(Utkast) Kommisjonens gjennonføringsforordning (EU) .../... om fastsettelse av regler for anvendelsen av europaparlaments- og rådsforordning (EU) 2024/1157 med hensyn til krav nødvendige for interoperabilitet mellom det sentrale systemet for elektronisk innsending og utveksling av informasjon og dokumenter knyttet til forsendelser av avfall og andre systemer eller programvare, samt andre tekniske og organisatoriske krav som er nødvendige for praktisk gjennomføring av slik elektronisk innsending og utveksling av informasjon og dokumenter
Avfallstransportforordningen 2024: interoperabilitet av systemer for elektronisk innsending og utveksling av informasjon og dokumenter
practical implementation of such electronic submission and exchange of information and documents
Utkast til kommisjonsforordning godkjent av komite (representanter for medlemslandene) og publisert i EUs komitologiregister 29.4.2025
Tidligere
- Utkast til forordning lagt fram av Kommisjonen 5.3.2025 med tilbakemeldingsfrist 2.4.2025
Bakgrunn
(fra kommisjonsforordningen)
(1) One of the main objectives of Regulation (EU) 2024/1157 is to facilitate the exchange of information concerning shipments of waste between the relevant competent authorities and operators and improve the enforcement of the measures concerning shipments of waste.
(2) In order to make the exchange of information pursuant to Regulation (EU) 2024/1157 more efficient, in particular in the processing of notifications and information under Article 18 of that Regulation for the shipment of waste, it is imperative that the submission and exchange of information and data relating to shipments of waste within the Union be made via electronic means.
(3) Article 27(3) of Regulation (EU) 2024/1157 requires the Commission to operate a central system that provides a hub which should allow for the exchange in real time of the information and documents referred to in Article 27(1) of that Regulation between the local systems operated by competent authorities in the Member States and relevant software provided by commercial operators. In order to ensure interoperability between the central system and those local systems (‘the systems’) and other software, it is also necessary to lay down the procedural, technical and operational requirements for the practical implementation of the systems ensuring the electronic submission and exchange of that information, such as requirements regarding interconnectivity, architecture and security.
(4) Article 27(1)(a) point (ix) of Regulation (EU) 2024/1157 requires the Commission to enable the exchange of certificates for recovery or disposal pursuant to Article 15 and 16 of that Regulation. This obligation covers also the certificates issued by the subsequent interim or non-interim recovery operation or subsequent interim or noninterim disposal operation to a facility located in the country of destination. The information to be provided in such certificate is laid down in Commission Delegated Regulation (EU) 2024/2571 of 19 July 2024, and thus it is necessary to enable also exchange of such information in the central system.
(5) The central system should also contribute to improving the enforcement of the measures concerning shipments of waste. Authorities involved in inspection should be able to access the central system and obtain documents, data and information concerning shipments of waste. The use of the digital system should also allow Member States to obtain more accurate data, that could be further used in planning of inspections activities referred to in Article 62 of Regulation (EU) 2024/1157.
(6) Each user of the systems or software should have ownership and assume responsibility for the data, information and documents that they submit or generate therein. Competent authorities should have ownership and assume responsibility for the data, information, and documents generated on their behalf by duly authorized users performing the role of the competent authority within the systems.
(7) In order for the interoperating systems to function transparently, it is necessary that competent authorities indicate how they intend to access the central system with respect to the applicable procedures concerning shipments of waste. As in some Member States there is more than one competent authority for shipments of waste, the competent authorities should inform the Commission also on the scope of their competences. To ensure transparency, that information should be communicated by the competent authorities also to the operators and published on the Commission’s website.
(8) In order for the interoperating systems to function efficiently, it is necessary to lay down requirements for the identification of operators and competent authorities in the systems as well as rules on how operators and competent authorities, and the users representing them, should be registered in those systems, as well as rules on when users should access the central system through a ‘Graphical User Interface’ or an ‘Application Programming Interface’.
