Article 61 Documentation and evidence
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. 2. In order to ascertain that a substance or object being carried by road, rail, air, sea or inland waterway is not waste, the authorities involved in inspections may require the natural or legal person who is in possession of the substance or object concerned, or who arranges the carriage thereof, to submit documentary evidence: (a) as to the origin and destination of the substance or object concerned; and (b) that it is not waste, including, where appropriate, evidence of functionality. For the purpose of the first subparagraph, the protection of the substance or object concerned against damage during transportation, loading and unloading, such as adequate packaging and appropriate stacking, shall also be ascertained. In order to distinguish between used goods and waste, for the purpose of inspection, the conditions laid down in Article 29(1), third subparagraph, shall apply, as well as any criteria established pursuant to Article 29(3), where applicable. This paragraph shall be without prejudice to the application of Article 23(2) and Annex VI to Directive 2012/19/EU and to the application of Article 72(2) and Annex XIV to Regulation (EU) 2023/1542. 3. The authorities involved in inspections may conclude that the substance or object concerned is waste where: (a) the evidence referred to in paragraph 2 or required under other Union legislation to ascertain that a substance or object is not waste, has not been submitted within the period specified by them; or (b) they consider the evidence and information available to them to be insufficient to reach a conclusion, or they consider the protection provided against damage referred to in paragraph 2, the second subparagraph, to be insufficient. Where the authorities have concluded that a substance or object is waste in accordance with the first subparagraph, the carriage of the substance or object concerned or the shipment of waste concerned shall be considered as an illegal shipment. Consequently, it shall be dealt with in accordance with Articles 25 and 26 and the authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly. 4. In order to ascertain whether a shipment of waste complies with this Regulation, the authorities involved in inspections may require the notifier, the person who arranges the shipment, the waste holder, the carrier, the consignee and the facility that receives the waste to submit relevant documentary evidence to them within a period specified by them, and may detain the waste in a shipment and, when necessary, the means of transport containing the waste, as well as suspend the transport of the waste until such documentation has been provided. 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 59, the authorities involved in inspections may require the person who arranges the shipment and the consignee to submit relevant documentary evidence provided by the interim and non-interim recovery facility and, if necessary, approved by the competent authority of destination. In cases of export from the Union, the authorities involved in inspections shall require documentary evidence on the audit carried out in accordance with Article 46. 6. Where the evidence referred to in paragraph 4 or 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 25 and 26. The authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly. 7. The Commission is empowered to adopt, by means of implementing acts, a correlation table between the codes of the combined nomenclature, provided for in Regulation (EEC) No 2658/87 and the entries of waste listed in Annex III, Annex IIIA, Annex IIIB, Annex IV, and Annex V to this Regulation. The Commission shall keep these acts updated, in order to reflect changes to that nomenclature and to the entries listed in those Annexes, as well as to include any new waste-related codes of the Harmonised System Nomenclature that the World Customs Organisation may adopt. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 81(2). Commission Implementing Regulation (EU) 2016/1245 ( 46 ) shall remain in force until the empowerment referred to in the present Article is exercised by the Commission.
Article 62 Inspection plans
1. Member States shall ensure that, in respect of their entire geographical territory, one or more plans are established, either separately or as a clearly defined part of other plans, for inspections to be carried out pursuant to Article 60(1) (‘inspection plan’). Inspection plans shall be based on a risk assessment covering specific waste streams and sources of illegal shipments, the results of previous inspections and considering, where appropriate, intelligence-based data such as data on investigations by police and customs authorities and analyses of criminal activities as well as reliable information from natural or legal persons on possible illegal shipments, relevant information related to the management of waste being shipped and information showing that a shipment bears similarities with shipments previously identified as illegal shipments. That risk assessment shall in particular take into account the need for conducting verifications of whether natural and legal persons exporting waste from the Union comply with the obligations established in Article 46. That risk assessment shall aim, inter alia, to identify the minimum number and frequency of inspections required, including physical checks on establishments, undertakings, brokers, dealers and shipments of waste or on the related recovery or disposal. 2. Inspection plans shall include, at least, the following elements: (a) the objectives and priorities of the inspections, including a description of how those objectives and priorities have been identified; (b) the geographical area covered by the inspection plan; (c) information on planned inspections, including on a minimum number of inspections and physical checks to be carried out in each calendar year on establishments, undertakings, brokers, dealers and shipments of waste or on the related recovery or disposal, identified in accordance with the risk assessment referred to in paragraph 1; (d) the tasks assigned to each authority involved in inspections; (e) arrangements for cooperation between authorities involved in inspections; (f) information on the training of inspectors on matters relating to inspections; and (g) information on the human, financial and other resources for the implementation of the inspection plan. 3. An inspection plan shall be reviewed at least every three years and, where appropriate, updated. That review shall evaluate to which extent the objectives and other elements of that inspection plan have been implemented. 4. Without prejudice to applicable confidentiality requirements, Member States shall notify the Commission of the inspection plans referred to in paragraph 1 and any substantial revisions thereof every three years, and for the first time one year after the date of entry into force of this Regulation. 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 66 and shall be made available to the European Parliament and to the Council.
