### 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 , 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 , 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 the financial obligations under extended producer responsibility are to apply 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.


### 1. in exceptional cases , and where the specific geographical or demographical situation warrants such a step , member states may conclude bilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two member states concerned. ### 1. in exceptional cases , and where the specific geographical or demographical situation warrants such a step , member states may conclude bilateral agreements making the notification procedure for shipments of specific flows of waste less stringent in respect of cross-border shipments to the nearest suitable facility located in the border area between the two member states concerned if it establishes and is able to provide records of its waste management and waste shipment activities for the last five years , or , where constructed less than five years prior to the audit , it establishes and is able to provide records of its waste management and waste shipment activities for the time operating;


### 1. exports from the union of the following wastes destined for recovery in countries to which the oecd decision does not apply are prohibited: ### 1. exports from the union of the following wastes destined for recovery are prohibited:


### 2 exports of non-hazardous waste to countries to which the oecd decision does not apply ### 2 exports of non-hazardous waste outside of the union and efta countries


### 1. exports from the union of the following wastes destined for recovery in countries to which the oecd decision does not apply are prohibited: ### 1. exports from the union of the following wastes destined for recovery outside of the union and efta countries are prohibited:


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


### 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.


### such export may only take place on the condition that the waste is destined to a facility licensed under the domestic legislation of the country concerned , to undertake recovery operations for that waste. in addition , such export shall be subject to the general information requirements laid down in article 18 or , in case the country concerned so indicates in the request referred to in article 39 , the procedure of prior written notification and consent referred to in article 35. ### such export may only take place on the condition that the waste is destined to a facility licensed under the domestic legislation of the country concerned , to undertake recovery operations for that waste. in addition , such export shall be subject to the general information requirements laid down in article 18 or , in case the country concerned so indicates in the request referred to in article 39 , the procedure of prior written notification and consent referred to in article 35.


### 1. the commission is empowered to adopt a delegated act in accordance with article 76 to supplement this regulation by establishing a list of countries to which the oecd decision does not apply and to which exports of non-hazardous waste from the union for recovery are authorised (“list of countries to which exports are authorised”). this list shall include countries which have submitted a request pursuant to article 39(1) and have demonstrated compliance with the requirements set out in article 39(3) , based on an assessment carried out by the commission pursuant to article 40. ### 1. the commission is empowered to adopt a delegated act in accordance with article 76 to supplement this regulation by establishing a list of countries that are not members of the union or the efta and to which exports of non-hazardous waste from the union for recovery are authorised (“list of countries to which exports are authorised”). this list shall include countries which have submitted a request pursuant to article 39(1) and have demonstrated compliance with the requirements set out in article 39(3) , based on an assessment carried out by the commission pursuant to article 40.


### 3. the list referred to in paragraph 1 shall be adopted by [op please insert the date 30 months after the date of entry into force of this regulation] , unless no country submits a request pursuant to article 39(1) or no country complies with the requirements set out in article 39(3) at that time. ### 3. the list referred to in paragraph 1 shall be adopted by [op please insert the date 15 months after the date of entry into force of this regulation] , unless no country submits a request pursuant to article 39(1) or no country complies with the requirements set out in article 39(3) at that time.


### by [op please insert the date three months after the date of entry into force of this regulation] , the commission shall contact all countries to which the oecd decision does not apply , to provide them with the necessary information on the possibility for those countries to be included in the list of countries to which exports are authorised. ### by [op please insert the date three months after the date of entry into force of this regulation] , the commission shall contact all countries that are not members of the union or the efta , to provide them with the necessary information on the possibility for those countries to be included in the list of countries to which exports are authorised.


### in order to be included in the list of countries to which exports are authorised adopted by [op please insert the date 30 months after the date of entry into force of this regulation] , the countries to which the oecd decision does not apply shall submit their request pursuant to article 39(1) by [op please insert the date 9 months after the date of entry into force of this regulation]. ### in order to be included in the list of countries to which exports are authorised adopted by [op please insert the date 30 months after the date of entry into force of this regulation] , the countries that are not members of the union or of the efta shall submit their request pursuant to article 39(1) by [op please insert the date 9 months after the date of entry into force of this regulation].


### in order to be included in the list of countries to which exports are authorised adopted by [op please insert the date 30 months after the date of entry into force of this regulation] , the countries to which the oecd decision does not apply shall submit their request pursuant to article 39(1) by [op please insert the date 9 months after the date of entry into force of this regulation]. ### in order to be included in the list of countries to which exports are authorised adopted by [op please insert the date 15 months after the date of entry into force of this regulation] , the countries to which the oecd decision does not apply shall submit their request pursuant to article 39(1) by [op please insert the date 6 months after the date of entry into force of this regulation].


### 4. the commission shall regularly , and at least every two years following its establishment , update the list of countries to which exports are authorised , in order to: ### 4. the commission shall regularly , and at least every year following its establishment , update the list of countries to which exports are authorised , in order to:


### 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 , on the second 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.


### 1. countries to which the oecd decision does not apply and which intend to receive certain waste referred to in article 37(1) from the union for recovery shall submit a request to the commission indicating their willingness to receive that waste and to be included in the list referred to in article 38. such request and all related documentation or other communication shall be provided in english language. ### 1. countries that are not members of the union or of the efta and which intend to receive certain waste referred to in article 37(1) from the union for recovery shall submit a request to the commission indicating their willingness to receive that waste and to be included in the list referred to in article 38. such request and all related documentation or other communication shall be provided in english language.


