages cites to continue to strengthening their active collaboration with other international organisations and conventions involved in zoonotic disease prevention in a one health approach;


### 22. calls for the adoption of a new resolution that encourages parties to adopt a one health approach to wildlife use and trade when implementing the convention , and to undertake appropriate risk analyses with respect to animal , human and environmental health; ### 22. calls for the urgent adoption of a new resolution that encourages parties to adopt a one health approach to wildlife use and trade when implementing the convention , and to undertake appropriate risk analyses with respect to animal , human and environmental health;


### species-specific matters ### urges the eu to support the establishment of a transparent and inclusive process for a further comprehensive , time-bound review of the res. conf. 10.21 on the transport of live specimens and the associated cites guidance on non-air transport; calls for the constitution of a joint animals and plants committee transport working group with a mandate to manage the regular review of the guidelines and to develop amendments to res. conf. 10.21 (rev. cop16) , to improve detailed transport requirements clarifying responsibilities for compliance , and to review their implementation by parties; calls on eu member states to support proposals to list the common hippopotamus hippopotamus amphibius in appendix i , given the ongoing concerns relating to population declines and trade in the species; urges the eu to support proposals to include additional turtle species on the cites appendices , including those involving the genera kinosternon , claudius and staurotypus; urges the eu to support the proposal led by costa rica with support from other range states to list glass frogs (family centrolenidae) on appendix ii of cites to ensure that trade in these species , which are often nationally protected in their range states , is legal and sustainable , noting that the eu is a major importer of exotic pets and has the responsibility to ensure its imports are legal and sustainable; calls on the eu and its member states to support the adoption of a decision proposed by the standing committee to reconvene the cites rhinoceros enforcement task force , highlighting the fact that poaching and illegal trade in rhinoceros horn remain major threats to the survival of african and asian rhinoceroses; calls on cites parties to urge botswana to report on any activities it is implementing to address rhinoceros poaching and illegal trade in accordance with resolution conf. 9.14 (rev.cop17) on conservation of and trade in african and asian rhinoceroses , given the serious concerns over the increase in rhinoceros poaching in botswana sincecop18;urges the eu to advance decisions and/or amendments to resolution conf. 17.10 on conservation of and trade in pangolins to encourage those parties with domestic markets to take all measures to close those markets and to destroy their pangolin stockpiles;


### 27. urges the eu to support the proposal led by the host country of the 19th meeting of the conference of the parties , panama , to list requiem sharks (family carcharhinidae) in appendix ii; ### 27. urges the eu , which plays a key role in global shark fisheries and trade , to support the proposal led by the host country of the 19th meeting of the conference of the parties , panama , to list requiem sharks (family carcharhinidae) in appendix ii;


### 29. urges all parties to prohibit trade in the five species in the panthera genus (tigers , lions , jaguars , leopards and snow leopards) , which have an unfavourable conservation status varying from ‘near threatened’ to ‘endangered’; ### 29. urges all parties to prohibit trade in the five species in the panthera genus (tigers , lions , jaguars , leopards and snow leopards) , which have an unfavourable conservation status varying from ‘near threatened’ to ‘endangered’; calls , furthermore , on the member states to prohibit captive breeding of these species by private entities , which are not licensed zoos , that can contribute to their illicit trade;


### trade in live african elephants ### elephants


### 30. calls on the commission to fully support and actively advocate the inclusion of all african elephants in appendix i of cites; ### 30. calls on the commission to fully support and actively advocate the inclusion of all african elephants in appendix i of cites and to oppose attempts to secure the downlisting of any elephant populations;


### proposal for a regulation of the european parliament and of the council amending annexes iv and v to regulation (eu) 2019/1021 of the european parliament and of the council on persistent organic pollutants (text with eea relevance) ### proposal for a regulation of the european parliament and of the council amending annexes iv and v to regulation (eu) 2019/1021 of the european parliament and of the council on persistent organic pollutants and amending annex iii to directive 2008/98/ec on waste and repealing certain directives (texts with eea relevance)


### ‘alkanes c10-c13 , chloro (short-chain chlorinated paraffins) (sccps) ### 85535-84-8


### tetrabromodiphenyl ether c12h6br4o ### 40088-47-9 and others


### a. whereas the forestry sector is an essential contributor to achieving the eu target of reducing greenhouse gas emissions by at least 55 % by 2030 , while also being a major source of biodiversity and playing an important role in the lives of communities; ### a. whereas forests are essential for climate mitigation and climate adaptation and their protection and restoration is needed to limit global warming to 1.5c , to achieve climate neutrality by 2050 and to achieve the eu target of reducing greenhouse gas emissions by at least 55 % by 2030 , while also being a major host of biodiversity and playing an important role in the lives of local communities;


### a. whereas the forestry sector is an essential contributor to achieving the eu target of reducing greenhouse gas emissions by at least 55 % by 2030 , while also being a major source of biodiversity and playing an important role in the lives of communities; ### a. whereas the forest land with its respective carbon pools is an essential element in climate change mitigation and adaptation action of the eu , and also contributes to achieving the eu target of reducing greenhouse gas emissions by at least 55 % by 2030 , while also being a major source of biodiversity and playing an important role in the lives of communities;


### a. whereas the forestry sector is an essential contributor to achieving the eu target of reducing greenhouse gas emissions by at least 55 % by 2030 , while also being a major source of biodiversity and playing an important role in the lives of communities; ### a. whereas forests are an essential contributor to achieving the eu target of reducing greenhouse gas emissions by at least 55 % by 2030 , while also being a major source of biodiversity and playing an important role in the lives of communities;


### a. whereas the eu has set the binding target of reaching climate neutrality by 2050; whereas the eu is committed to the un sustainable development goals and the paris agreement; whereas forests and forest-based industries will play a major role in achieving these sdgs and paris agreement targets; ### a. whereas the eu has set the binding targets of reducing greenhouse gas emissions by at least 55 % by 2030 and reaching climate neutrality by 2050; whereas the eu is committed to the un sustainable development goals and the paris agreement; whereas forests will play a major role in achieving these sdgs and paris agreement targets , while also being major hosts of biodiversity;


### 1. welcomes the new eu forest strategy and its ambition to increase the balanced contribution of multi-functional forests to the targets of the green deal and of achieving a circular economy and climate neutrality by 2050; ### 1. welcomes the new eu forest strategy and its ambition to increase the balanced contribution of multi-functional forests to the targets of the green deal , and in particular of the eu 2030 biodiversity strategy , and of achieving a circular economy and climate neutrality by 2050;


