Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1013/2006 on shipments of waste
Date: 2013-07-11
Institutions: European Commission
Subjects: administrative formalities, environmental protection, export of waste, hazardous waste, intra-EU trade, waste management

EUROPEAN 
COMMISSION 

Brussels, 11.7.2013  
COM(2013) 516 final 

2013/0239 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1013/2006 on shipments of waste  

{SWD(2013) 267 final} 
{SWD(2013) 268 final} 

EN 

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EXPLANATORY MEMORANDUM 

CONTEXT OF THE PROPOSAL 

1. 
The  Waste  Shipment  Regulation  (Regulation  (EC)  No  1013/20061,  "WSR")  lays  down 
requirements  for  shipments  of  waste  both  within  the  EU  and  between  the  EU  and  third 
countries, in order to protect the environment. The WSR has stricter rules for hazardous waste 
than for non-hazardous waste.  

All  exports  of  hazardous  waste  to  countries  outside  the  OECD  and  all  exports  of  waste  for 
disposal  outside  the  EU/EFTA  are  prohibited (Articles  34  and  36  of  the  WSR).  The  WSR's 
ban on exports of hazardous waste outside the OECD implements the UN Basel Convention's 
export ban from 1995. Non-hazardous waste can be exported for recovery outside the OECD 
provided the waste will be managed in an environmentally sound manner, i.e. in a way which 
is broadly equivalent to rules applied in the EU2.  
Within the EU, all shipments of waste for recovery shall be entitled to free movement.3 For 
non-hazardous waste, such shipments are not subject to any prior notification and only have to 
fulfil general information provisions (Titles II-IV of the WSR). Shipments of hazardous waste 
for recovery and shipments of waste for disposal are both subject to prior written notification 
and consent. However, as regards shipments of waste for recovery, the competent authorities 
may only oppose a shipment based on the environmental grounds set out by the WSR (Article 
12).  

Specific obligations are laid down concerning a duty to take back waste shipments which are 
found to be illegal or which cannot be completed as envisaged (Articles 22-25 of the WSR).  

Article 50 of the WSR contains a general provision on enforcement stipulating that Member 
States shall provide for inspections of establishments and undertakings in accordance with the 
inspection  requirements  in  Directive  2008/98/EC  (Waste  Framework  Directive),  and  that 
Member States may check transports by road, in ports etc. or at a later stage when the waste 
has already arrived at a recovery or disposal facility. Controls are otherwise left to Member 
States' discretion. The WSR does not contain any specific provisions on how inspections shall 
be  carried  out:  it  only  stipulates  that  "Checks  on  shipments  shall  include  the  inspection  of 
documents,  the  confirmation  of  identity  and,  where  appropriate,  physical  checking  of  the 
waste."  

As a result of this general formulation of inspection requirements in the WSR, there are large 
differences  between  Member  States.  Some  have  developed  thorough,  well-functioning 
inspection systems targeting either waste shipments in ports or at the sites of waste producers 
and  collectors,  while  others  have  significant  problems  with  enforcement  and  lack  adequate 
structures  and  resources  to  control  waste  streams  and  carry  out  inspections.  This  situation 
leads  to  'port  hopping',  i.e.  exporters  of  illegal  waste  choose  to  send  their  waste  through 
Member  States  with  the  least  controls.  If  enforcement  in  one  Member  State  is  stepped  up, 
illegal  exporters  move  their  exports  to  another  Member  State.  Effectively  preventing  illegal 

1 

2 

3 

Regulation (EC) no 1013/2006 of the European Parliament and of the Council on shipments of waste, OJ L 190, 
12.7.2006, p.1. 
Articles 18, 49 and Annex VII of the WSR. See also Commission Regulation (EC) No 674/2012 of 23 July 2012 
amending Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste to certain non-OECD 
countries. 
Mixed municipal waste collected from private households, including where such collection also covers waste from 
other producers (waste entry 20 03 01), are subject to the same provisions as waste for disposal, Article 3(5) of the 
WSR. Incoming shipments to incinerators classified as recovery are subject to specific rules, Article 16 of Directive 
2008/98/EC (“the Waste Framework Directive”). 

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waste  shipments  can  therefore  only  be  achieved  if  sufficient  controls  are  carried  out  in  all 
Member States.  