### (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;


### it is a party to the multilateral environmental agreements referred to in annex viii , and has taken the necessary measures to implement its obligations under those agreements; ### it is a party to the multilateral agreements referred to in annex viii , and has taken the necessary measures to implement its obligations under those agreements;


### 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. 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. the commission shall also ensure consultation of stakeholders , including national experts , relevant industry representatives and non-governmental organisations , in the assessment.


### 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 where there are significant objections expressed by the consulted stakeholders or the observations referred to in paragraphs 1 and 1a , 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.


### [...] ### deleted


### 1. where waste listed in annex iii , iiia , iiib or iv , waste not classified or mixtures of wastes not classified under one entry in either annex iii or annex iv are exported from the union and destined for recovery in countries to which the oecd decision applies , with or without transit through countries to which the oecd decision applies , the provisions of title ii shall apply mutatis mutandis , with the adaptations and additional provisions listed in paragraphs 2 , 3 and 5. ### 1. where waste listed in annex iii , iiia , iiib or iv , waste not classified or mixtures of wastes not classified under one entry in either annex iii or annex iv are exported from the union and destined for recovery in countries to which the oecd decision applies , with or without transit through countries to which the oecd decision applies , the provisions of title ii shall apply mutatis mutandis , with the adaptations and additional provisions listed in paragraphs 2 , 3 and 5 and subject to the periodic monitoring as referred to in article 41a and article 41b and the safeguard mechanism as referred to in article 42.


### 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 increase in exports do not lead to 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 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 serious 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 serious 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 the export of plastic waste from the union to a country to which the oecd decision applies has considerably increased by more than 100% within a period of one year , 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 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 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 , 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. 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 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 the export of any category of waste listed in annex ix to the basel convention from the union to a country to which the oecd decision applies has increased by a volume of 20% in tonnes in one month when compared to an average volume of last 6 months period 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 30 days , information on the ability of the country concerned to manage the waste in question.


### 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 the export of waste from the union concerns a country to which the oecd decision applies 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.


### put in place and implemented an adequate legal framework for the import and management of the waste concerned , as well as adequate measures to ensure the environmentally sound management of the residual waste generated through the recovery of the waste concerned; ### current adequate treatment capacity for waste in general , as well as treatment capacity for the waste(s) concerned by the request , in addition to a publicly available plan on how these capacities will develop over the course of the next 10 years;


### sufficient capacity in its territory allowing the waste concerned to be managed in an environmentally sound manner , taking into consideration the increased volume of waste imported into its territory; ### clear and public reporting of domestic waste that is separately collected , as well as any objectives and measures to increase this rate in the future;


### 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; ### reporting on the proportion of the domestic waste concerned by the request , including waste which is landfilled , as well as any objectives and measures to decrease this rate in the future


### put in place and implemented adequate enforcement measures to address possible illegal shipments or treatment of the waste concerned. ### separately reporting on the proportion of the domestic waste which is recycled and on the proportion of domestic waste which is recovered by other treatments , in addition to objectives and measures to increase this rate in the future;


### 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.


### 3. the audit referred to in paragraph 2 shall verify compliance of the facility concerned with the criteria laid down in annex x. a legal or natural person shall not export waste to a facility which does not comply with those criteria. ### 3. the audit referred to in paragraph 2 shall verify compliance of the facility concerned , respectively for each relevant individual unit , with the criteria laid down in annex x. a legal or natural person shall not export waste to a facility which does not comply with those criteria.


### 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 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 two years after the first audit.


### a natural or legal person exporting waste from the union shall also carry out an ad-hoc audit without delay in case it receives plausible information that a facility no longer complies with the criteria laid down in annex x. ### a natural or legal person exporting waste from the union shall also carry out an ad hoc audit without delay in case it receives evidence that a facility no longer complies with the criteria laid down in annex x.


### 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 on a yearly basis make information on how they comply with their obligations under this article publicly available by electronic means and provide the commission the audit reports carried out in accordance with paragraph 4. the commission shall centralise and publish the audit reports on a website that is made publicly available


### 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 commission with the audit reports carried out in accordance with paragraph 4. the commission centralizes and publishes the audit reports on a publicly available website.


### 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


### environmentally sound management and enforcement ### environmentally sound management , circularity of materials and enforcement


### 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 , social standards and environmental protection requirements that are broadly equivalent to the human health , social standards 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 , social standards and the environment than the requirements stemming from union legislation. the operations linked to the management of waste shall contribute to reduce emissions into air , water and land and achieve a high-level of protection of the environment taken as a whole , and shall prevent or limit to the best extent the pollution of air , soil , surface water and groundwater as well as other negative effects on the environment , odours and noise , and direct risks to human health.


### 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 will be managed in accordance with human health , social standards and environmental protection requirements that are broadly equivalent to the human health , social standards 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.


### 1. inspections of shipments shall include at least verification of documents , confirmation of the identity of the actors involved in those shipments and , where appropriate , physical checking of the waste. ### 1. inspections of shipments shall include at least verification of documents , confirmation of the identity of the actors involved in those shipments and physical checking of the waste.


### 5. in order to ascertain whether a shipment of waste subject to the general information requirements set out in article 18 is destined for recovery operations which are in accordance with article 56 , the authorities involved in inspections may require the person who arranges the shipment to submit relevant documentary evidence , provided by the interim and non-interim recovery facility and , if necessary , approved by the competent authority of destination. ### 5. in order to ascertain whether a shipment of waste subject to the general information requirements set out in article 18 is destined for recovery operations which are in accordance with article 56 , the authorities involved in inspections shall require the person who arranges the shipment to submit the audit report required in article 42 as well as , where appropriate , relevant documentary evidence , provided by the interim and non-interim recovery facility and , if necessary , approved by the competent authority of destination.