### 2. recognises the multifunctional role of forests; stresses that policies that enhance biodiversity will help tackle climate change; calls on the eu to address the challenges and trade-offs resulting from the increasing demand for wood for materials , energy and the bioeconomy and the related rising risks of embodied deforestation imports , land grabbing , illegal logging and violation of indigenous peoples’ and local communities’ rights; ### 2. recognises the multifunctional role of forests; stresses that policies that enhance biodiversity will help tackle climate change; notes that the eu forest strategy aims to boost the entire sustainable forest bioeconomy that works in synergy with the eu’s increased climate and biodiversity ambition; calls on the eu to address the challenges and trade-offs resulting from the increasing demand for wood for materials , energy and the bioeconomy and the related rising risks of embodied deforestation imports , land grabbing , illegal logging and violation of indigenous peoples’ and local communities’ rights;


### 3. stresses that eu bioenergy policy , notably the renewable energy directive , must meet strict environmental and social criteria , reflecting the need to ensure effective recognition of and respect for customary land tenure rights of forest-dependent communities and of indigenous people; ### 3. stresses that eu bioenergy policy , notably the renewable energy directive , must meet strict environmental and social criteria , excluding primary woody biomass as an eligible fuel to public incentives and reflecting the need to ensure effective recognition of and respect for customary land tenure rights of forest-dependent communities and of indigenous people , in line with international tenure rights standards (notably ilo convention no 169 and fao voluntary guidelines on land tenures and principles for responsible investment in agriculture and food systems);


### 4. calls on the union and its member states to exclude burning forest biomass from any renewable energy targets; ### 4. recalls that wood based bioenergy is currently the main source of renewable energy , supplying 60% of eu’s renewable energy use; recalls that the compliance with the redii criteria for sustainable forest management relies on the existence of national forest legislation or on management systems at the level of the sourcing area; against this background , is worried about the environmental impact of increasing imports of biomass triggering deforestation abroad; insists that wood-based bioeconomy should remain within the boundaries of sustainability and be compatible with the eu’s 2030 and 2050 climate targets and biodiversity objectives; calls on the union and its member states to exclude burning forest biomass from any renewable energy targets; more broadly , stresses the need to apply the cascading principle for wood biomass and to respect the circular economy principles;


### 4. emphasises that the eu’s forests are characterised by diverse natural conditions , ownership patterns , forms of governance , challenges and opportunities , and that they have been formed by centuries of human intervention and management; ### 4. emphasises that the eu’s forests are characterised by diverse natural conditions , ownership patterns , forms of governance , challenges and opportunities , and that most of them are characterised by centuries of human intervention and management; stresses that primary forests and old-growth forests are forested areas that have developed through natural processes with little or no human intervention and management;


### 5. recognises the complexity of assessing the state of forests , as well as the uneven availability and quality of data and therefore stresses the need for continuous policy and scientific dialogue at all levels to improve data collection and harmonisation; ### 5. recognises the complexity of assessing the state of forests , as well as the uneven availability and quality of data and therefore stresses the need for continuous policy , scientific dialogue and increased financing at all levels to improve data collection and harmonisation;


### 6. recalls that the sustainability chapters of trade agreements must contain binding and enforceable forest-specific , human rights and responsible business conduct provisions; ### 6. recalls that the sustainability chapters of trade agreements must contain binding and enforceable forest-specific , human rights , anti-corruption and responsible business conduct provisions , including provisions to guarantee free , prior and informed consent of indigenous peoples and local communities and the recognition of land tenure rights of forest-dependent communities and of indigenous people;


### 6. underlines that the strategy must align with the work undertaken in international forums , such as forest europe and the food and agriculture organization , and should avoid duplicating work; further believes that , given the eu’s strong commitment to promoting the sustainable use of resources globally , the strategy should be implemented in such a way as to serve as a model of best practices; ### 6. underlines that the strategy must notably take into account the work undertaken in international forums , such as the food and agriculture organization; further believes that , given the eu’s strong commitment to protecting biodiversity and carbon sinks and promoting the sustainable use of resources globally , the strategy should be implemented in such a way as to monitor ongoing actions nationally and to serve as a model of best practices;


### 7. calls for the forestry sector to feature prominently in the 30 % spending target on climate of the neighbourhood , development and international cooperation instrument (ndici) – global europe , including financial or technical assistance for forest-producer partner countries. ### 7. calls for the forestry sector to feature prominently in the 30 % spending target on climate of the neighbourhood , development and international cooperation instrument (ndici) – global europe , including financial or technical assistance for forest-producer partner countries; in particular , calls on the eu to support partner countries in developing sustainable forest management practices and strategies based on scientific evidence and to prioritise accordingly proforestation (allow the biodiverse natural forests to grow) , which brings more immediate benefits to address the dual global crises of climate change and biodiversity loss than a strategy based on afforestation (planting new forests) or reforestation;


### 7. stresses that to deliver on its various objectives , the implementation of the strategy must be fit-for-purpose at the regional and local levels , including by adapting the implementation to local conditions and experiences , and must be based on the full recognition of property rights and an economically viable forestry sector , as key contributors to providing forests’ various services and improving resilience; ### 7. stresses that to deliver on its various objectives , the implementation of the strategy must be fit-for-purpose at the regional and local levels , including by adapting the implementation to local conditions and experiences , and by providing stakeholders with necessary skills; notes that it must be based on the full recognition of the polluters pay principle and of an economically viable forestry sector , as key contributors to providing forests’ various services and improving resilience;


### 13. takes note of the commission’s announcement on developing additional voluntary indicators and threshold values for sustainable forest management; underlines the need to align the commission’s work with that of forest europe and the food and agriculture organization , as well as to engage with the member states to ensure that indicators and value ranges are fit-for-purpose for their application at the local level under specific bio-geographic conditions; ### 13. welcomes the commission’s announcement on developing additional indicators and threshold values for sustainable forest management; whereas these indicators and thresholds should clearly indicate , at forest stand level or at least at landscape level , whether a forest is being managed sustainably or not , thereby allowing comparisons between different management approaches , their impact and the overall state of eu forests , allowing a distinction to be made between healthy forests and degraded ones , and to determine which restoration efforts have been successful; calls for the development of the sfm criteria to include concrete benchmarks and thresholds on , for example , the amount of dead wood , the amount of forests managed in accordance with close-to-nature forestry and , in general , the use of low impact silviculture; underlines the need for the commission’s work to build on the existing work of stakeholders , including the food and agriculture organization , as well as to engage with the member states to ensure that indicators and value ranges are fit-for-purpose for their application at the local level under specific bio-geographic conditions;