(9) To ensure that each operator is registered in the central system only once, it is necessary to establish rules concerning identification of operators in the systems and software. Each operator should be identified on the basis of its main identification number. For operators that engage in exports and imports of waste from and to the Union, that are required under Regulation (EU) 2013/952 of the European Parliament and the Council to obtain the EORI number, this number shall be the main identification number. Similarly, EORI number should be the main identification number for third country operators where obtaining this number is mandatory pursuant to the customs legislation. For all other operators with registered offices in the Union, the Member States should indicate what number should be the main identification number. When indicating the main identification numbers for operators under their jurisdiction, the Member States should take into account the definition of the operator, that covers also natural persons not conducting economic activity, as these persons can also engage in shipments of waste and thus, should have access to the central system.
(10) In order to ensure a correct implementation of the procedural requirements referred to in Article 27(1) of Regulation (EU) 2024/1157, the systems should allow all actors involved to act in relevant roles provided for in that Regulation, namely as competent authorities of dispatch, transit or destination, waste producer, notifier, carrier, consignee, facility receiving waste, person who arranges the shipment and authorities involved in inspections.
(11) In order to ensure that local systems interoperate correctly with the central system, it is necessary to introduce a testing process to verify whether local systems would be able to perform all the necessary operations, and consequently correctly exchange data with the central system.
(12) Furthermore, in order for the interoperating systems and software to function properly, it is also necessary to lay down a protocol of exchange of data, as well as requirements for exchanging attached documents.
(13) In order for the systems to ensure a correct implementation of the procedural requirements of Regulation (EU) 2024/1157, the systems and software should allow the authentication of relevant documents.
(14) To ensure the interoperation of local systems and other software with the central system, it is also necessary to lay down rules on how notification numbers, Annex VII document numbers and movement document numbers should be generated.
(15) In order to facilitate the shipments of waste to facilities granted the status of ‘preconsented’, it is necessary to ensure that data on such facilities as well as the specific procedures to ship waste to such facilities can be managed in the systems and software.
(16) In order to ensure efficient interoperation between the systems and software, it is necessary to determine additional functionalities of the systems and software. Such additional functionalities should ensure that all users, irrespective of how they access the central system, have the same rights and obligations when inserting data and information into that system.
(17) In order for the interoperating systems and software to function in a transparent and efficient manner, it is necessary to lay down requirements for the access and storage of information and documents in those systems and software. Storage of personal data in the information and documents in the systems and software should be limited to the minimum period required pursuant to Article 20 of Regulation (EU) 2024/1157. It is however necessary to lay down rules concerning storage of personal data in specific cases not covered by Article 20 of that Regulation, namely where certificates confirming completion of waste treatment were not issued. Periods of storage of personal data in those cases should be set out in compliance with the Article 20 of Regulation (EU) 2024/1157.
(18) The establishment of a central system for the exchange of documents and information on waste shipments constitutes a trans-European digital public service within the meaning of Regulation (EU) 2024/903 of the European Parliament and the Council. Accordingly, an interoperability assessment has been carried out, and the resulting report is to be published on the Interoperable Europe Portal.
(19) In processing personal data pursuant to this Regulation, Member States should comply with Regulation (EU) 2016/679 of the European Parliament and of the Council and Directive (EU) 2016/680 of the European Parliament and of the Council. Similarly, the Commission should comply with Regulation (EU) 2018/1725 of the European Parliament and of the Council.
(20) The EU Competitiveness Compass, set out in the Communication of the Commission of 29 January 2025, indicates that the forthcoming European Business Wallet is expected to facilitate the secure and efficient exchange of business-related data, including regulatory compliance documents and authorisations. The European Business Wallet could serve as the tool for operators and competent authorities to streamline documentation concerning shipments of waste, improve identification and authentication mechanisms, and enhance interoperability with the central system.
(21) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on […].
(22) The measures provided for in this Regulation are in accordance with the opinion of the committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council,