The  most  problematic  illegal  waste  shipments  are  those  concerning  hazardous  waste  and 
waste  which  is  illegally  sent  for  dumping  or  sub-standard  treatment.  The  dumping  or 
substandard  treatment  of  waste  often  has  severe  impacts  on  the  environment  and  human 
health  for  populations  surrounding  the  disposal/treatment  area.  Leaks  from  discarded  waste 
also harm soils and water streams, and produce air pollution, through emissions of e.g. heavy 
metals and persistent organic pollutants. If recycling standards and capacity in the countries of 
destination  are  not  adequate,  potential  environmental  and  health  hazards  are  simply  being 
exported  to  other  parts  of  the  world.  This  also  contributes  to  global  warming  and  ozone 
depletion.  

This legislative proposal will support and steer Member States’ inspections in order to target 
the  problematic  and  high-risk  waste  streams  described  above.  Risk  assessments  shall  be 
carried  out  by  Member  States,  covering  specific  waste  streams  and  sources  of  illegal 
shipments, and considering intelligence–based data, such as police investigations and analyses 
of criminal activities. Every year priorities for inspections shall be selected based on these risk 
assessments and published in the annual inspection plans. These plans shall be made available 
to the public. Inspectors shall take the inspection plans into account and require evidence from 
suspected illegal waste exporters according to the relevant provisions in the proposal.  

Illegal  waste  shipments  are  a  serious  and  frequent  problem.  The  export  bans  for  hazardous 
waste  and  waste  for  disposal  under  the  WSR  are  often  circumvented.  Exports  of  hazardous 
waste  are  often  labelled  as  second-hand  goods  and  waste  for  disposal  as  waste  going  to 
recovery.  This  is  confirmed  by  the  joint  inspections  carried  out  by  the  "network  for  the 
implementation  and  enforcement  of  environmental  law,  trans-frontier  shipments  of  waste-
cluster" (IMPEL-tfs) and supported by the Commission; this revealed very high rates of non-
compliance  with  the  WSR  due  to  illegal  waste  shipments.  As  part  of  the  joint  inspections 
during the period October 2008-November 2010, 22 Member States checked and reported on 
transports  by  road  and  in  ports  (over  20,000  transport  inspections  and  over  a  hundred 
company  inspections).4  Taking  into  account  the  total  number  of  inspected  waste  shipments 
from  and  within  the  EU  during  the  period  (3,454)  and  the  number  of  violations  (863),  the 
overall non-compliance rate can be estimated to be 25%.  

In 2011 a study estimated the tonnage of illegal shipments as a proportion of the total amount 
of  waste  shipments  within  and  out  of  the  EU.5  The  study  concluded  that  if  only  1%  of  all 
waste  shipments  were  illegal,  the  total  tonnage  of  illegal  waste  shipments  would  amount  to 
2,8 million tonnes per year. 

Illegal waste  shipments  out of the EU frequently stem from uncontrolled  collection, storage 
and  sorting  facilities,  where  illegal  operators  get  hold  of  the  waste  and  ship  it  illegally  to 
developing  countries.  A  2011  Europol  study6  concluded  that  intermediate  storage  sites  are 
often  used  to  disguise  the  ultimate  destinations  of  waste  and  to  frustrate  law  enforcement 
efforts to identify source companies.  

The ports in the north-western part of the EU (Antwerp, Hamburg, Le Havre and Rotterdam) 
play an important role in the export of waste (e-waste, end-of-life vehicles, plastics, paper and 
various types of hazardous waste) to countries in Africa and Asia. As many of these ports see 

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from 

report 

detailed 

IMPEL's 
available 
the 
content/uploads/2012/01/IMPEL-TFS-EA-II-Project-_Final-report-adopted-v1-4.pdf.  
Assessment and guidance for the implementation of EU waste legislation in Member States, BiPRO, 16 November 
2011, http://ec.europa.eu/environment/waste/shipments/reports.htm.  
Europol's 'EU organised crime assessment', 28 April 2011, p. 30. https://www.europol.europa.eu/.  

http://impel.eu/wp-

inspections 

joint 

on: 

is 

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large tonnages of waste (both lawfully and illegally) shipped out of the EU, they have more 
frequent controls and, for this reason, probably detect more illegal waste shipments.  