Article 63 Penalties
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable: (a) the nature, gravity and extent of the infringement; (b) where appropriate, the intentional or negligent character of the infringement; (c) the financial capacity of the natural or legal person held responsible; (d) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; (e) the environmental damage caused by the infringement; (f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; (g) the repetitive or singular character of the infringement; (h) any other aggravating or mitigating factor applicable to the circumstances of the case. 3. The Member States shall at least be able to impose the following penalties in case of infringements of this Regulation, where relevant: (a) fines; (b) revocation or time-limited suspension of the authorisation to carry out activities related to management and shipment of waste insofar as these activities fall under the scope of this Regulation; (c) time-limited exclusion from public procurement procedures. 4. Member States shall without delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.
Article 64 Enforcement cooperation at national level
Member States shall maintain or establish, as regards all relevant authorities involved in enforcement of this Regulation in their territory, including competent authorities and the authorities involved in inspections, effective mechanisms to enable them to cooperate and coordinate domestically concerning the development and implementation of enforcement policies and activities to address illegal shipments of waste, including for the establishment and implementation of the inspection plans.
Article 65 Enforcement cooperation between Member States
1. Member States shall cooperate, bilaterally and multilaterally, with one another in order to facilitate the prevention and detection of illegal shipments. They shall exchange relevant information related to such prevention and detection, including on shipments of waste, flows of waste, operators and facilities, and share experience and knowledge on enforcement measures, including the risk assessment carried out pursuant to Article 62(1), within established structures, in particular, through the waste shipment enforcement group established under Article 66. 2. Member States shall identify the authority or authorities and the members of their permanent staff responsible for the cooperation referred to in paragraph 1 and also identify an authority or authorities and responsible members of their permanent staff as the focal points for the physical checks referred to in Article 61(1). The Member States shall send that information to the Commission which shall compile the information and make it available to the identified authorities and members of their permanent staff. 3. At the request of an authority in another Member State, an authority of a Member State may take enforcement action against persons suspected of being engaged in the illegal shipment of waste who are present in that Member State.
Article 66 Waste shipment enforcement group
1. An enforcement group shall be established to facilitate and improve cooperation and coordination between the Member States in order to prevent and detect illegal shipments (the ‘waste shipment enforcement group’). 2. The waste shipment enforcement group shall consist of up to three representatives per Member State, selected from the designated permanent staff responsible for the cooperation referred to in Article 65(2) or from permanent staff of other relevant authorities involved in the enforcement of this Regulation, to be nominated by the Member States, which will inform the Commission. That group shall be co-chaired by the representative or representatives of the Commission and by a representative of a Member State elected by the group. 3. The waste shipment enforcement group shall be a forum for sharing information relevant for the prevention and detection of illegal shipments, including information and intelligence on general trends relating to illegal shipments of waste, risk-based assessments carried out by the authorities of the Member States, and experience and knowledge on enforcement measures, as well as for exchanging views on best practices and for facilitating cooperation and coordination between relevant authorities. The waste shipment enforcement group may examine any technical question relating to the enforcement of this Regulation raised by the chairpersons, either on their own initiative or at the request of the members of the group or the committee referred to in Article 81. 4. The waste shipment enforcement group shall meet regularly, at least once a year. In addition to the members referred to in paragraph 2, the chairpersons may invite to the meetings or parts of the meetings, where appropriate, representatives of other relevant institutions, bodies, offices, agencies, networks or other stakeholders. 5. The Commission shall convey the opinions expressed in the waste shipment enforcement group to the committee referred to in Article 81.
