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COUNCIL REGULATION No 259/93 (Legal framework) Ton Post / Kees van Hees VROM Inspection
Notes
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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
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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)
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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
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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).
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INCLUDED (ANNEX II: green list)
Article 11 Article 17 par 1, 2 and 3 Destined for duly authorized facilities
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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.
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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.
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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
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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
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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.
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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.
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PROCEDURES ANNEX II NEW MEMBERS
REGULATION 2557/2001 Recovery of waste annex II (green list): Notification Latvia Hungary Malta Poland Slovakia
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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.
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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
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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
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REGULATION 1547/99 annex A: notification annex B: notification
annex C: notification annex D: art 11 + destined for an authorized facility
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REGULATION 1420/99 Annex A: export ban Annex B: notification
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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.
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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.
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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
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ART. 26 VIOLATION Definition of the illegal shipment of waste
Who is responsible for the disposal of the waste after the violation
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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
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GENERAL NOTIFICATION Waste having the same physical and
chemical characterstics Shipped periodically To the same consignee Following the same route
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MIXING UP WASTES It is not allowed to mix up wastes which are the subject of different notifications during the shipment
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RELEVANT COMMERCIAL DOCUMENTS
Contract Invoice Weighting slips Analysis CMR Bill of Lading Manifest Airway bill Railway bill Dangerous good note
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RELEVANT CUSTOM DOCUMENTS
EX A T 1 CARNET TIR EUR 1 ATR FORM A IM A/B
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