COUNCIL REGULATION No 259/93 (Legal framework) Ton Post / Kees van Hees VROM Inspection Notes

Title 1 Scope and definitions Title 2 Shipment of waste between Member States Title 4 Export of waste outside of the Community Title 5 Import of waste into the Community Title 6 Transit of waste Title 7 and 8 Provisions

IMPORTANT STEPS TO TAKE Waste International Shipment Excluded Disposal Recovery: 1 Annex II (green list) 2 Annex III (amber list) 3 Annex IV (red list)

DEFINITION OF WASTE According to directive 75/442: any substance or object which the holder dispose of, or is required to dispose of, pursuant to the provision of national law enforcement

EXCLUDED (most important) Shipments of radioactive waste;   Shipment of civil aviation waste;   Shipment of waste already covered by other relevant legislation;  Waste destined for recovery and listed in Annex II (green list) (partly excluded).

INCLUDED (ANNEX II: green list) Article 11 Article 17 par 1, 2 and 3 Destined for duly authorized facilities

NOTIFIER Any natural person or corporate body to whom or which the duty to notify is assigned: The person who proposes to ship waste or have waste shipped.

NOTIFIER (CONTINUED) The producer of the waste or; A licensed collector, dealer or broker or; The person having possesion or legal control of the waste (holder); In case of import or transit, the person designated by the laws of the state of dispatch or the holder.

SHIPMENTS BETWEEN EU-MEMBERS RECOVERY: ANNEX III (amber list) : NOTIFICATION ANNEX IV (red list) : NOTIFICATION ANNEX II (green list) : ART 11 : DESTINED FOR A DULY AUTHORIZED FACILITY DISPOSAL : NOTIFICATION

ART. 11 Name and address holder Usual commercial description of the waste Quantity Name and adress of the consignee Operation involving recovery Anticipated date of shipment Signature holder

SHIPMENT/DISPATCH WITH A NOTIFICATION The notifier has to send a copy of the consignment to the competent authorities three working days before the shipment is made. The consignment note shall accompany each transport.

SHIPMENT/RECEIPT WITH A NOTIFICATION Within three working days following receipt of the waste, the consignee shall send copies of the completed consignment note to the notifier and the competent authorities. As soon as possible and not later than 180 days following receipt of the waste, the consignee shall send a certificate of recovery or disposal to the notifier and the competent authorities.

PROCEDURES ANNEX II NEW MEMBERS REGULATION 2557/2001 Recovery of waste annex II (green list): Notification Latvia Hungary Malta Poland Slovakia

EXPORT FOR DISPOSAL OUT OF THE EU Prohibited except those to EFTA countries (European Free Trade Organisation) which are also parties to the Basel Convention.

EXPORT FOR RECOVERY OUT OF THE EC Export of hazardous waste to non-OECD (Organisation for Economical Cooperation and Development) States > ANNEX V Commission Regulation No 2557/2001: PART 1 List A : export ban PART 1 List B : normal procedures PART 2 : hazardous waste>export ban PART 3 : export ban

EXPORT FOR RECOVERY OUT OF THE EC Export of waste listed in annex II (green list) to non-OECD states Regulation: 1547/99 Regulation: 1420/99

REGULATION 1547/99 annex A: notification annex B: notification annex C: notification annex D: art 11 + destined for an authorized facility

REGULATION 1420/99 Annex A: export ban Annex B: notification

EXPORT TO ACP-STATES All export of waste to ACP States (African, Caribbean and Pacific States) shall be prohibited. Exceptions: Not for waste listed in annex II (green list); Returning after processing in a member state.

IMPORT FOR DISPOSAL INTO THE EU All import shall be prohibited except those from: EFTA countries which are parties to the Basel Convention; Countries with which the Community have concluded bilateral or multilateral agreements or arrangements; Countries with which individual Member States have concluded bilateral agreements or arrangements.

IMPORT OF WASTE FOR RECOVERY INTO THE EC All imports shall be prohibited except those from: Countries to which the OECD decision applies Other countries which are Parties to the Basel Convention

ART. 26 VIOLATION Definition of the illegal shipment of waste Who is responsible for the disposal of the waste after the violation

FINANCIAL GUARANTEE Concerning every shipment of waste Responsibility of the notifier The guarantee will be returned: Certificate of disposal or recovery Controle copy T 5

GENERAL NOTIFICATION Waste having the same physical and chemical characterstics Shipped periodically To the same consignee Following the same route

MIXING UP WASTES It is not allowed to mix up wastes which are the subject of different notifications during the shipment

RELEVANT COMMERCIAL DOCUMENTS Contract Invoice Weighting slips Analysis CMR Bill of Lading Manifest Airway bill Railway bill Dangerous good note

RELEVANT CUSTOM DOCUMENTS EX A T 1 CARNET TIR EUR 1 ATR FORM A IM A/B