Article 67 General provisions
1. Without prejudice to Regulation (EC) No 515/97, the Commission shall exercise the powers conferred by Articles 67 to 71 in order to support and complement the enforcement activities of the Member States and to contribute to a uniform implementation of this Regulation throughout the Union. 2. The Commission may exercise the powers conferred onto it by this Regulation with respect to shipments of waste that fall under the scope of application of this Regulation pursuant to Article 2(1), which are of a complex nature and potentially have serious adverse effects on human health or the environment and where the investigation needed has a cross-border dimension involving at least two countries. The Commission may initiate actions according to these powers on its own initiative, on the request of the authorities of one or more Member States, or on a complaint if there is sufficient suspicion that the carriage of the substance or object concerned or the shipment of waste concerned constitutes an illegal shipment. The Commission may also forward such complaints to the competent authorities of the Member States concerned. If the Commission decides not to act, it shall reply to the authority of the Member States or the persons who sent the complaint in a reasonable time, stating the reasons why they believe there is no sufficient suspicion, unless there are reasons of public interest, such as protecting the confidentiality of administrative or criminal proceedings, not to do so. The Commission shall also provide the Member States with assistance in organising close and regular cooperation between their competent authorities pursuant to Article 71. 3. In exercising its powers, the Commission shall take into account the inspections, prosecuting, legal or administrative proceedings in progress or already carried out in respect of the same shipments by the authorities of a Member State pursuant to this Regulation and shall ensure not to interfere with such proceedings. When exercising its powers, the Commission shall take into account any request of postponement from an authority of a Member State through its permanent staff responsible for cooperation or through the focal points referred to in Article 65(2). 4. On completion of its actions, the Commission shall draw up a report. If the Commission concludes that the carriage of the substance or object concerned or the shipment of waste concerned constitutes an illegal shipment, it shall inform the competent authorities of the country or countries concerned accordingly and recommend that such an illegal shipment is dealt with in accordance with Articles 25 and 26. The Commission may also recommend certain follow-up to the relevant authorities of the Member States, and, where necessary inform the Union institutions, bodies, offices and agencies concerned. 5. Reports drawn up on the basis of paragraph 4, together with all evidence in support and annexed thereto, shall constitute admissible evidence: (a) in judicial proceedings of a non-criminal nature before national courts and in administrative proceedings in the Member States; (b) in criminal proceedings in the Member State where their use proves necessary in the same way and under the same conditions as administrative reports drawn up by national administrative authorities and shall be subject to the same evaluation rules as those applicable to administrative reports drawn up by national administrative authorities and shall have the same evidentiary value as such reports; (c) in judicial proceedings before the Court of Justice of the European Union. The power of the Court of Justice of the European Union and national courts and competent authorities to freely assess the evidential value of the reports drawn up by the Commission in accordance with paragraph 4 shall not be affected by this Regulation.
Article 68 Inspections by the Commission
1. The Commission may, in accordance with Article 67, carry out inspections of shipments pursuant to Article 60(1) and (2) of this Regulation. 2. The Commission shall only carry out an inspection where there is sufficient suspicion for an illegal shipment of waste. 3. The Commission shall prepare and conduct inspections in close cooperation with the relevant authorities of the Member State concerned. Such cooperation shall include the exchange of information and the exchange of views on the planning of the inspections and the steps that will be taken. The Commission shall take into account any inspections, ongoing prosecuting, legal or administrative proceedings by administrative or judicial authorities of a Member State. The Commission shall give notice 15 days in advance of the object, purpose and legal basis of inspections to the permanent staff responsible for cooperation or the focal points referred to in Article 65(2) in the Member State concerned in whose territory the inspection is to be conducted, so that relevant authorities may provide the requisite assistance. To that end, officials of the relevant authorities of the Member State concerned shall be given opportunity to participate in the inspections. In urgent cases, if it is not possible to respect the 15 days’ notice, the Commission shall give notice at the first useful moment. In addition, upon request of the relevant authorities of the Member State concerned, the inspections shall be carried out jointly by the Commission and the relevant authorities of that Member State. 