### 14. highlights that pressure on forests from natural disasters and other disturbances is being increasingly intensified by climate change and that strengthening forests’ resilience is a matter of urgency; notes the role that restoration and afforestation can play in strengthening resilience and enhancing biodiversity; notes that sustainable forest management consists of a broad array of actions and adaptive practices , many of which can play a key role in climate mitigation; ### 14. highlights that pressure on forests from natural disasters and other disturbances is being increasingly intensified by climate change and that strengthening forests’ resilience is a matter of urgency; notes the role that restoration and proforestation can play in strengthening resilience and enhancing biodiversity in particular supporting forests in becoming old-growths;


### 15. takes note of the ongoing work on guidance for ‘closer-to-nature’ forestry by the working group on forests and nature; believes that to ensure added value , guidance on this concept should incorporate results-oriented , scientifically and locally proven sustainable forest management practices to give managers the tools to yield connections and cooperation on better integrating biodiversity protection with improved management practices; ### 15. welcomes the ongoing work on ‘closer-to-nature’ forestry guidelines by the working group on forests and nature; urges that these guidelines set a high standard for ecosystem-based forestry practices that the eu can award with a quality label similar to the organic label whilst ensuring that there is no risk of greenwashing existing practices that undermine the eu's climate and biodiversity objectives; believes that to ensure added value , guidelines on this concept should incorporate results-oriented , scientifically and locally proven tools and instruments to support managers in better integrating biodiversity protection into sustainable forest management and to foster multifunctional and resilient forests;


### 17. notes that the european agricultural fund for rural development is the main source of support for forestry measures; further notes that between 2014 and 2020 , member states only spent 49 % of the available funds , and that the commission has identified administrative burden , insufficient attractiveness of the premiums and a lack of advisory services as reasons for this low usage; ### 17. notes that the european agricultural fund for rural development is the main source of support for forestry measures; further notes that between 2014 and 2020 , member states only spent 49 % of the available funds , and that the commission has identified administrative burden , insufficient attractiveness of the premiums and a lack of advisory services as reasons for this low usage; urges the commission to ensure that member states provide for payment for ecosystem services schemes related to forest ecosystems (air , carbon removal , climate change adaptation , water , wellbeing of local population , etc.) in their cap strategic plans and in the operational programmes under the relevant funds(rural development and cohesion); emphasises that such funds should not allow for continued emissions in other sectors;


### 18. points out that the forestry sector operates primarily as a market-based sector; stresses that putting a stronger emphasis on other ecosystem services should not lead to an increased dependency on subsidies and encourages the commission and member states to further pursue the development of market-based payment for ecosystem services schemes , such as carbon farming; ### 18. points out that the forestry sector operates primarily as a market-based sector; stresses that a stronger emphasis on other ecosystem services should be managed both through appropriate subsidies and the development of payment schemes for work that supports biodiversity objectives , such as data collection and monitoring;


### 19. acknowledges the important contribution of existing certification schemes to the further uptake of sustainable forest management; takes note of the commission’s announcement on developing a ‘closer-to-nature’ certification scheme; encourages the commission to cooperate with existing certification schemes and believes that to create added value , the certification must offer foresters a price premium for the provision of ecosystem services; ### 19. acknowledges the important contribution of existing certification schemes to the further uptake of sustainable forest management; welcomes the commission’s announcement on developing a ‘closer-to-nature’ certification scheme; encourages the commission to cooperate with and learn from existing certification schemes and believes that to create added value , the certification must reward higher ambitions for biodiversity protection and ensuring multifunctionality and resilience of forests; underlines however that current private certification systems do not necessarily provide a guarantee that forests are managed sustainably , as shown by the recent decision by the finnish regional control authorities (ely) to leave the working group on private certification due to the inability of the certification scheme to ensure sustainable forestry; notes that voluntary certification can only be a step towards the development of a more sustainable forest management in the eu and that the most harmful management practices should be excluded from all eu schemes and policies;


### 20. highlights that to unlock the full potential of forests to contribute to climate and circular economy targets , further research and development in the field of bio-based alternatives to fossil-based products are required and should be incentivised; underlines that a predictable regulatory environment is a precondition to attracting investments; ### 20. highlights that to unlock the full potential of forests to contribute to climate and circular economy targets , and align with biodiversity objectives , further research and development in the field of non-fuel , long-living and carbon-storing products are required and should be incentivised; underlines that a predictable regulatory environment is a precondition to attracting investments;


### 21. believes that to improve the coordinated provision of environmental and economic forest services , relevant eu framework programmes must be better aligned; ### 21. believes that to improve the coordinated provision of environmental , social , societal and economic forest services , relevant eu framework programmes must be better aligned;


### 22. stresses that the implementation of the strategy must focus on enabling small-holders to deliver on the multiple forest functions and calls on the commission and the member states to ensure that support programmes , payment for ecosystem services schemes and research funding are attractive and easily accessible; ### 22. stresses that the implementation of the strategy must focus on enabling small-holders to deliver on the multiple forest functions and calls on the commission and the member states to ensure that support programmes , payment for ecosystem services schemes and research funding are attractive and easily accessible to small-holders but suggests a capping or degressive scheme for larger actors;


### 23. underlines the importance of the forestry sector as a provider of jobs in rural communities and notes with concern the steady decline in employment and the high number of accidents in the sector; calls on the commission and the member states to monitor the effects of measures taken under the strategy on employment and work safety and highlights the importance of making this type of employment attractive , taking measures to increase the safety of work and adequately training workers; ### 23. underlines the importance of the forestry sector as a provider of jobs in rural communities and notes with concern the steady decline in employment and the high number of accidents in the sector; calls on the commission and the member states to monitor the effects of measures taken under the strategy on employment and work safety and highlights the importance of making this type of employment attractive and the opportunities of a more sustainable forest management toward this aim , taking measures to increase the safety of work and adequately training workers;


### 24. stresses the importance of accurate , integrated and up-to-date data on europe’s forests and takes note of the initiative for a legislative proposal for a framework on forest observation , reporting and data collection; underlines that the broad availability , high quality and transparency of data are preconditions to meeting the goals of the strategy and believes that to deliver added value the framework must build on existing mechanisms and processes through a bottom-up approach to best use the expertise and experience present in the member states; ### 24. stresses the importance of accurate , integrated and up-to-date data on europe’s forests and welcomes the initiative for a legislative proposal for a framework on forest observation , reporting and data collection; welcomes also , as part of the forest information system for europe (fise) , on the basis of improved copernicus products , other remote-sensing data and ground-based monitoring , that existing monitoring of climate effects and other natural or human-induced disturbances on forests will be strengthened; underlines that the broad availability , high quality and transparency of data are preconditions to meeting the goals of the strategy and believes that to deliver added value the framework must build on existing mechanisms and processes and to make the best use of the expertise and experience present in the member states;