### 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.


### 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. such reports shall take into account the flows , tonnage and value of waste to third countries to identify relevant priorities. such reports may include , inter alia , recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. such reports may also be presented , where appropriate , in the meetings of the waste shipment enforcement group established under article 63 , and shall be submitted to the european parliament and the european council.


### 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. such reports shall take into account the flows , tonnage and value of waste to third countries to identify relevant priorities. such reports may include , inter alia , recommendations on priorities of inspections and on enforcement cooperation and coordination between the relevant authorities involved in inspections. such reports may also be presented , where appropriate , in the meetings of the waste shipment enforcement group established under article 63 and shall be submitted to the european parliament and the european council.


### the powers conferred onto the commission or the european anti-fraud office (olaf) , respectively , in other legal acts , in particular in regulation (eu , euratom) 883/2013 of the european parliament and of the council65 , council regulation 515/9766 , or council regulation 2185/9667 . ### the powers conferred onto the commission , the european prosecutor's office or the european anti-fraud office (olaf) , respectively , in other legal acts , in particular in council regulation (eu) 2017/19391a , regulation (eu , euratom) 883/2013 of the european parliament and of the council65 , council regulation 515/9766 , or council regulation 2185/9667 .


### the powers conferred onto the commission or the european anti-fraud office (olaf) , respectively , in other legal acts , in particular in regulation (eu , euratom) 883/2013 of the european parliament and of the council65 , council regulation 515/9766 , or council regulation 2185/9667 . ### the powers conferred onto the commission , the european prosecutor's office or the european anti-fraud office (olaf) , respectively , in other legal acts , in particular in council regulation (eu) 2017/1939 , regulation (eu , euratom) 883/2013 of the european parliament and of the council , council regulation 515/97 , or council regulation 2185/9667 .


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


### article 70 article 70 ### 70 international , sectoral and citizen cooperation


### 2. the delegation of power referred to in articles 14(3) , 28(4) , 38(1) , 42(4) and 75 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period. ### 2. the delegation of power referred to in articles 2(5(a)) , 14(3) , 28(4) , 38(1) , 42(4) and 75 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period.


### 2. the delegation of power referred to in articles 14(3) , 28(4) , 38(1) , 42(4) and 75 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period. ### 2. the delegation of power referred to in articles 14(3) , 28(4) , 38(1) , 41b(1) , 42(4) and 75 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period.


### 2. the delegation of power referred to in articles 14(3) , 28(4) , 38(1) , 42(4) and 75 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period. ### 2. the delegation of power referred to in articles 14(3) , 28(4) , 38(1) , and 75 shall be conferred on the commission for a period of five years from the date of entry into force of this regulation. the commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. the delegation of power shall be tacitly extended for periods of an identical duration , unless the european parliament or the council opposes such extension not later than three months before the end of each period.


### 3. the delegation of power referred to in articles 14(3) , 38(1) , 42(4) and 75 may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in articles 2(5(a)) , 14(3) , 38(1) , 42(4) and 75 may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 3. the delegation of power referred to in articles 14(3) , 38(1) , 42(4) and 75 may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in articles 14(3) , 38(1) , 41b(1) , 42(4) and 75 may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 6. a delegated act adopted pursuant to articles 14(3) , 28(4) , 38(1) , 42(4) and 75 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council. ### 6. a delegated act adopted pursuant to articles 14(3) , 28(4) , 38(1) , 41b(1) , 42(4) and 75 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council.


### 6. a delegated act adopted pursuant to articles 14(3) , 28(4) , 38(1) , 42(4) and 75 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council. ### 6. a delegated act adopted pursuant to articles 14(3) , 28(4) , 38(1) , and 75 shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council.


### 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 not later than 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.


### 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.


### however , articles 5 , 8 and 9 , article 14(14) and (15) , articles 15 , 16 , 18 , article 26(1) , (2) and (3) , and articles 35 , 41 , 47 , 48 , 49 , 50 , 51 , 54 and 55 from [op: please insert the date two years after the date of entry into force of the regulation] and articles 37 , 38 , 39 , 40 , 43 and 44 shall apply from [op: please insert the date three years after the date of entry into force of the regulation]. ### however , articles 5 , 8 and 9 , article 14(14) and (15) , articles 15 , 16 , 18 , article 26(1) , (2) and (3) , and articles 35 , 41 , 47 , 48 , 49 , 50 , 51 , 54 and 55 from [op: please insert the date two years after the date of entry into force of the regulation] and articles 37 , 38 , 39 , and 40 , shall apply from [op: please insert the date 15 months after the date of entry into force of the regulation] , and articles 43 and 44 shall apply from [op: please insert the date two years after the date of entry into force of the regulation].


### 4. the following mixtures of wastes classified under separate indents or sub- indents of one single entry are included in this annex only for the purposes of shipments destined for recycling within the union: ### 4. mixtures of plastic waste , consisting of polyethylene (pe) , polypropylene (pp) and/or polyethylene terephthalate(pet) classified under separate indents or sub-indents of one entry b3011 are included in this annex only for the purposes of shipments destined for recycling within the union and provided they are almost free from contamination and other types of waste.