4. The staff and other accompanying persons authorised by the Commission to conduct an inspection shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the inspection. 5. The staff of the Commission that conduct an inspection shall be empowered to: (a) have access to any premises, land and means of transport of the notifier, the person who arranges the shipment, the waste producer, the waste holder, the carrier, the consignee or the facility that receives the waste; (b) examine any relevant documents related to the subject-matter and purpose of the inspections, irrespective of the medium on which they are stored, and to take or obtain in any form copies of or extracts from such documents; (c) ask the notifier, the person who arranges the shipment, the waste producer, the waste holder, the carrier, the consignee or the facility that receives the waste for explanations on facts or documents relating to the subject-matter and purpose of the inspections and to record the answers; (d) take and record statements from the notifier, the person who arranges the shipment, the waste producer, the waste holder, the carrier, the consignee or the facility that receives the waste related to the subject-matter and purpose of the inspections; (e) physically check the waste and take samples of the waste for laboratory tests, where appropriate. 6. The notifier, the person who arranges the shipment, the waste producer, the waste holder, the waste carrier, the consignee and the facility that receives the waste shall cooperate with the Commission in the course of its inspections. 7. The authorities of the Member States involved in inspections on the shipments of waste in whose territory the inspection of the Commission is to be conducted shall, at the request of the Commission, provide the necessary assistance to the staff of the Commission. 8. The notifier, the person who arranges the shipment, the waste producer, the waste holder, the waste carrier, the consignee and the facility that receives the waste are required to submit themselves to inspections of the Commission. 9. Where the Commission finds that the notifier, the person who arranges the shipment, the waste producer, the waste holder, the waste carrier, the consignee or the facility that receives the waste opposes an inspection, the relevant authorities of the Member State concerned shall, afford the Commission the necessary assistance, requesting where appropriate the assistance of enforcement authorities, so as to enable the Commission to conduct its inspection. If such an assistance requires authorisation from a judicial authority according to national rules, such authorisation shall be applied for.
Article 69 Requests for information
1. The Commission may interview any natural or legal person who consents to be interviewed for the purpose of collecting all necessary information relating to the relevant waste shipments. 2. Where such an interview is conducted in the premises of an establishment, undertaking, broker or dealer, the Commission shall inform the permanent staff responsible for cooperation or the focal points referred to in Article 65(2) in the Member State concerned in whose territory the interview takes place. If so requested by the authority of that Member State, its officials may assist the staff of the Commission to conduct the interview. The invitation to an interview shall be sent to the person in question with at least 10 working days’ notice. That notice period may be shortened with the express consent of the person concerned or on duly reasoned grounds of urgency of the inspection. In the latter case, the notice period shall not be less than 24 hours. The invitation shall include a list of the rights of the person concerned, in particular the right to be assisted by a person of his or her choice. 3. The Commission may request legal or natural persons responsible for an establishment or an undertaking, or any broker and dealer to provide all necessary information relating to the relevant waste shipments. The Commission shall state the legal basis and the purpose of the request, specify what information is required and fix the time-limit within which the information is to be provided. 4. The Commission shall without delay make available the request to the relevant authorities of the Member State in whose territory the seat of the establishment, undertaking, broker or dealer is situated and to the authorities of the Member State whose territory is affected. 5. Where the establishment, undertaking, broker or dealer does not provide the requested information, or the Commission considers the information it received to be insufficient to reach a conclusion, the second sentence of Article 61(6) shall apply, mutatis mutandis .