### 25. believes that in order to ensure the availability of high-quality data , remote sensing technologies must be combined with data acquired by ground-based monitoring and must be interpreted in close cooperation with local experts; ### 25. believes that in order to ensure the availability of high-quality data , remote sensing technologies must be combined with data acquired by ground-based monitoring and must be interpreted in close cooperation with scientists and independent local experts;


### 26. takes note of the idea to introduce strategic plans for forests under the framework on forest observation , reporting and data collection; further notes that several member states already have national strategies for forests in place; ### 26. welcomes the idea to introduce strategic plans for forests under the framework on forest observation , reporting and data collection; further notes that several member states already have national strategies for forests in place and these should be further updated to better align with eu objectives;


### 28. highlights the importance of the standing forestry committee as a forum for discussing eu policies that impact the forestry sector; believes that to achieve policy alignment , the commission should increase dialogue between the standing forestry committee and other expert groups; ### 28. highlights the importance of the standing forestry committee as a forum for discussing eu policies that impact the forestry sector; believes that to achieve policy alignment , the commission should increase dialogue between the standing forestry committee and other expert groups , notably the civil dialogue group on forestry and cork and the cgbn sub-working group on nature and forest;


### 29. notes the extensive overlap among policies and legislation that impact forests and the forestry sector and stresses the importance of aligning them; ### 29. notes the extensive overlap among policies and legislation that impact forests and the forestry sector and stresses the importance of ensuring their coherence;


### 30. expresses its concern about reports of illegal logging and calls on the commission and the member states to increase their efforts to effectively implement relevant national and eu legislation; ### 30. expresses its concern about reports of illegal logging , including in state forests , and calls on the commission and the member states to increase their efforts to effectively implement relevant national and eu legislation in particular increase spending on enforcement; stresses that logging in violation of nature protection also constitutes “illegal logging”; deplores the length of time taken by the commission in pursuing infringement cases with a great risk that illegal logging continues and that it will be too late to reverse and repair the huge damage of logging to primary and other forests of ecological importance;


### b. whereas the tfeu makes no reference to a common eu forest policy; whereas article 4 tfeu provides for a shared competence on environmental policy; whereas due to the specific diversity of the eu’s forests with regard to bio-geography , structure , size , biodiversity and ownership patterns , where environmental policy touches upon forests , it is necessary to duly apply the principle of subsidiarity and proportionality in the development and implementation of the new eu forest strategy (the strategy) and relevant eu legislation; ### b. whereas the tfeu makes no reference to a common eu forest policy; whereas article 4 tfeu provides for a shared competence on environmental policy; whereas due to the specific diversity of the eu’s forests with regard to bio-geography , structure , size , biodiversity and ownership patterns , where environmental policy touches upon forests , it is necessary to duly apply the principle of proportionality in the development and implementation of the new eu forest strategy (the strategy) and relevant eu legislation;


### c. whereas the principle of the european green deal as a cross-cutting approach to tackle the climate and environmental challenges in a way that creates sustainable growth and jobs in a resource-efficient , circular and competitive economy should guide the implementation of the strategy in managing trade-offs , creating synergies and finding the right balance between the multiple functions of forests including the socioeconomic , environmental and climate functions; ### c. whereas the principle of the european green deal as a cross-cutting approach to tackle the climate and environmental challenges , ensuring nature and biodiversity can be protected , in a way that creates sustainable growth and jobs in a resource-efficient , emission-free , circular and competitive economy should guide the implementation of the strategy in managing trade-offs , creating synergies and finding the right balance between the multiple functions of forests including the socioeconomic , environmental and climate functions;


### d. whereas about 60 % of the eu’s forests are owned by 16 million private forest owners , of whom a significant share are small-holders; whereas involving and motivating these owners through a comprehensive policy and legislative framework , based on the recognition of their property rights , experience as managers and specific challenges , will be key to achieving the strategy’s targets , including the provision of climate and other ecosystem services; ### d. whereas about 60 % of the eu’s forests are owned by 16 million private forest owners , of whom a significant share are small-holders; whereas few forest owners concentrate a significant share of forest surfaces , some of them owning the main eu wood processing plants; whereas involving and motivating these owners through a comprehensive policy and legislative framework , based on the recognition of their property rights , experience as managers and specific challenges , will be key to achieving the strategy’s targets , including the provision of climate and other ecosystem services;


### e. whereas most recent data gathered under article 17 of the habitats directive indicates that only 49 % of forests habitats have a good conservation status; whereas focusing solely on aggregated data might be insufficient to identify and address key information on the most urgent issues and it is therefore necessary to consult more specific indicators on trends in condition and pressures; whereas these indicators do not support an overall negative assessment of the state of the eu’s forests , but show both positive and negative trends that require nuanced responses; ### e. whereas most recent data gathered under article 17 of the habitats directive indicates that only 15 % of forests habitats have a good conservation status1a; whereas focusing solely on aggregated data might be insufficient to identify and address key information on the most urgent issues and it is therefore necessary to consult more specific indicators on trends in condition and pressures; whereas these indicators do support an overall negative assessment of the state of the eu’s forests; whereas forestry and agriculture activities represents the main causes of degradation of forests habitat;


### 8. recognises the key role of forests in protecting the climate and biodiversity; underlines that the multi-functional role of forests comprises multiple socioeconomic functions , such as the provision of raw materials , which leads to jobs and economic growth in rural areas , the provision of clean water and air , protection against natural hazards and recreational value; stresses that the implementation of the strategy must ensure a balanced provision of all services and maintain competitiveness and innovation; underlines that the successful provision of services requires sustainable active management; ### 8. recognises the key role of forests in protecting the climate and biodiversity; underlines that the multi-functional role of forests , which only close to nature management can fulfil , comprises multiple socioeconomic functions , on top of storing and sequestrating carbon and hosting biodiversity , such as the provision of raw materials as well as non extractive economic activities including sustainable eco-tourism , which leads to jobs and economic growth in rural areas , the provision of clean water and air , protection against natural hazards and recreational value; stresses that the implementation of the strategy must ensure a balanced provision of all services; underlines that the successful provision of services requires sustainable management;


### 9. stresses that forests contribute to climate change mitigation via carbon sequestration , carbon storage and the substitution of wood and wood products for fossil fuels and derived products; notes that the strategy has a particular focus on storage in the construction sector and believes its implementation should support a broader use of different options for substitution , in line with the goals of the bioeconomy strategy; ### 9. stresses that forests contribute to climate change mitigation via carbon sequestration , carbon storage and the substitution of wood and wood products for fossil fuels and derived products , notably for long-lived products; welcomes the particular focus of the strategy on storage in the construction sector and believes its other options for substitution should only be supported if they are in line with the cascading principle and the waste hierarchy1a , in line with the goals of the bioeconomy strategy; stresses the need to reduce the eu's consumption in general , and also of wood and wood-based products by promoting a more circular economy; welcomes the establishment of a methodology to quantify the climate benefits of wood construction;


