Recital 37

(37) In order to avoid disruptions of shipments of objects or substances due to disagreements between competent authorities as to whether the status of such objects or substances is waste or non-waste, it is necessary to set out a procedure to resolve such disagreements. It is important in that regard that competent authorities base their decisions on the provisions relating to the determination of by-products and to the end-of-waste status laid down in Directive 2008/98/EC. Uniform conditions are needed for the Member States to decide whether an object or a substance should be considered as a used good or waste. Furthermore, Member States should take measures aiming to ensure that objects or substances intended to be shipped to another country as used goods fulfil such conditions in accordance with Union law. It is also necessary to establish criteria for the classification of specific waste in the Annexes to this Regulation and to set out a procedure to resolve disagreements between competent authorities as to whether waste should be subject or not to the notification procedure. To ensure better harmonisation across the Union of the conditions under which waste, including waste from composite materials which can be difficult to recycle, should be subject to the notification procedure, the Commission should also be empowered to adopt delegated acts establishing criteria for the classification of specific waste in the relevant Annexes to this Regulation, which will determine whether or not it is subject to the notification procedure. In addition, in order to avoid waste being falsely declared as used goods and to provide legal clarity, the Commission should be empowered to adopt implementing acts establishing criteria to distinguish between used goods and waste, for specific commodities for which such distinction is important, especially for their export from the Union.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-03 · Text as adopted (Official Journal); later amendments are not incorporated in this text.