Article 70 Procedural guarantees
1. The Commission shall carry out inspections and request information in compliance with the procedural guarantees of the notifier, the person who arranges the shipment, the waste producer, the waste holder, the waste carrier, the consignee or the facility that receives the waste set out in this Article. 2. The notifier, the person who arranges the shipment, the waste producer, the waste holder, the waste carrier, the consignee or the facility that receives the waste shall have: (a) the right not to make self-incriminating statements; (b) the right to be assisted by a person of choice; (c) the right to use any of the official languages of the Member State where the inspection takes place; (d) the right to comment on facts concerning them, once the inspection has been completed and before the adoption of a report pursuant to Article 67(4). The invitation to comment shall include a summary of the facts concerning the person in question and shall indicate an adequate time limit for submitting comments. In duly justified cases where necessary to preserve the confidentiality of the inspection or of an ongoing or future administrative or criminal investigation by a national authority, the Commission may decide to defer the invitation to comment; (e) the right to receive a copy of the record of interview and either approve it or add observations; (f) where the Commission has made judicial recommendations pursuant to Article 67(4), and without prejudice to the confidentiality rights of whistle-blowers and informants, and in accordance with the applicable confidentiality and data protection rules, the person in question may request the Commission to provide the report drawn up under Article 67(4) to the extent that it relates to that person. The Commission shall grant access only with the explicit consent of all recipients of the report. The Commission shall seek evidence for and against the notifier, the person who arranges the shipment, the waste producer, the waste holder, the waste carrier, the consignee or the facility that receives the waste, and carry out inspections and request information objectively and impartially and in accordance with the principle of the presumption of innocence. 3. The Commission shall ensure the confidentiality of the inspections, of the interview and of the request carried out pursuant to this section. Information transmitted or obtained in the course of the inspections, interview and requests pursuant to this section shall be subject to data protection rules.
Article 71 Mutual assistance
For the purposes of applying this Regulation and without prejudice to Articles 64 and 65 of this Regulation, Regulation (EC) No 515/97, except for Article 2a, Articles 18a to 18e, Titles IV to VII, and the Annex, shall apply mutatis mutandis to the cooperation between the relevant authorities of the Member States and the Commission implementing the provisions in this section.
Article 72 Format of communications
Where the provisions in Article 27 do not apply or where actors outside the Union are not connected to the central system referred to in Article 27(3), the relevant actors may submit and exchange information and documents referred to in this Regulation by post, fax, email with digital signature, email without digital signature followed by post or, where agreed between the actors concerned, by email without digital signature. In case of email with digital signature, any stamp or signature required shall be replaced by the digital signature.
Article 73 Reporting
1. Before the end of each calendar year, each Member State shall submit to the Commission a copy of the report it has drawn up and submitted to the Secretariat of that Convention for the previous calendar year in accordance with Article 13(3) of the Basel Convention. 2. Before the end of each calendar year, Member States shall also draw up a report for the previous calendar year, based on the additional reporting questionnaire in Annex XI, and submit it to the Commission. Within a month of submission of that report to the Commission, Member States shall make the section of that report relating to Articles 25, 60(1) and 63(1), including Table 7 of Annex XI, publicly available, electronically via the internet, together with any explanation that the Member States consider to be appropriate, and inform the Commission on the related hyperlinks. The Commission shall compile a list of the Member States’ hyperlinks and make it publicly available on its website. 3. The reports drawn up by Member States in accordance with paragraphs 1 and 2 shall be submitted to the Commission electronically. 4. The Commission shall review the data reported in accordance with this Article and publish a report with the results of its review. In addition, the Commission shall address in that report the following elements: (a) trends in illegal shipments and best practices to tackle such shipments, taking into account recommendations made by the waste shipment enforcement group referred to in Article 66; (b) the efficiency of the procedure of prior written notification and consent laid down in Chapter 1 of Title II, and notably the related timelines, inter alia, by analysing elements such as the number of objections and consents, and the time between the submission of and a decision taken on a notification, based on data stored in the system referred to in Article 27; (c) contribution of this Regulation to climate neutrality, achieving circular economy and zero pollution, taking into account the reports and data published by relevant Union’s agencies. The European Environment Agency shall support the Commission in the task of monitoring the implementation of this Regulation by, where appropriate, drawing up reports providing an analysis of the shipments of specific waste streams, and of their environmental impacts. The report mentioned in the first subparagraph shall be drawn up for the first time by 31 December 2029 and every three years thereafter. 5. After 21 May 2029, the Commission shall draw up a report assessing whether the implementation of the provisions contained in Articles 39 to 46 has ensured the environmentally sound management of plastic waste, both in the EU and in countries where such waste has been exported from the Union, as well as no significant adverse effects occurred on the treatment of domestic waste in importing countries. It shall take into consideration information and elements provided by Member States involved in export of plastic waste, by the competent authorities of the countries of import, as well as by economic operators and civil society organisations. The report shall also provide information on the evolution of the capacity of waste operators in the Union to manage plastic waste generated in the Member States and imported into the Union in an environmentally sound manner. The report shall also assess if the provisions on the shipments of waste between Member States have contributed to improving the management of plastic waste, especially looking at the classification of plastic waste under entry EU3011. This report shall be accompanied, if appropriate, by a legislative proposal to amend this Regulation, which could include stricter conditions on the export of plastic waste to third countries, including export prohibitions.