Effective  enforcement  and  inspections  of  waste  shipments  would  not  only  help  prevent  the 
serious  environmental  and  health  impacts  stemming  from  illegal  waste  shipments,  but  also 
save  high  costs  and  result  in  direct  economic  benefits  for  Member  States  and  industry. 
Financial  benefits  stemming  from  better  enforcement  include  avoided  clean-up  and 
repatriation costs. For instance, a recent study showed that stricter enforcement in the port of 
Rotterdam resulted in increased quality and quantity of waste recycled, as waste was routed 
via legal channels to facilities with better treatment techniques. Reinforced inspections in the 
port  of  Rotterdam  also  led  to  the  creation  of  22  jobs  –  in  customs,  inspections  and  waste 
treatment plants7.  

Council  conclusions  of  3  June  2010  invited  the  Commission,  inter  alia,  to  consider 
strengthening EU requirements on inspections and spot checks carried out under the WSR. In 
response to this, the Commission has assessed the issue in more detail and has prepared an ex 
ante impact assessment, in line with its guidelines on impact assessments.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

On  25  January  2011,  the  Commission  launched  an  on-line  stakeholder  consultation  via  its 
EUROPA website in line with the minimum standards for consultation. The consultation was 
open  to  all  stakeholders  for  eleven  weeks,  accessible  via  the  single  access  point  on  the 
internet.8  During  the  consultation,  65  contributions  were  received  from  18  Member  State 
authorities, one EEA country authority, 25 industry organisations, five private companies, two 
public  organisations,  three  NGOs  and  11  individuals9.  The  stakeholders  expressed  wide 
support  in  favour  of  EU  legislative  requirements  on  waste  shipment  inspections  (90%  of 
respondents).  

During a 2012 public consultation on burdensome  legislative acts for SMEs, a concern was 
raised that the WSR has not led to the creation of a common market for waste utilisation and 
recycling  due  to  differences  in  implementation  and  interpretation  across  Member  State,  and 
that more should be done to ensure uniform implementation of the WSR with more focus on 
hazardous  waste  and  less  on  unproblematic  waste.  Another  concern  raised  was  that  there 
should be further simplification of procedures to move waste between Member States, leaving 
the inspection and  evaluation of waste treatment facilities to the authorities of the receiving 
Member State.  

This  legislative  proposal  on  waste  shipment  inspections  aims  to  help  ensure  more  uniform 
implementation  of  the  WSR  through  establishing  minimum  inspection  requirements 
throughout  the  EU  with  a  focus  on  problematic  waste  streams.10  Under  the  WSR,  there 
already is a simplified procedure for shipments of waste for recovery compared to shipments 
of waste for disposal. However, the lack of harmonised inspection procedures undermines a 

7 

8 

9 
10 

legislation 

'Implementation  of  EU  waste 

for  green  growth',  BioIntelligence  Service,  2011, 

Study 
http://ec.europa.eu/environment/waste/studies/pdf/study%2012%20FINAL%20REPORT.pdf. 
The stakeholder consultation was partly based on two studies, 'Inspection requirements for waste shipments', final 
report  12  August  2009,  Biointelligence  http://ec.europa.eu/environment/waste/shipments/reports.htm;  and 
'Environmental, social and economic impact assessment of possible requirements and criteria for waste shipment 
inspections, 
2010,  Biointelligence  SA 
final 
http://ec.europa.eu/environment/waste/shipments/reports.htm. 
http://ec.europa.eu/environment/waste/shipments/news.htm.  
See also the Commission’s Communication on the follow-up to the ‘TOP10’ consultation of SMEs on 
EU regulation. 

on-the-spot-checks', 

controls 

report 

June 

and 

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proper  functioning  of  the  internal  market  with  respect  to  waste  shipments.  A  proper 
functioning of the internal market requires that inspections of waste shipments are carried out 
effectively throughout the EU. The current lack of a level playing field due to wide disparities 
in enforcement practices puts law-abiding businesses at an economic disadvantage. The high 
rates  of  illegal  waste  shipments  undermine  the  legitimate  waste  treatment  and  disposal 
industries.  If  the  WSR  was  applied  properly  throughout  the  EU,  this  would  reinforce 
confidence and trust in the waste shipment system among economic operators. Companies in 
the  recycling  and  waste  management  sector  would  find  incentives  to  invest  and  create  new 
jobs.  