### mixtures of wastes classified under entry eu3011 and listed under the indent referring to non-halogenated polymers; ### deleted


### mixtures of wastes classified under entry eu3011 and listed under the indent referring to cured resins or condensation products; ### deleted


### mixtures of wastes classified under entry eu3011 and listed under ‘perfluoroalkoxy alkanes’. ### deleted


### 1. the audit referred in article 43(2) verifies that the facility managing the waste in the country of destination complies with the following conditions: ### 1. the audit referred in article 43(2) verifies that the facility , in the meaning of article 3 (28) , which is managing the waste in the country of destination complies with the following conditions:


### 1. the audit referred in article 43(2) verifies that the facility managing the waste in the country of destination complies with the following conditions: ### 1. the audit referred in article 43(2) verifies that the facility , as defined under article 3 (28) , managing the waste in the country of destination complies with the following conditions:


### 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:


### it establishes and is able to provide records of its waste management and waste shipment activities for the last five years; ### it establishes and is able to provide records of its waste management and waste shipment activities for the last five years , or , where constructed less than five years prior to the audit , it establishes and is able to provide records of its waste management and waste shipment activities for the time operating;


### 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 the activities carried out by the facility complies with:


### (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. in order to reduce the risk of pyro-cumulonimbus formation from forest fires and the negative impact on the stratosphere and the ozone layer , member states should establish binding action plans based on guidelines established by the commission to reduce deliberate fires and tree burning in forests as much as possible.


### (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 people’s 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.


### (8) regulation (ec) no 1005/2009 and previous union legislation , established more stringent control measures than required under the protocol , requiring more restrictive rules on import and export. ### (8) regulation (ec) no 1005/2009 and previous union legislation , established more stringent control measures than required under the protocol , requiring more restrictive rules on import and export. air pollution in the form of nitrogen oxides (nox) can harm the ozone layer and therefore more ambition is required at union and member state level to reduce the use of nitrogen fertilisers.


### (12) halons technical options committee (htoc) established under the protocol indicated that non-virgin halon stocks for critical uses might not be sufficient to meet the needs from 2030 onwards at global level. to avoid that new production of halons become necessary to meet future needs , it is important to take measures to increase the availability of stocks of halon recovered from equipment. ### (12) halons technical options committee (htoc) established under the protocol indicated that non-virgin halon stocks for critical uses might not be sufficient to meet the needs from 2030 onwards at global level. to avoid that new production of halons become necessary to meet future needs , it is important to take measures to increase the availability and adequate monitoring of stocks of halon recovered from equipment.


### (14) restrictions set out in this regulation regarding products and equipment containing ozone depleting substances should also cover products and equipment relying on those substances in order to prevent circumventions of those restrictions. ### (14) restrictions set out in this regulation regarding products and equipment containing ozone depleting substances should also cover products and equipment relying on or containing those substances in order to prevent circumventions of those restrictions.


### (15) it is important to ensure that ozone depleting substances are allowed to be placed on the market for the purpose of reclamation in the union. ozone depleting substances and the products and equipment containing those substances or whose functioning relies upon those substances should also be allowed to be placed on the market for the purpose of destruction by technologies approved by the parties or by technologies not yet approved but that are environmentally equivalent. ### (15) it is important to ensure that ozone depleting substances are allowed to be placed on the market for the purpose of reclamation in the union , provided that appropriate storage and transport conditions are in place. ozone depleting substances and the products and equipment containing those substances or whose functioning relies upon those substances should also be allowed to be placed on the market for the purpose of destruction by technologies approved by the parties or by technologies not yet approved but that are environmentally equivalent.


### (18) the export of products and equipment containing hydrochlorofluorocarbons may be exceptionally permitted in cases where it may be more beneficial to allow these products and equipment to end their natural life cycle in a third country than to be decommissioned and disposed of in the union. ### (18) the export of products and equipment containing hydrochlorofluorocarbons may be exceptionally permitted in cases where it may be more beneficial to allow these products and equipment to end their natural life cycle in a third country than to be decommissioned and disposed of in the union , provided that the required appropriate facilities , as well as the specialist staff to carry out such operations , are in place , so as to avoid any further environmental pollution.


### (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 rigorously monitored , 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.


### (20) to avoid illegal trade of prohibited substances and products covered under this regulation , the prohibitions established therein as well as the licensing requirements for trade should not only cover the entry of goods into the customs territory for release for free circulation in the union , but also temporary storage and all other customs procedures established under union customs law. licensing facilitations should be allowed for goods under temporary storage , in order to avoid unnecessary burden on operators and customs authorities. ### (20) to avoid illegal trade of prohibited substances and products covered under this regulation , the prohibitions established therein as well as the licensing requirements for trade should not only cover the entry of goods into the customs territory for release for free circulation in the union , but also temporary storage and all other customs procedures established under union customs law. provided that the required appropriate storage facilities are in place , licensing facilitations should be allowed for goods under temporary storage , in order to avoid unnecessary burden on operators and customs authorities.


### (28) the intentional release of ozone depleting substances into the atmosphere , where such release is unlawful , is a serious infringement of this regulation and should be explicitly prohibited. all feasible measures should be taken by undertakings to reduce the unintentional release of ozone depleting substances into the atmosphere also considering their global warming potential. thus , it is necessary to lay down provisions on the recovery of used ozone depleting substances from products and equipment and the prevention of leakages of such substances. recovery obligations should also be extended to building owners and contractors when removing certain foams from buildings to maximise emissions reductions. ### (28) the intentional release of ozone depleting substances into the atmosphere , where such release is unlawful , is a serious infringement of this regulation and should be explicitly prohibited. all feasible measures should be taken by undertakings to reduce the unintentional release of ozone depleting substances into the atmosphere also considering their global warming potential. thus , it is necessary to lay down provisions on the recovery of used ozone depleting substances from products and equipment and the prevention of leakages of such substances , provided that the required appropriate storage facilities are in place. recovery obligations should also be extended to building owners and contractors when removing certain foams from buildings to maximise emissions reductions.