Article 74 International cooperation
Member States, where appropriate and necessary in liaison with the Commission, shall cooperate with other Parties to the Basel Convention and inter-State organisations, inter alia, via the exchange or sharing of information, the promotion of environmentally sound technology and the development of appropriate codes of good practice.
Article 75 Designation of competent authorities
Member States shall designate the competent authority or authorities responsible for the implementation of this Regulation. Each Member State shall designate only one single competent authority of transit.
Article 76 Designation of correspondents
Member States and the Commission shall each designate one or more correspondents responsible for informing or advising persons or undertakings making enquiries relating to the implementation of this Regulation. The Commission correspondent shall forward to the correspondents of the Member States any questions put to him or her which concern the Member States, and vice versa.
Article 77 Designation of customs offices of entry and exit
Member States may designate specific customs offices of entry and exit for shipments of waste entering and leaving the Union. Where a Member State decides to designate such customs offices, no other border crossing points within that Member State shall be used for the purposes of shipments entering or leaving the Union.
Article 78 Notification of, and information regarding, designations
1. Member States shall notify the Commission of designations of: (a) competent authorities, pursuant to Article 75; (b) correspondents, pursuant to Article 76; (c) where relevant, customs offices of entry and exit, pursuant to Article 77. 2. In relation to the designations referred to in paragraph 1, Member States shall provide the Commission with the following information: (a) names; (b) postal addresses; (c) email addresses; (d) telephone numbers; (e) languages acceptable to the competent authorities. 3. Member States shall immediately notify the Commission of any changes in the information referred to in paragraphs 1 and 2. 4. The information referred to in paragraphs 1 and 2, as well as any changes in that information shall be submitted to the Commission electronically. 5. The Commission shall publish on its website lists of the designated competent authorities, correspondents and, where relevant, customs offices of entry and exit, and shall update those lists as appropriate.
Article 79 Amendment to Annexes I to X and XII
1. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annexes IA, IB, IC, II, III, IIIA, IIIB, IV, V, VI and VII in order to take account of changes agreed under the Basel Convention and the OECD Decision. 2. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IC, in order to adapt it to the implementation of Article 27, after 21 May 2026. 3. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IIIA, in order to, following the submission of a request by a Member State or on its own initiative, include in that Annex mixtures of two or more wastes listed in Annex III, provided that the composition of those mixtures of wastes does not impair their environmentally sound recovery and where it is demonstrated that the mixture of wastes in question will be managed in an environmentally sound manner within the Union, and provide that one or more of the entries in Annex IIIA shall only apply for shipments between Member States where it is demonstrated that the mixture of wastes in question is expected not to be managed in an environmentally sound manner in countries to which the OECD Decision applies. 4. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IIIB, in order to, following the submission of a request by a Member State or on its own initiative, include in that Annex non-hazardous wastes not listed in Annex III, Annex IV or Annex V, where it is demonstrated that the waste in question will be managed in an environmentally sound manner within the Union. 5. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex VIII as regards the form and content of the information referred to in that Annex, based on experience gained during implementation of this Regulation and to update the form and information in that Annex regarding Union legislation and international guidance as regards environmentally sound management on the basis of developments in the relevant international fora or at Union level and to take account of scientific and technical progress. 6. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex IX, in order to update the lists of Union legislation and international guidance as regards environmentally sound management on the basis of developments at Union level or in the relevant international fora. 7. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex X as regards the criteria contained in that Annex, based on experiences gained during implementation of this Regulation and to update the information in that Annex regarding Union legislation and international guidance on the basis of developments in the relevant international fora or at Union level as regards environmentally sound management and to take account of scientific and technical progress. 8. The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend Annex XII as regards the information contained in that Annex, based on experience gained during implementation of this Regulation.
Article 80 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 Articles 14(3), 15(6), 18(15), 27(2), 29(6), 39(5), 41(1), 43(4), 45(6), and Article 79 shall be conferred on the Commission for a period of five years from the date of entry into force of this Regulation. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Articles 14(3), 15(6), 18(15), 27(2), 29(6), 39(5), 41(1), 43(4), 45(6), and Article 79 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. 5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Articles 14(3), 15(6), 18(15), 27(2), 29(6), 39(5), 41(1), 43(4), 45(6), or Article 79 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.