### 10. highlights that for wood-based products to contribute optimally to climate change mitigation and a circular economy requires that they be used in the most efficient and sustainable way; believes that the cascading principle8 is a good guideline for efficient use , but must not use a static approach and therefore must be adjusted regularly to reflect innovative uses; stresses that a well-functioning , un-distorted market incentivises the efficient use of wood-based resources; ### 10. highlights that for wood-based products to contribute optimally to climate change mitigation and a circular economy requires that they be used in the most efficient and sustainable way; believes that the cascading principle8 is a good guideline for efficient use; stresses that a well-functioning , un-distorted market can incentivise the efficient and sustainable use of wood-based resources with the right regulations to ensure the protection of the environment;


### 11. underlines the importance of a reliable supply of wood , wood-based products and forest-based biomass to achieve the eu’s sustainability goals and notes that the demand is expected to continue to grow; believes that the eu’s forestry sector provide the most sustainably sourced raw materials; calls on the commission to consider displacement effects and monitor any effects on the availability of wood following the implementation of measures under the strategy; ### 11. underlines the importance of a reliable and sustainable supply of wood , wood-based products and sustainable forest-based biomass , used and produced respecting the cascading principle , to achieve the eu’s sustainability goals and notes that the demand is expected to continue to grow; believes that the eu’s forestry sector can provide the most sustainably sourced raw materials using closer to nature approaches; calls on the commission to consider displacement effects and monitor any effects on the availability of wood following the implementation of measures under the strategy;


### 12. recalls that 2.1 million people work in the forest-based sector , while the extended forest-based value chain supports 4 million jobs in the green economy; calls on the commission and the member states to assess the effects of a shift in the balance of forest functions on the overall employment situation; ### 12. recalls that 2.1 million people work in the forest-based sector , while the extended forest-based value chain supports 4 million jobs in the green economy; notes that employment in the forestry sector declined by 33% between 2000 and 2015 mainly due to mechanisation , while wood extraction was increasing; calls on the commission and the member states to assess the economic benefits of a closer to nature approach including the direct and indirect jobs it can create;


### (8) the union submitted in october 2020 a notification , covering shipment of waste within the union , to the secretariat of the basel convention under article 11 of that convention. in line with that article , the union might therefore set out specific rules applying to the intra-eu shipments of waste which are not less environmentally sound than those provided for by the basel convention. ### deleted


### (20) it is necessary to provide for procedural steps and safeguards , when a notifier wishes to ship waste subject to the procedure of prior written notification and consent , in the interests of legal certainty and to ensure uniform application of this regulation and the proper functioning of the internal market. 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 such waste. ### (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. it is also necessary to ensure that the costs arising from situations where the shipment of waste 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 such waste.


### (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 lay out a procedure to resolve disagreements between competent authorities as to whether waste should be subject or not to the notification procedure. to ensure a better harmonisation across the union of the conditions under which waste should be subject to the notification procedure , the commission should also be empowered to adopt implementing acts establishing criteria for the classification of specific waste in the relevant annexes to this regulation , which will determine whether or not it is subject to the notification procedure. in addition , in order to avoid that waste are falsely declared as used goods and to provide legal clarity , the commission should be empowered to adopt implementing acts establishing criteria to distinguish between used goods and waste , for specific commodities for which such distinction is important , especially for their export from the union. ### (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 or strengthen 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.


### (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 plastic waste. ### (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 contaminated plastic waste as well as mixtures of plastic waste.


### (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 the export of non-hazardous waste from the union to the country concerned has considerably increased within a short period of time and there is a lack of information available demonstrating the ability of the country concerned to recover this waste in an environmentally sound manner , 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. ### (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 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.


### (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 four 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. ### (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.


### this regulation lays down measures to protect the environment and human health by preventing or reducing the adverse impacts which may result from the shipment of waste. 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. ### this regulation lays down measures 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 , climate neutrality and zero pollution for a toxic-free environment by applying the principles of proximity and self-sufficiency.


### 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 , where such waste is destined for recovery operations. shipments of such waste destined for disposal shall be prohibited. ### 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.


### 1. only notifiers that have received a permit or are registered in accordance with chapter iv of directive 2008/98/ec may submit a prior written notification (‘notification’). ### 1. only notifiers that have received a permit and are registered in accordance with chapter iv of directive 2008/98/ec may submit a prior written notification (‘notification’).


### 1. all shipments of waste for which notification is required shall be subject to the requirement of a financial guarantee or equivalent insurance , covering all the following costs: ### 1. all shipments of waste shall be subject to the requirement of a financial guarantee or equivalent insurance , covering all the following costs:


### 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 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. ### 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 done between two facilities under the control of the same legal entity or unless 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.


### 10. 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 harmonised calculation method for determining the amount of financial guarantees or equivalent insurances and , if appropriate , adopt an implementing act to establish such a harmonised calculation method. that implementing act shall be adopted in accordance with the examination procedure referred to in article 77(2). ### 10. 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 harmonised calculation method for determining the amount of financial guarantees or equivalent insurances following a risk-based approach , and , if appropriate , adopt an implementing act to establish such a harmonised calculation method no later than [oj insert three years after the date of entry into force of this regulation]. that implementing act shall be adopted in accordance with the examination procedure referred to in article 77(2).


### the waste cannot be recovered in a technically feasible and economically viable manner , or must be disposed of due to legal obligations in union or international law; ### the waste cannot be recovered in a technically feasible and economically viable and environmentally sound manner , or must be disposed of due to legal obligations in union or international law;


### (ii) the waste cannot be disposed of in a technically feasible and economically viable manner in the country where it was generated; ### (ii) the waste cannot be disposed of in a technically feasible and economically viable and environmentally sound manner in the country where it was generated;


### the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act in relation to environmental protection; ### the notifier or the consignee has previously not been convicted of illegal shipment or any other illegal act in relation to environmental , human health or worker protection;


### (ii) the recovery operation in the country of destination takes place under conditions that are broadly equivalent to those prescribed in the national legislation of the country of dispatch; ### (ii) the recovery operation in the country of destination takes place under conditions that are equivalent to those prescribed in the national legislation of the country of dispatch;


### limiting incoming shipments of waste destined for recovery operations other than recycling and preparing for re-use is necessary for a member state in order to protect its waste management network , where it is 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; ### limiting incoming shipments of waste destined for recovery operations is necessary for a member state in order to protect its waste management network , where there are reasonable grounds to assume that such shipments could result in domestic waste having to be disposed of or treated in a way that is not consistent with their waste management plans;


### the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relation to environmental protection. ### the notifier or the consignee has previously been convicted of illegal shipment or any other illegal act in relation to environmental , human health or worker protection.