### (37) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards to the establishment of a list of undertakings that may use ozone depleting substances as process agents as well as the maximum quantities to be used for make-up or for consumption , and maximum emission levels for each undertaking; the determination of essential and analytical uses for which production and import is permitted within a certain period and the specification of authorised users , the granting of derogations from the end-dates and cut-off dates established in relation to critical uses of halons; the authorisation of the temporary production , placing on the market , further supply and use of methyl bromide in emergency cases; the authorisation of the export of products and equipment containing hydrochlorofluorocarbons; the detailed arrangements for the declaration of conformity for pre-charged equipment and verification; the evidence to be provided on the destruction or recovery of trifluoromethane by production during the manufacturing of ozone depleting substances; the form and content of labelling requirements; the authorisation of trade with entities not covered by the protocol; and the format for the submission of information by member states on critical uses of halons and illegal trade , as well as the format and means of the information to be reported by undertakings in particular on production , import , export , feedstock uses and destruction. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council28. ### (37) in order to ensure uniform conditions for the implementation of this regulation , implementing powers should be conferred on the commission as regards to the establishment of a list of undertakings that may use ozone depleting substances as process agents as well as the maximum quantities to be used for make-up or for consumption , and maximum emission levels for each undertaking; the determination of essential and analytical uses for which production and import is permitted within a certain period and the specification of authorised users , the granting of derogations from the end-dates and cut-off dates established in relation to critical uses of halons; the authorisation of the temporary production , placing on the market , further supply and use of methyl bromide in emergency cases; the authorisation of the export of products and equipment containing hydrochlorofluorocarbons; the detailed arrangements for the declaration of conformity for pre-charged equipment and verification; the evidence to be provided on the destruction or recovery of trifluoromethane by production during the manufacturing of ozone depleting substances; the form and content of labelling requirements; the authorisation of trade with entities not covered by the protocol; and the format for the submission of information by member states on critical uses of halons and illegal trade , as well as the format and means of the information to be reported by undertakings in particular on production , import , export , storage , feedstock uses and destruction. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council28.


### (38) in order to amend certain non-essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (‘tfeu’) should be delegated to the commission as regards the processes for which ozone depleting substances may be used as process agents , and the maximum amount permitted for such uses including their emissions in the union , the conditions for the placing on the market and further distribution of ozone depleting substances for essential laboratory and analytical uses , the timeframes established in annex v for critical uses of halons , the functioning of the licensing system for ozone depleting substances , additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures , the rules applicable to the release for free circulation of products and equipment imported from or exported to any entity not covered by the protocol; the establishment of a list of products and equipment for which the recovery of ozone depleting substances and their destruction is technically and economically feasible , and the specification of the technologies to be applied; amendments of annexes i and ii listing ozone depleting substances; the update of global warming and ozone depleting potentials of listed substances; the reporting requirements for member states on critical uses of halons and illegal trade and the reporting requirements by undertakings in particular on production , import , export , feedstock uses and destruction. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts. ### (38) in order to amend certain non-essential elements of this regulation , the power to adopt acts in accordance with article 290 of the treaty on the functioning of the european union (‘tfeu’) should be delegated to the commission as regards the processes for which ozone depleting substances may be used as process agents , and the maximum amount permitted for such uses including their emissions in the union , the conditions for the placing on the market and further distribution of ozone depleting substances for essential laboratory and analytical uses , the timeframes established in annex v for critical uses of halons , the functioning of the licensing system for ozone depleting substances , additional measures for the monitoring of substances and of products and equipment placed under temporary storage and customs procedures , the rules applicable to the release for free circulation of products and equipment imported from or exported to any entity not covered by the protocol; the establishment of a list of products and equipment for which the recovery of ozone depleting substances and their destruction is technically and economically feasible , and the specification of the technologies to be applied; amendments of annexes i and ii listing ozone depleting substances; the update of global warming and ozone depleting potentials of listed substances; the reporting requirements for member states on critical uses of halons and illegal trade and the reporting requirements by undertakings in particular on production , import , export , storage , feedstock uses and destruction. it is of particular importance that the commission carry out appropriate consultations during its preparatory work , including at expert level , and that those consultations be conducted in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making. in particular , to ensure equal participation in the preparation of delegated acts , the european parliament and the council receive all documents at the same time as member states’ experts , and their experts systematically have access to meetings of commission expert groups dealing with the preparation of delegated acts.


### this regulation lays down rules on the production , import , export , placing on the market , further supply as well as use , recovery , recycling , reclamation and destruction of ozone depleting substances , on the reporting of information related to those substances and on the import , export , placing on the market , further supply and use of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances. ### this regulation lays down rules on the production , import , export , placing on the market , storage and further supply as well as use , recovery , recycling , reclamation and destruction of ozone depleting substances , on the reporting of information related to those substances and on the import , export , placing on the market , further supply and use of products and equipment containing ozone depleting substances or whose functioning relies upon on those substances.


### (9) ‘reclamation’ means the reprocessing of an ozone depleting substance in order to match the performance that is equivalent to that of a virgin substance , taking into account its intended use; ### (9) ‘reclamation’ means the reprocessing of an ozone depleting substance in order to match the performance that is equivalent to that of a virgin substance , taking into account its original intended use;


### (12) ‘virgin substances’ means substances which have not previously been used; ### (12) ‘virgin substances’ means substances which are the result of a technological process and which have not previously been used;


### 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 shall be subject to quantitative limits and included in annexes ii and iv , based on a list established by the commission. the commission shall conduct an impact assessment study in order to establish the list , by 31 march 2025.