Article 81 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. Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.
Article 83 Amendment of Regulation (EU) 2020/1056
Regulation (EU) 2020/1056 is amended as follows: (1) in Article 2(1)(a), point (iv) is replaced by the following: ‘(iv) Article 9(2), 16(1) and Article 18(4) of Regulation (EU) 2024/1157 of the European Parliament and of the Council ( *1 ) ; this Regulation is without prejudice to controls by customs offices provided for in relevant provisions of Union legal acts; ( *1 ) Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 ( OJ L, 2024/1157, 30.4.2024, ELI:http://data.europa.eu/eli/reg/2024/1157/oj ).’;" (3) in Article 5, paragraph 2 is deleted;
Article 84 Review
By 31 December 2035, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 73, and the review referred to in Article 62(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal. The Commission shall, during its review and as a part of its report, assess in particular: (a) the efficiency of the procedure of prior written notification and consent laid down in Chapter 1 of Title II, and notably the related timelines in Articles 8, 14, 15 and 16, inter alia, by analysing elements such as the number of objections and consents, and the time between the submission of and a decision taken on a notification. The Commission may use data stored in the systems referred to in Article 27 for this purpose; (b) if publishing data on the shipments of waste in accordance with Article 21 provides adequate transparency, in particular by analysing if and why names of the facilities at destination were considered as confidential due to Union and national legislation by competent authorities or persons who arrange the shipments; (c) if this Regulation sufficiently contributed to climate neutrality, achieving a circular economy and zero pollution, taking into account the reports and data published by relevant Union’s agencies. The Commission shall, during its review and as a part of its report, assess in addition whether the principle of equality in Union law has been respected, evaluate in this context possible impacts on any Member State’s competitiveness, and take rectifying measures where deemed necessary.
Article 85 Repeal and transitional provisions
1. Regulation (EC) No 1013/2006 is repealed with effect from 20 May 2024. 2. However, the provisions of Regulation (EC) No 1013/2006 shall continue to apply until 21 May 2026 except for: (a) Article 30 that shall cease to apply from 20 May 2024; (b) Article 37 that shall continue to apply until 21 May 2027; (c) Article 51 that shall continue to apply until 31 December 2025. 3. Regulation (EC) No 1013/2006 shall also continue to apply to shipments for which a notification has been submitted in accordance with Article 4 of that Regulation and for which the competent authority of destination has given its acknowledgement in accordance with Article 8 of that Regulation before 21 May 2026. For those shipments, the provisions of this Regulation shall not apply. 4. Commission Regulation (EC) No 1418/2007 ( 47 ) is repealed with effect from 21 May 2027. 5. The recovery or disposal of waste in a shipment for which the competent authorities concerned have given their consent in accordance with Article 9 of Regulation (EC) No 1013/2006 shall be completed not later than one year from 21 May 2026. 6. Shipment for which the competent authorities concerned have given their consent in accordance with Article 14(2) of Regulation (EC) No 1013/2006 shall be completed not later than three years from 21 May 2026. 7. A pre-consent of a facility in accordance with Article 14 of Regulation (EC) No 1013/2006 shall cease to be valid not later than five years from 20 May 2024. 8. References to the repealed Regulation (EC) No 1013/2006 shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex XIII.
Article 86 Entry into force and application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union . 2. It shall apply from 21 May 2026. 3. However, in relation to the following provisions, the following dates of application shall apply: (a) Article 83, points 4, 5 and 6, from 20 August 2020; (b) Articles 2(2) point (i), Articles 7(10), 11(5), 14(3), 15(6), 18(15), 27(2) and (5), 29(3) and (6), Article 31, 41 to 43, Article 45, 51(7), 61(7), Article 66, Articles 79 to 82 and Article 83, points 1 to 3, from 20 May 2024; (c) Article 39 point (1)(d) from 21 November 2026; (d) Articles 38(2) point (b), Article 40, Article 44(2) point (a), and Articles 46 and 47 from 21 May 2027, except for Article 40(3)(b) which shall apply from 21 May 2026; (e) Article 73 from 1 January 2026.