The inspection of waste treatment facilities is a task for the authorities in the Member State 
where they are located. However, it is necessary for the competent authority in the Member 
State of dispatch to be able to evaluate how the waste will be managed by the facility in the 
receiving Member State. For example, the dispatch authority may after having examined the 
nature of the waste conclude that it cannot be managed in accordance with Articles 11-12 of 
the WSR by the facility in the receiving Member State. This evaluation has to be made before 
the shipment leaves the dispatch country, otherwise illegal shipments cannot be prevented. If 
the shipment is illegal, the dispatch country may have to pay the bill for, inter alia, taking the 
waste back. The evaluation of waste treatment facilities cannot therefore be left solely to the 
authorities of the receiving Member State.  

The  Commission's  ex  ante  impact  assessment  on  this  legislative  proposal  examined  several 
options  to  strengthen  inspections  and  enforcement  of  the  WSR.  The  EU  "network  for  the 
implementation  and  enforcement  of  environmental  law,  trans-frontier  shipments  of  waste-
cluster" (IMPEL-tfs), authorities in Member States and various groups of stakeholders were 
closely involved in the preparation of studies that were conducted to support the assessment. 

The  assessment  concluded  that  a  combination  of  EU  legislative  requirements  and  guidance 
would be the most effective option to address the problems related to illegal waste shipments. 
This option would also have the lowest net costs and the most positive economic, social and 
environmental impacts. It would result in significant cost savings for clean-up and repatriation 
as well as indirect cost savings for Member States where waste transits. Industry would also 
benefit  from  harmonisation  of  legislation.  Higher  quantities  of  waste  routed  through  legal 
channels  would  lead  to  optimised  processes,  better  sorting  techniques  and  better  waste 
quality.  A  legal  requirement  to  reinforce  inspections  could  also  create  new  jobs  and  avoid 
relocation of jobs outside the EU.  

Costs  for  Member  States  that  lack  adequate  inspection  systems  (e.g.  for  hiring  staff,  and 
upgrading  infrastructure  and  inspections)  have  been  estimated  as  part  of  the  impact 
assessment.  These  costs  would  be  around  €4  million/year  for  the  whole  EU,  but  could  be 
outweighed by the economic and social benefits and/or financed by collected fines. According 
to the impact assessment, the additional inspections required would break even if less than 1% 
of all the yearly inspections would result in average fines. 

The impact assessment found that inspection planning is the most important of the proposed 
legislative measures. The second most important contributor to solving the problem would be 
the possibility for competent authorities in Member States to require evidence from suspected 
illegal  waste  exporters  in  order  to  check  the  legality  of  shipments,  and  then  in  descending 
order, controls of upstream facilities and training for authorities. 

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3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  1(3)(b)  of  this  proposal  amends  Article  50  of  the  WSR  by  introducing  requirements 
for inspection planning for waste shipments.  

Article  1(3)(c)  introduces  in  Article  50,  the  possibility  for  the  competent  authorities  in 
Member  States to require  evidence  from suspected illegal waste exporters in order to  check 
the  legality  of  shipments.  Such  evidence  may  concern  whether  the  substance  or  object  is 
"waste" or not, whether the shipment is destined for recovery or disposal, or the nature of the 
specific  waste  treatment  methods  and  standards  applied  by  the  facility  in  the  country  of 
destination, with a view to assessing compliance with Article 49 of the WSR.  

Article 1(2) and 1(4) align the WSR with Article 290 of the Treaty on the Functioning of the 
European Union in line with the Commission's commitment to review provisions attached to 
the regulatory procedure in each instrument it intends to modify. 

Article 2 of this proposal stipulates that the Regulation shall enter into force on the twentieth 
day following that of its publication in the Official Journal and apply from [1 January xxxx or 
1 July xxxx which ever date occurs first provided this date is at least six months from the entry 
into force of the Regulation]. 

4. 

BUDGETARY IMPLICATION  

Not applicable. 

5. 

OPTIONAL ELEMENTS 

Not applicable. 

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2013/0239 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1013/2006 on shipments of waste  

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 192 (1) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 
Having regard to the opinion of the European Economic and Social Committee11,  
Having regard to the opinion of the Committee of the Regions12, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 
June  2006  on  shipments  of  waste13  lays  down  requirements  for  shipments  of  waste 
both within the Union and between the Member States and third countries, in order to 
protect the environment. However, gaps have been identified in the enforcement and 
inspections  carried  out  by  the  competent  authorities  in  Member  States  due  to,  inter 
alia, a lack of clear provisions in the Regulation on these matters.  

