To follow up on the CoR recommendation to the EU institutions, Member States and local and regional authorities "to take effective action against the shifting of waste to sub-standard treatment plants within or outside the EU" (CdR 140/2011 fin).
to underline the benefit in "upstream" controls at the sites of waste producers and collectors in order to reduce pressure in ports
to support the proposed obligation on inspection plans, including the EU-wide definition of obligatory content
to support the proposal that inspection plans should cover the entire geographical area of the Member State concerned, but to suggest additional wording to allow for this to be done on a regional basis
to add that inspection plans should also include measurable targets, in line with existing best practice, which ensures that performance can be evaluated by decision makers
to modify that inspection plans should be published only at a strategic and not an operational level
to urge the publication of an annual report of inspections carried out, the outcome of those inspections and any penalties imposed
The Opinion has increased the profile, inter-institutional role and visibility of the CoR in the field, in particular:
• by the good press coverage reached for the Opinion;
• the very close cooperation developed with the European Parliament rapporteur and additional MEPs, in particular through the joint site visit organised by the ENVE Secretariat for the rapporteur together with the European Parliament rapporteur of the Port of Antwerp and meeting with the relevant national and regional authorities and shipping companies involved in waste shipment inspections; bilateral meetings with MEP Chris Davies, and assistants of MEPs Gerbrandy and Taylor; and participation of the rapporteur in a breakfast meeting hosted by MEP Jo Leinen on the subject;
• the stakeholder meetings of the rapporteur, and her meetings with the Lithuanian EU Presidency and the UK Permanent Representation.
The European Parliament retained the following legislative amendments proposed by the CoR Opinion when voting in the 1st reading:
• waste inspection plans should provide information as to how concerns or irregularities can be reported;
• the outcomes of inspections, including any penalties imposed, should be made available to the public, including electronically;
• 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 on shipments of waste, flows of waste, operators and facilities and share experience and knowledge on enforcement measures,
The following recommendations by the Opinion were also taken up by the EP rapporteur in his report or were tabled by other MEPs as amendments, yet did not made it into the European Parliament 1st reading vote:
• Member States shall ensure that the inspection plans are permanently available to the public, including electronically;
• waste inspection plans should also cover inspection of waterway transports;
The final regulation No 660/2014 of the European Parliament and the Council of 15 May 2014 amending the waste shipments regulation includes the following elements, which the CoR required for in its legislative amendments:
• Member States have to provide information of the persons or bodies to which concerns or irregularities can be reported (amendment to Annex IX);
• the outcomes of inspections, including any penalties imposed, should be made available to the public, including electronically (amendment to Annex IX);
• Member States shall cooperate, bilaterally and multilaterally (…). They shall exchange relevant information (…) and share experience and knowledge on enforcement measures (…). (new wording of Art. 50 (5))
THE COMMITTEE OF THE REGIONS
- calls for an obligation for Member States to cooperate and exchange information on waste shipments and on enforcement measures, and calls on the Commission to take fully into account the competences of local and regional authorities when adopting delegated acts on the electronic data interchange, and to ensure compatibility with existing "single window" platforms as well as accessibility to all forces involved;
- welcomes the proposed obligation on inspection plans and EU-wide definition of obligatory content in order to promote regular and consistent planning of inspections in all Member States. Adequate inspection planning will help local and regional authorities to increase their capacity to carry out effective inspections;
- calls for an obligation for the coordination of inspection plans in countries where they are developed at a regional level; and for the plans to also include measurable targets, to refer to waterways and air transport, and to base the number and type of inspections on the risk assessment and priorities;
- calls also for an obligation of the inspection plans to include a communication and compliance promotion strategy, and information as to how the regulated community and the general public can report concerns to a prescribed agency (whistleblowing);
- believes that inspection plans at a strategic and not an operational level should be published; and urges the publication of an annual report of inspections carried out, the outcome of those inspections and any penalties imposed.