### (1) by way of derogation from article 4(1) , halons may be placed on the market and used for critical uses in accordance with annex v. halons may only be placed on the market and subsequently supplied or made available to another person within the union for payment or free of charge by undertakings authorised by the competent authority of the member state concerned to store halons for critical uses. ### (1) by way of derogation from article 4(1) , halons may be placed on the market and used for critical uses in accordance with annex v. halons may only be placed on the market and subsequently supplied or made available to another person within the union for payment or free of charge by undertakings authorised by the competent authority of the member state concerned to store halons for critical uses , provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes.


### (1) in case of an emergency , where unexpected outbreaks of particular pests or diseases so require , the commission may , at the request of the competent authority of a member state , by means of implementing acts , authorise the temporary production , placing on the market , and use of methyl bromide , provided that the placing on the market and use of methyl bromide are allowed respectively under regulation (ec) no 1107/2009 and regulation (eu) no 528/2012. any unused quantities of methyl bromide shall be destroyed. ### (1) in case of an emergency , where unexpected outbreaks of particular pests or diseases so require , the commission may , at the request of the competent authority of a member state , by means of implementing acts , authorise the temporary production , placing on the market , and use of methyl bromide , provided that the placing on the market and use of methyl bromide are allowed respectively under regulation (ec) no 1107/2009 and regulation (eu) no 528/2012 and provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes. any unused quantities of methyl bromide shall be destroyed.


### (1) by way of derogation from article 5(1) , products and equipment for which the use of the respective ozone depleting substance is authorised in accordance with article 8 or article 9 may be placed on the market , subsequently supplied or made available to another person within the union for payment or free of charge. ### (1) by way of derogation from article 5(1) , products and equipment for which the use of the respective ozone depleting substance is authorised in accordance with article 8 or article 9 may be placed on the market , subsequently supplied or made available to another person within the union for payment or free of charge , provided that it can be demonstrated that appropriate containers and packaging are used for storage and transport purposes.


### member states customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places , in accordance with articles 135 and 267 of regulation (eu) no 952/2013 , for the presentation to customs of ozone depleting substances listed in annex i and of products and equipment containing those substances or whose functioning relies upon those substances at their entry into or at their exit from the customs territory of the union. those customs offices or places shall be sufficiently equipped to carry out the relevant physical controls based on risk analysis , and shall be knowledgeable on matters related to the prevention of illegal activities under this regulation. ### member states customs authorities shall designate or approve customs offices or other places and shall specify the route to those offices and places , in accordance with articles 135 and 267 of regulation (eu) no 952/2013 , for the presentation to customs of ozone depleting substances listed in annex i and of products and equipment containing those substances or whose functioning relies upon those substances at their entry into or at their exit from the customs territory of the union. those customs offices or places shall be sufficiently equipped with the storage and assessment facilities to carry out the relevant physical controls based on risk analysis , and shall be knowledgeable on matters related to the prevention of illegal activities under this regulation.


### 1. ozone depleting substances listed in annex i contained in refrigeration , air-conditioning and heat pump equipment , equipment containing solvents or fire protection systems and fire extinguishers shall , during the maintenance or servicing of equipment or before the dismantling or disposal of equipment , be recovered for destruction , recycling or reclamation. ### 1. ozone depleting substances listed in annex i contained in refrigeration , air-conditioning and heat pump equipment , equipment containing solvents or fire protection systems and fire extinguishers shall , during the maintenance or servicing of equipment or before the dismantling or disposal of equipment , be recovered for destruction , recycling or reclamation , provided that the required appropriate containers and packaging are used , and the specialist staff to carry out the destruction , recycling or reclamation operations are in place.


### 1. ozone depleting substances listed in annex i contained in refrigeration , air-conditioning and heat pump equipment , equipment containing solvents or fire protection systems and fire extinguishers shall , during the maintenance or servicing of equipment or before the dismantling or disposal of equipment , be recovered for destruction , recycling or reclamation. ### 1. ozone depleting substances listed in annexes i and ii contained in refrigeration , air-conditioning and heat pump equipment , equipment containing solvents or fire protection systems and fire extinguishers shall , during the maintenance or servicing of equipment or before the dismantling or disposal of equipment , be recovered for destruction , recycling or reclamation.


### 2. building owners and contractors shall ensure that during renovation , refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with ozone depleting substances listed in annex i are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein. ### 2. building owners and contractors shall ensure that during renovation , refurbishing or demolition activities implying the removal of metal-faced panels that contain foams with ozone depleting substances listed in annex i are avoided to the extent possible by recovery for reuse or destruction of the foams and the substances contained therein. member states shall ensure in this regard the appropriate upskilling for construction workers on sustainable working techniques to strengthen recovery , recycling and reclaim.


### 4. where recovery of the foams referred to in the first subparagraph is not technically feasible , the building owner or contractor shall draw up documentation providing evidence for the infeasibility of the recovery in the specific case. such documentation shall be retained for five years and shall be made available , upon request , to the competent authorities and the commission. ### 4. where recovery of the foams referred to in the first subparagraph is not technically feasible , the building owner or contractor shall draw up documentation providing evidence for the infeasibility of the recovery in the specific case , as well as for appropriate storage. such documentation shall be retained for five years and shall be made available , upon request , to the competent authorities and the commission.


### 9. member states shall promote the recovery , recycling , reclamation and destruction of ozone depleting substances listed in annex i and shall establish the minimum qualification requirements for the personnel involved. ### 9. member states shall promote the recovery , recycling , reclamation and destruction of ozone depleting substances listed in annex i and shall establish the minimum qualification requirements for the personnel involved in all these operations.