Adequate planning of waste shipment inspections is necessary to establish the capacity 
needed for waste shipment inspections and effectively prevent illegal shipments. The 
provisions  on  enforcement  and  inspections  in  Article  50  of  Regulation  (EC)  No 
1013/2006  should  therefore  be  strengthened  with  a  view  to  ensuring  regular  and 
consistent planning of inspections. Planning should include a number of key elements, 
including  risk  assessments,  strategies,  objectives,  priorities,  numbers  and  types  of 
planned  inspections,  assignment  of  tasks,  means  of  cooperation  between  authorities 
and provisions on training of inspectors.  

Diverging  rules  exist  throughout  the  Union  as  regards  the  possibility  for  competent 
authorities  in  Member  States  to  require  evidence  from  waste  exporters  in  order  to 
check the legality of shipments. Such evidence may concern whether the substance or 
object is "waste" within the meaning of Regulation (EC) No 1013/2006 or whether the 
waste  will  be  shipped  to  environmentally  sound  facilities  according  to  Article  49  of 
the  Regulation.  Article  50  of  the  Regulation  should  therefore  provide  the  possibility 
for competent authorities in Member States to require evidence from suspected illegal 
waste exporters in order to check the legality of shipments.  

11 
12 
13 

OJ C , , p. . 
OJ C , , p. . 
OJ L 190, 12.7.2006, p.1. 

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(4) 

(5) 

(6) 

(7) 

(8) 

Illegal  waste  shipments  frequently  stem  from  uncontrolled  collection,  storage  and 
sorting  facilities.  Inspection  requirements  should  therefore  be  introduced  for  such 
waste sites. 

As a consequence of the entry into force of the Lisbon Treaty, the powers conferred on 
the Commission under Regulation (EC) 1013/2006 should be aligned to Article 290 of 
the Treaty.  

The  power  to  adopt  acts  in  accordance  with  Article  290  of  the  Treaty  should  be 
delegated to the Commission with the objective to adopt technical and organisational 
requirements  for  the  practical  implementation  of  electronic  data  interchange.  It  is  of 
particular importance that the Commission carry out appropriate consultations during 
its preparatory work, including at expert level.  

The  Commission,  when  preparing  and  drawing-up  delegated  acts,  should  ensure  a 
simultaneous,  timely  and  appropriate  transmission  of  relevant  documents  to  the 
European Parliament and Council.  

The  Commission  may  adopt  guidelines  for  the  application  of  Article  12(1)(g)  of  the 
Regulation;  guidelines  on  the  application  of  Article  15  of  the  Regulation;  guidelines 
for the  cooperation  of  competent authorities with regard to illegal shipments;  further 
guidance  concerning  the  use  of  languages;  further  clarification  of  the  procedural 
requirements  of  Title  II  of  the  Regulation  as  regards  their  application  to  exports, 
imports and transit of waste from, to and through the Community.  

(9) 

Regulation (EC) No 1013/2006 should therefore be amended accordingly. 

(10)  This Regulation should apply from 1 January [xxxx] or 1 July [xxxx] which ever date 
occurs  first  provided  this  date  is  at  least  six  months  from  the  entry  into  force  of  the 
Regulation,  in  order  to  allow  sufficient  time  for  Member  States  and  businesses  to 
prepare  for  the  application  of  the  measures  required  under  Article  50  of  the 
Regulation.  

HAVE ADOPTED THIS REGULATION: 

Regulation (EC) No 1013/2006 is amended as follows: 

(1) in Article 2, the following paragraph 36 is added: 

Article 1 

'36. 

're-use'  means  any  operation  by  which  products  or  components  that  are  not 
waste are used again for the same purpose for which they were conceived.  

(2) in Article 26, the following paragraph 5 is added 

'5.  The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance 
with  Article  59  concerning  technical  and  organisational  requirements  for  the 
practical  implementation  of  electronic  data  interchange  for  the  submission  of 
documents and information.' 

(3) Article 50 is amended as follows: 

(a) paragraph 2 is replaced by the following: 

'2.  Member  States  shall,  by  way  of  measures  for  the  enforcement  of  this 
Regulation,  provide,  inter  alia,  for  inspections  of  establishments  and 
undertakings  in  accordance  with  Article  34  of  Directive  2008/98/EC  of  the 

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European Parliament and of the Council of 19 November 2008 on waste14, and 
for spot checks on shipments of waste or on the related recovery or disposal.' 