### 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. ### 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 , human health or worker protection.


### 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. ### 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 five years.


### the competent authorities of dispatch or destination shall make publicly available by appropriate means 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. ### the competent authorities of dispatch or destination shall make publicly available by appropriate means 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. the minimum information that shall be made publicly available are the name of the waste producer , the name of the notifier if different from the waste producer , the name of the consignee , the name of the facility of final destination , the type of waste designated by its code , the total quantity of waste intended to be shipped , the treatment operation the waste will undergo and whether the notification has been consented to or not. the commission shall grant access for the public to such information in the central system referred to in article 26. member states that operate their own national system shall grant access for the public to such information in their national system referred to in article 26(3). access shall be given in real time and free of charge.


### 4. 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 is empowered to adopt delegated acts in accordance with article 76 to supplement this regulation by establishing criteria , such as contamination thresholds , on the basis of which certain wastes shall be classified in annex iii , iiia , iiib or iv. ### 4. 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 strenghtening criteria , such as contamination thresholds , on the basis of which certain wastes shall be classified in annex iii , iiia , iiib or iv.


### the commission is also empowered to adopt delegated acts in accordance with article 76 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. ### the commission is also empowered to adopt delegated acts in accordance with article 76 to supplement this regulation by establishing criteria to distinguish between used goods and waste , and to set rules with regard to how financial obligations under extended producer responsibility are applied to used goods shipped from the union , for specific categories of commodities for which this distinction is of particular importance for the export of waste or used goods from the union.


### wastes the import of which has been prohibited by the country of destination; ### wastes the import of which has been prohibited by the country of destination , including by virtue of being party to a regional agreement;


### amendment ### amendment


### 2. 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. ### 2. 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 shall not qualify for article 38.


### the countries included in the list referred to in paragraph 1 shall in any case , on the fifth year after their initial inclusion , provide to the commission an update of the information specified in the form set out in annex viii , together with relevant supporting evidence. ### the countries included in the list referred to in paragraph 1 shall in any case , every three years after their initial inclusion , provide to the commission an update of the information specified in the form set out in annex viii , together with relevant supporting evidence.


### it has a comprehensive waste management strategy or plan that covers its entire territory and shows its ability and readiness to ensure the environmentally sound management of waste. that strategy or plan shall include at least the following elements: ### it has a comprehensive waste management strategy or plan that covers its entire territory and shows its ability and readiness to ensure the environmentally sound management of waste of its domestic waste and imported waste. that strategy or plan shall include at least the following elements:


### (iv) an indication of the proportion of the domestic waste concerned by the request which is landfilled , as well as any objectives and measures to decrease that proportion in the future; ### (iv) an indication of the proportion of the domestic waste which is landfilled , as well as any objectives and measures to decrease that proportion in the future;


### (vii) a strategy on how to ensure the environmentally sound management of waste imported into its territory , including the possible impact of such import on the management of waste generated domestically; ### (vii) provisions to ensure the environmentally sound management of waste imported into its territory , including information on the possible impact of such import on the management of waste generated domestically;


### (iii) provisions designed to ensure that the residual waste generated through the recovery operation for the wastes concerned by the request is managed in an environmentally sound manner as referred to in article 56; ### (iii) provisions designed to ensure that the waste concerned by the request and residual waste generated through the recovery operation for the wastes concerned by the request is managed in an environmentally sound manner as referred to in article 56;


### 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 aim to 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. ### 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 together with the information referred to in article 38(2). 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.


### 2. where , during the course of its assessment , the commission considers that the information provided by the country making the request is incomplete or insufficient to demonstrate compliance with the requirements set out in article 39 , it shall give that country an opportunity to provide additional information within a maximum period of three months. that period may be extended by an additional period of three months where the requesting country makes a reasoned request for such extension. ### 2. where , during the course of its assessment , the commission considers that the information provided by the country making the request is incomplete or insufficient to demonstrate compliance with the requirements set out in article 39 , or it has received plausible evidence from third parties that the requirements may not be met , it shall give that country an opportunity to provide additional information within a maximum period of three months. that period may be extended by an additional period of three months where the requesting country makes a reasoned request for such extension.


### 3. where the country making the request does not provide the additional information within the time limit referred to in paragraph 2 of this article , or where the provided additional information is still considered to be incomplete or insufficient to demonstrate compliance with the requirements set out in article 39 , the commission shall inform without undue delay the country making the request that it cannot be included in the list of countries to which exports are authorised and that its request will no longer be processed. in that case , the commission shall also inform the country making the request of the reasons for that conclusion. this is without prejudice to the possibility of the country making the request to submit a new request pursuant to article 39. ### 3. where the country making the request does not provide the additional information within the time limit referred to in paragraph 2 of this article , or where the provided additional information is still considered to be incomplete or insufficient to demonstrate compliance with the requirements set out in article 39 , or where there is plausible evidence that the requirements may not be met , the commission shall inform without undue delay the country making the request that it cannot be included in the list of countries to which exports are authorised and that its request will no longer be processed. in that case , the commission shall also inform the country making the request of the reasons for that conclusion. this is without prejudice to the possibility of the country making the request to submit a new request pursuant to article 39.


### 1. the commission shall monitor the levels of export of waste from the union to countries to which the oecd decision applies , with a view to ensuring that such exports do not lead to serious environmental or human health damages in the country of destination. 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 leads to serious environmental or human health damages in a country to which the oecd decision applies. ### 1. the commission shall monitor the levels of export of waste from the union to countries to which the oecd decision applies , with a view to ensuring that such exports do not lead to environmental or human health damages in the country of destination and do not have any 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 leads to environmental or human health damages in a country to which the oecd decision applies or have adverse effects on the management of domestic waste in that country.


### 2. in cases where the export of waste from the union to a country to which the oecd decision applies has considerably increased within a short period of time , and 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 , 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. the commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof. ### 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 there are adverse effects on the management of domestic waste in that country due to the waste imported 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 this. the commission may grant an extension of this time limit if the country concerned makes a reasoned request for an extension thereof.


### put in place an adequate strategy to address the possible negative impact of an increase in the import of the waste concerned on the collection and management of the waste generated domestically; ### put in place adequate measures to ensure that the increase in the import of the waste concerned has no negative effect on the collection and management of the waste generated domestically;


### 4. 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 , 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. ### 4. 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 negative effects on the management of domestic waste , 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.