### 5. member states shall establish the minimum qualification requirements for the personnel carrying out activities referred to in paragraph 3. ### 5. the commission shall establish union minimum qualification requirements in form of intensive/short term trainings for existing skilled personnel within installing companies , followed by certification of both companies and their personnel issued by national certification bodies , according to commission implementing regulation (eu) 2015/20671a for the personnel carrying out activities referred to in paragraph 3.


### 1. the commission is empowered to adopt delegated acts in accordance with article 29 to amend annex ii to include in that annex any substances that are not covered by this regulation but have been found by the scientific assessment panel (‘sap’) , established under the protocol , or by another recognised authority of equivalent stature to have a significant ozone-depleting potential. ### 1. the commission is empowered to adopt delegated acts in accordance with article 29 to amend annex ii with a view to updating it to include in that annex any substances that are not covered by this regulation but have been found by the scientific assessment panel (‘sap’) , established under the protocol , or by another recognised authority of equivalent stature to have a significant ozone-depleting potential.


### (2) the commission and the competent authorities of the member states shall take appropriate measures to protect the confidentiality of the information submitted to it in accordance with this article. ### (2) the commission and the competent authorities of the member states shall take appropriate measures to protect the confidentiality of the information submitted to it in accordance with this article and the conditions under which access to these data is granted.


### 1. the competent authorities of member states shall carry out checks to establish whether undertakings comply with their obligations under this regulation. ### 1. the competent authorities of member states shall carry out regular checks to establish whether undertakings comply with their obligations under this regulation.


### checks referred to in paragraphs 1 and 2 shall include on-site visits of establishments with the appropriate frequency and verification of relevant documentation and equipment. ### checks referred to in paragraphs 1 and 2 shall include on-site visits of establishments with the appropriate frequency by maintaining the benchmarks set in regulation (ec) no 1005/2009 and verification of relevant documentation and equipment.


### the financial situation of the undertaking held responsible; ### the financial and social situation of the undertaking held responsible , including the working conditions criteria according with the provisions of directive 2009/104/ec of the european parliament and of the council1a;


### 2. the power to adopt delegated acts referred to in article 7(4) , article 8(7) , article 9(3) , article 16(13) , article 18 , article 19(2) , article 20(8) , article 22 , article 23(3) and article 24(4) shall be conferred on the commission for an indeterminate period of time [from the date of application of the regulation] ### 2. the power to adopt delegated acts referred to in article 6(4) , article 7(4) , article 8(7) , article 9(3) , article 16(13) , article 18 , article 19(2) , article 20(8) , article 22 , article 23(3) and article 24(4) shall be conferred on the commission for an indeterminate period of time [from the date of application of the regulation]


### 3. the delegation of power referred to in article 7(4) , article 8(7) , article 9(3) , article 16(13) , article 18 , article 19(2) , article 20(8) , article 22 , article 23(3) and article 24(4) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. ### 3. the delegation of power referred to in article 6(4) , article 7(4) , article 8(7) , article 9(3) , article 16(13) , article 18 , article 19(2) , article 20(8) , article 22 , article 23(3) and article 24(4) may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force.


### 6. a delegated act adopted pursuant to article 7(4) , article 8(7) , article 9(3) , article 16(13) , article 18 , article 19(2) , article 20(8) , article 22 , article 23(3) and article 24(4) shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council. ### 6. a delegated act adopted pursuant to article 6(4) , article 7(4) , article 8(7) , article 9(3) , article 16(13) , article 18 , article 19(2) , article 20(8) , article 22 , article 23(3) and article 24(4) shall enter into force only if no objection has been expressed either by the european parliament or the council within a period of two months of notification of that act to the european parliament and the council or if , before the expiry of that period , the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council.


### (2) the aarhus convention , ratified by the european community on 17 february 2005 by council decision 2005/370/ec , recognises that increased public access to environmental information and the dissemination of such information contribute to a greater awareness of environmental matters , a free exchange of views , more effective participation by the public in environmental decision-making and , eventually , to a better environment. ### (2) the aarhus convention , ratified by the european community on 17 february 2005 by council decision 2005/370/ec , recognises that increased and ongoing public access to environmental information and the dissemination of such information to different categories of recipient contribute to a greater awareness of environmental matters , a free exchange of views , more effective participation by the public in environmental decision-making and , eventually , to a better environment.


### (7) in line with the conclusions of the commission’s second report on implementation of regulation (ec) no 166/2006 , the commission , supported by the european environment agency (‘the agency’) , developed in june 2021 an industrial emissions portal (‘the portal’)38 to replace the european pollutant release and transfer register and therefore improve synergies with reporting under directive 2010/75/eu. ### (7) in line with the conclusions of the commission’s second report on implementation of regulation (ec) no 166/2006 , the commission , supported by the european environment agency (‘the agency’) , developed in june 2021 an industrial emissions portal (‘the portal’)38 to replace the european pollutant release and transfer register aiming to improve synergies with reporting under directive 2010/75/eu. however , representatives of the concerned civil society highlight shortcomings in the portal in relation to the other two objectives set within the protocol , notably to the need to design the portal in such a way that the information provided promotes environmental benchmarking , improves sharing of information and enables to compare and to track pollution prevention efforts by both , the operators and the permitting authorities. it should also enhance compliance promotion in a user-friendly manner.