(b) the following paragraph 2a is inserted: 

'2a.  Member States shall ensure that their competent authorities establish plans for 
inspections aimed at checking compliance with this Regulation. The plans shall 
cover  the  entire  geographical  area  of  the  Member  State  concerned  and  shall 
apply  to  all  waste  shipment  inspections  carried  out  pursuant  to  paragraph  2, 
including  inspections  of  establishments  and  undertakings,  road-  and  railway 
transports and consignments in ports. Those plans shall include the following: 

(a) 

(b) 

strategy  and  objectives  for  waste  shipment  inspections  referring  to  the 
necessary human, financial and other resources; 

a risk assessment covering specific waste streams and sources of illegal 
shipments,  and  considering  intelligence-based  data,  such  as  police 
investigations and analyses of criminal activities;  

(c)  priorities  and  a  description  of  how  these  priorities  have  been  selected 

based on the strategies, objectives and risk assessment; 

(d) 

(e) 

information on the numbers and types of planned inspections concerning 
waste sites, road and railway transports and consignments in ports; 

an  assignment  of  tasks  to  each  authority  involved  in  waste  shipment 
inspections; 

(f)  means  of  cooperation  between  different  authorities 

involved 

in 

inspections; and 

(g) 

an assessment of the need for training of inspectors on technical or legal 
matters  relating  to  waste  management  and  waste  shipments  and 
provisions on regular training programmes.  

The  plans  shall  be  reviewed  at  least  annually  and,  where  appropriate,  updated.  The  review 
shall  evaluate  to  which  extent  the  objectives  and  other  elements  of  the  plans  have  been 
implemented. 

The  plans  shall  be  made  publicly  available  by  the  competent  authority  in  accordance  with 
Directive  2003/4/EC  of  the  European  Parliament  and  of  the  Council  of  28  January  2003  on 
public access to environmental information15'.'  

(c) the following paragraphs 4a and 4b are inserted:  

'4a. 

In order to ascertain that a shipment does not contain waste within the meaning 
of Article 2(1), the competent authority may: 

(i) 

(ii) 

verify that appropriate protection of the shipment against damage during 
transportation, loading and unloading has been foreseen; and  

in cases of a suspected illegal shipment, require the person in charge of 
the shipment to submit a copy of the invoice and contract relating to the 
sale or transfer of ownership of the substance or object, which states that 

14 
15 

OJ L 312, 22.11.2008, p.3.  
OJ L 41, 14.2.2003, p. 26. 

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it is destined for re-use within the meaning of Article 2(36) and to prove 
that it is fully functional. 

4b. 

In order to ascertain that a shipment is destined for recovery operations which 
are  in  accordance  with  Article  49,  the  competent  authority  may  in  cases  of  a 
suspected  illegal  shipment  require  the  person  in  charge  of  the  shipment  to 
submit  a  contract,  letter  or  other  document  signed  by  the  recovery  facility 
specifying the waste treatment methods, technologies and standards applied by 
the recovery facility in the country of destination.' 

(4) Articles 59 and 59a are replaced by the following: 

Article 59 

Exercise of the delegation 

1.  The  power  to  adopt  delegated  acts  is  conferred  on  the  Commission  subject  to  the 

conditions laid down in this Article. 

2.  The delegation of power referred to in Article 26(5) shall be conferred on the Commission 
for an indeterminate period of time from the date of entry into force of this Regulation. 
3.  The delegation of power referred to in Article 26(5) may be revoked at any time by the 
European Parliament or by the Council. A decision of revocation shall put an end to the 
delegation of the power specified in that decision. It shall take effect the day following the 
publication of the decision in the Official Journal of the European Union or at a later date 
specified therein. It shall not affect the validity of any delegated acts already in force.  
4.  As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the 

European Parliament and to the Council.  

5.  A  delegated  act  adopted  pursuant  to  Article  26(5)  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 the Council. 

Article 59a 

Committee procedure 

1. The Commission shall be assisted by the Committee established by Article 39 of Directive 
2008/98/EC.  

That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011. 

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall 
apply.' 

This Regulation shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. It shall apply from [1 January xxxx or 1 July xxxx 

Article 2 

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which ever date occurs first provided this date is at least six months from the entry into force 
of the Regulation].  

This Regulation shall be binding in its entirety and directly applicable in all Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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