### 4. 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 prior to exporting waste to the facility concerned and that the audit is repeated at regular intervals , following a risk-based approach , with a minimum frequency of every three years after the first audit. ### 4. 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 ago prior to exporting waste to the facility concerned.


### 5. a natural or legal person that has commissioned or carried out an audit for a given facility in accordance with paragraph 2 shall ensure that such audit be made available to other natural or legal person intending to export waste to the facility in question , under fair commercial conditions. ### 5. a natural or legal person that has commissioned or carried out an audit for a given facility in accordance with paragraph 2 shall ensure that such audit be made available to other natural or legal person intending to export waste to the facility in question , under fair commercial conditions.


### 7. natural or legal persons exporting waste outside the union shall on a yearly basis make information on how they comply with their obligations under this article publicly available by electronic means. ### 7. natural or legal persons exporting waste outside the union shall provide the audit reports referred to in paragraph 4 to the commission prior to exporting waste. the commission shall make the audit reports publicly available by electronic means , no later than one month after reception.


### 8. where an international agreement between the union and a third country to which the oecd decision applies recognises that the facilities in that third country will manage waste in an environmentally sound manner , in accordance with the criteria laid down in annex x , natural and legal persons which intend to export waste to that third country shall be exempted from the obligation in paragraph 2. ### deleted


### 9. upon request by a competent authority or an authority involved in inspections , a natural or legal person that is exempted pursuant to paragraph 8 , shall provide documentary evidence of the relevant international agreement as mentioned in that paragraph in a language acceptable to the competent authorities concerned. ### deleted


### 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 will be managed in accordance with human health and environmental protection requirements that are broadly equivalent to the human health and environmental protection requirements laid down in union legislation. when assessing such broad equivalence , full compliance with requirements stemming from union legislation shall not be required , but it should be demonstrated that the requirements applied in the country of destination ensure a similar level of protection of human health and the environment than the requirements stemming from union legislation. ### 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 equivalent to the human health and environmental protection requirements laid down in union legislation. when assessing such equivalence , full compliance with requirements stemming from union legislation shall not be required , but it should be demonstrated that the requirements applied in the country of destination ensure a similar level of protection of human health and the environment than the requirements stemming from union legislation.


### 2. in order to ascertain that a substance or object being carried by road , rail , air , sea or inland waterway is not waste , the authorities involved in inspections may require the natural or legal person who is in possession of the substance or object concerned , or who arranges the carriage thereof , to submit documentary evidence: ### 2. in order to ascertain that a substance or object being carried by road , rail , air , sea or inland waterway is not waste , the authorities involved in inspections shall require the natural or legal person who is in possession of the substance or object concerned , or who arranges the carriage thereof , to submit documentary evidence:


### 6. where the evidence referred to in paragraph 4 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. ### 6. where the evidence referred to in paragraph 4 or required in accordance with 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.


### 2. inspection plans shall include , at least , the following elements: ### 2. inspection plans shall include a minimum number of physical checks of facilities and waste shipments in line with the strategy and objectives adopted and the risk assessment conducted. the plans shall not contain any details about operational programming. the inspection plans shall include , at least , the following elements:


### information on planned inspections , including on physical checks; ### information on the number and types of planned inspections , including on physical checks;


### 5. the commission shall review the inspection plans notified by the member states in accordance with paragraph 4 and , if appropriate , draw up reports , based on the review of these plans , on the implementation of this article. 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. ### 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 one year after the reception of the inspection plans. such reports shall be made publicly available. 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.


### 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 or networks. ### 4. the waste shipment enforcement group shall meet at least twice a year. in addition to the members referred to in paragraph 2 , the chairperson may invite to the meetings , where appropriate , representatives of other relevant institutions , bodies , offices , agencies , trade or industry associations , civil society groups or networks.


### 4. the commission shall review the data reported in accordance with this article and publish a report with the results of its review. ### 4. the commission shall review the data reported in accordance with this article and article 59 and publish a report with the results of its review.


### 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 fifth year after the date of entry into force of this regulation] and every four years thereafter. ### 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.


### by 31 december 2035 , 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. ### 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.


### for waste shipped within the union , basel entry b3011 does not apply and the following entry applies instead: ### deleted


### for waste shipped within the union , basel entry y48 does not apply and the following entry applies instead: ### deleted


### 2. 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 or in the list of waste as referred to in article 7 of directive 2008/98/ec , only then it should be checked if it is listed in part 2 of this annex. ### 2. 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 as a hazardous waste in the list of waste as referred to in article 7 of directive 2008/98/ec (i.e. types of waste marked with an asterisk) , only then it should be checked if it is listed in part 2 of this annex.


### thus , if a waste is listed in part 1 , a check must be made to ascertain whether it is listed in list a or in list b. only if a waste is not listed in either list a or list b of part 1 , must a check be made to ascertain whether it is listed either among the hazardous waste listed in the list of waste as referred to in article 7 of directive 2008/98/ec (i.e. types of waste marked with an asterisk) or in part 2 of this annex , and if this is the case , it is covered by the export prohibition. ### thus , if a waste is listed in part 1 , a check must be made to ascertain whether it is listed in list a or in list b. for the purposes of this regulation , basel entry b3011 shall be considered to be listed in part 2 of this annex. only if a waste is not listed in either list a or list b of part 1 , must a check be made to ascertain whether it is listed either among the hazardous waste listed in the list of waste as referred to in article 7 of directive 2008/98/ec (i.e. types of waste marked with an asterisk) or in part 2 of this annex , and if this is the case , it is covered by the export prohibition.


### it establishes management and monitoring systems , procedures and techniques that have the purpose of preventing , reducing , minimising and to the extent practicable eliminating: ### 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:


### 2. upon verifying compliance 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: ### 2. upon verifying compliance of a facility against the above criteria , the independent third party performing the audit must verify that all activities carried out by the facility would comply with:


### (5) there is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and of stratospheric ozone recovery. however , the recovery of the ozone layer to the concentrations level existing before 1980 is not projected to take place before the middle of the 21st century. therefore , increased uv-radiation persists as a significant threat to health and the environment. avoiding the risk of further delays in the recovery of the ozone layer remains dependent on ensuring that existing obligations are fully implemented , as well as that the necessary measures are in place to address any upcoming challenges swiftly and effectively. ### (5) there is clear evidence of a decrease in the atmospheric burden of ozone depleting substances and of stratospheric ozone recovery. however , according to the european environment agency , the 2021 ozone hole was one of the larger and deeper ones in recent years and was larger than the average over the last five and ten years. the recovery of the ozone layer is still very fragile and recovery to the concentrations level existing before 1980 is not projected to take place before the middle of the 21st century. therefore , increased uv-radiation persists as a significant threat to health and the environment. avoiding the risk of further delays in the recovery of the ozone layer remains dependent on ensuring that existing obligations are fully implemented , that more action is taken , and that the necessary measures are in place to address any upcoming challenges swiftly and effectively.