### (8) the portal should provide the public with free-of-charge and online access to a further integrated and coherent dataset on key environmental pressures generated by industrial installations since such data constitute a cost-effective tool for drawing comparisons and taking decisions in environmental matters , encouraging better environmental performance , tracking trends , demonstrating progress in pollution reduction , benchmarking installations , monitoring compliance with relevant international agreements , setting priorities and evaluating progress achieved through union and national environmental policies and programmes. ### (8) the portal should provide the public with free-of-charge and online access to a further integrated and coherent dataset in all official eu languages on key environmental pressures generated by industrial installations since such data constitute a cost-effective tool for drawing comparisons and taking decisions in environmental matters , encouraging better environmental performance , tracking trends , ongoing information demonstrating progress in pollution reduction , benchmarking installations , monitoring compliance with relevant international agreements , monitoring any incidents or accidents with cross-border implications and measures taken to contain the impact thereof , setting priorities and evaluating progress achieved through union and national environmental policies and programmes.


### (9) the portal should present the data it contains in aggregated and non-aggregated forms to permit users to undertake targeted searches. ### (9) the portal should present the data it contains in aggregated and non-aggregated forms to permit users to undertake targeted searches , it should be adequately designed to enable a comparability of environmental performance information , enable benchmarking of pollution prevention efforts and promote compliance at union level in most user-friendly manner.


### (12) in order to monitor the environmental performance of industrial installations , the data to be included in the portal should cover , above quantitative thresholds , releases to the environment of certain pollutants , off-site transfers of waste water containing these pollutants and off-site transfers of waste. ### (12) in order to monitor the environmental performance of industrial installations , the data to be included in the portal should cover , above quantitative thresholds , releases to the environment of certain pollutants , off-site transfers of waste water containing these pollutants and off-site transfers of waste in order to neutralise them.


### (13) the portal should also include data on the use of water , energy and raw materials by the concerned installations to allow monitoring of progress towards a circular , highly resource-efficient economy ### (13) the portal should also include data on the use of water , energy and raw materials by the concerned installations to allow monitoring of progress towards a circular , highly resource-efficient economy allowing to compare and benchmark installations , track trends and progress including the comparison of permit ambition of those activities.


### (13) the portal should also include data on the use of water , energy and raw materials by the concerned installations to allow monitoring of progress towards a circular , highly resource-efficient economy ### (13) the portal should also include data on the use of water , energy and raw materials by the concerned installations and waste generated by the technological process to allow monitoring of progress towards a circular , highly resource-efficient economy.


### (15) operators of installations should also report information concerning the production volume , number of employees and operating hours of the concerned installation as well as information on accidents that have led to releases , in order to enable the contextualisation of reported data on pollutant releases and off-site transfers of waste and waste water. ### (15) operators of installations should also report information concerning the production volume , number of employees and operating hours of the concerned installation as well as information on accidents that have led to releases , especially those with cross-border implications , in order to enable the contextualisation of reported data on pollutant releases and off-site transfers of waste and waste water.


### (16) the overall benefit of the portal for access to environmental information concerning industrial installations should be maximised by including links to other information flows that stem from union environmental legislation on climate change , air , water and land protection and on waste management , including reporting under directive 2012/18/eu of the european parliament and of the council41 , directive 2008/98/ec of the european parliament and of the council42 and directive 2010/75/eu. moreover , in order to maximise the portal’s value to users , it should be designed to facilitate future integration with other relevant environmental data flows. ### (16) the overall benefit of the portal for access to environmental information concerning industrial installations should be maximised by publishing information within short delays , incorporating permitting and compliance information produced under directive 2010/75/eu , by providing information on the level of ambition of the permits compared to the bat conclusions under that directive , by displaying information expressed in the same format as in the permits under that directive , by integrating other information flows that stem from union environmental legislation on climate change , air , water and land protection and on waste management , including reporting under directive 2012/18/eu of the european parliament and of the council41 , directive 2008/98/ec of the european parliament and of the council42 and directive 2010/75/eu. moreover , in order to maximise the portal’s value to users , it should be designed to facilitate future integration with other relevant environmental data flows.


### (16) the overall benefit of the portal for access to environmental information concerning industrial installations should be maximised by including links to other information flows that stem from union environmental legislation on climate change , air , water and land protection and on waste management , including reporting under directive 2012/18/eu of the european parliament and of the council41 , directive 2008/98/ec of the european parliament and of the council42and directive 2010/75/eu. moreover , in order to maximise the portal’s value to users , it should be designed to facilitate future integration with other relevant environmental data flows. ### (16) the overall benefit of the portal for access to environmental information concerning industrial installations should be maximised by including links to other information flows that stem from union environmental legislation on climate change , air , water and land protection and on waste management , including reporting under directive 2012/18/eu of the european parliament and of the council41 directive 2008/98/ec of the european parliament and of the council42and directive 2010/75/eu. moreover , in order to maximise the portal’s value to users , it should be designed to facilitate future integration with other relevant environmental data flows , including examples of best practices and projects that have environmental benefits once implemented.


### (17) for the purpose of legal certainty , operators of installations should be required to enter a nil return when releases and off-site transfers of waste and of waste water from their installations are below reporting thresholds. ### (17) operators of installations should be required to report releases and off-site transfers of waste and of waste water from their installations even when such releases are minimal. this will help identify progress and best practices and steer industries towards zero pollution levels. this aligns with the commission’s ambition to build a knowledge system driving the zero pollution ambition towards 2050.


### (19) as the operators of livestock production and aquaculture installations may lack the necessary resources to accurately quantify their deliberate releases of pollutants , member states should be entitled to quantify them on their behalf. ### (19) as the operators of livestock production and aquaculture installations , especially smaller ones , may lack the necessary resources to accurately quantify their deliberate releases of pollutants , member states should be entitled to quantify them on their behalf with the same methods and indicators being used at european level to avoid discrimination.