### (7) in order to increase awareness on the global warming potential of ozone depleting substances , in addition to the ozone depleting potential of the substances , their respective global warming potential should also be listed in this regulation. ### (7) in order to increase awareness on the global warming potential of ozone depleting substances , in addition to the ozone depleting potential of the substances , their respective global warming potential should also be listed in this regulation as well as on the labels of containers of ozone depleting substances. where available , this information should include the global warming potential expressed both on a 100-year and 20-year timescale , to increase awareness about the short-term high global warming potential of some ozone depleting substances.


### (16) non-refillable containers for ozone depleting substances , should be banned , considering that an amount of substance inevitably remains in these containers when emptied , which is then released into the atmosphere. in this respect , it is necessary to prohibit their import , placing on the market , subsequent supply or making available on the market , use , except for laboratory and analytical uses , and their export. ### (16) non-refillable containers for ozone depleting substances , should be banned , considering that an amount of substance inevitably remains in these containers when emptied , which is then released into the atmosphere. in this respect , it is necessary to prohibit their import , placing on the market , subsequent supply or making available on the market , use , except for laboratory and analytical uses , and their export. to ensure that refillable containers are refilled instead of being discarded , when placing such containers on the market undertakings should be required to produce a declaration of conformity including evidence on the arrangements for return for the purpose of refilling.


### (17) regulation (ec) no 1272/2008 of the european parliament and of the council24 provides for the labelling of substances classified as ozone depleting substances and the labelling of mixtures containing such substances. as it is allowed to release for free circulation in the union market ozone depleting substances produced for feedstock , process agent , laboratory and analytical uses , those substances should be distinguished from substances that are produced for other uses. ### (17) regulation (ec) no 1272/2008 of the european parliament and of the council24 provides for the labelling of substances classified as ozone depleting substances and the labelling of mixtures containing such substances. as it is allowed to release for free circulation in the union market halon and methyl bromide , as well as other ozone depleting substances produced for feedstock , process agent , laboratory and analytical uses , those substances should be distinguished from substances that are produced for other uses.


### (19) given that the production process for some ozone depleting substances can result in emissions of the fluorinated greenhouse gas produced trifluoromethane as a by-product , such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing the ozone depleting substance on the market. producers and importers should also be required to document measures adopted to prevent emissions of trifluoromethane during the production process. ### (19) given that the production process for some ozone depleting substances can result in emissions of the fluorinated greenhouse gas produced trifluoromethane as a by-product , such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing the ozone depleting substance on the market. producers and importers should also be required to document measures adopted to prevent emissions of trifluoromethane during the production process and to provide proof of the destruction and recovery in line with the best available techniques. they should also be required to report on compliance with article 15(2) under article 24 and annex vi.


### (23) to ensure that substances as well as products and equipment covered by this regulation that have been imported illegally in the union market does not re-enter the market , competent authorities should confiscate or seize these products for disposal. re-export of products not compliant with this regulation should be prohibited in any event. ### (23) to ensure that substances as well as products and equipment covered by this regulation that have been imported illegally in the union market does not re-enter the market , competent authorities should confiscate or seize these products and destroy them. re-export of products not compliant with this regulation should be prohibited in any event.


### (32) the protocol requires reporting on trade in ozone depleting substances. producers , importers and exporters of ozone depleting substances should therefore report annually on trade in ozone depleting substances. trade in ozone depleting substances not yet covered by the protocol (listed in annex ii) , should also be reported in order to be able to assess the need to extend some or all of the control measures applicable for the substances listed in annex i to also cover those substances. ### (32) the protocol requires reporting on trade in ozone depleting substances. producers , importers and exporters of ozone depleting substances should therefore report annually on trade in ozone depleting substances. trade in ozone depleting substances not yet covered by the protocol (listed in annex ii) , should also be reported.


### (1) ‘feedstock’ means any ozone depleting substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition and emissions are insignificant; ### (1) ‘feedstock’ means any ozone depleting substance that undergoes chemical transformation in a process in which it is entirely converted from its original composition;


### by way of derogation from article 4(1) , ozone depleting substances listed in annex i may be produced , placed on the market , and subsequently supplied or made available to another person within the union for payment or free of charge to be used as feedstock. ### by way of derogation from article 4(1) , ozone depleting substances listed in annex i may be produced , placed on the market , and subsequently supplied or made available to another person within the union for payment or free of charge to be used as feedstock subject to the conditions laid down pursuant to annex ia and paragraphs 1a and 1b of this article.


### 3. the commission is empowered to adopt delegated acts in accordance with article 29 to amend annex v , where technically and economically feasible alternatives or technologies are not available for the uses listed in that annex within the timeframes set out in annex v or are not acceptable due to their impacts on environment or health , or where it is necessary to ensure compliance with the international commitments of the union concerning critical uses of halons established in particular under the protocol , the international civil aviation organization (icao) or the international convention for the prevention of pollution from ships (marpol). ### 3. the commission is empowered to adopt delegated acts in accordance with article 29 to amend annex v , where technically and economically feasible alternatives or technologies are available for the uses listed in that annex ahead of the end dates specified in that annex , or are not available for the uses listed in that annex within the timeframes set out in that annex , or are not acceptable due to their impacts on environment or health , or where it is necessary to ensure compliance with the international commitments of the union concerning critical uses of halons established in particular under the protocol , the international civil aviation organization (icao) or the international convention for the prevention of pollution from ships (marpol).


### 4. the commission may , by means of implementing acts , and following a substantiated request of the competent authority of a member state , grant time-limited derogations from the end dates or cut-off dates specified in annex v for a specified case where it is demonstrated in the request that no technically and economically feasible alternative is available for that particular application. the commission may include in those implementing acts reporting requirements , and may require submission of supporting evidence necessary for monitoring the use of the derogation , including evidence on amounts recovered for recycling or reclamation , results of leakage checks and amounts of unused halons in stocks. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 28(2). ### 4. the commission may , by means of implementing acts , and following a substantiated request of the competent authority of a member state , grant time-limited derogations from the end dates or cut-off dates specified in annex v for a specified case where it is demonstrated in the request that no technically and economically feasible alternative is available for that particular application. the commission shall include in those implementing acts reporting requirements , and shall require submission of supporting evidence necessary for monitoring the use of the derogation , including evidence on amounts recovered for recycling or reclamation , results of leakage checks and amounts of unused halons in stocks. those implementing acts shall be adopted in accordance with the examination procedure referred to in article 28(2).