Author (Corporate) | European Commission |
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Series Title | COM |
Series Details | (2013) 516 final (11.7.13) |
Publication Date | 11/07/2013 |
Content Type | Policy-making |
The Waste Shipment Regulation (Regulation (EC) No 1013/2006, "WSR") lays down requirements for shipments of waste both within the EU and between the EU and third countries, in order to protect the environment. The WSR has stricter rules for hazardous waste than for non-hazardous waste. All exports of hazardous waste to countries outside the OECD and all exports of waste for disposal outside the EU/EFTA are prohibited. The WSR's ban on exports of hazardous waste outside the OECD implements the UN Basel Convention's export ban from 1995. Non-hazardous waste can be exported for recovery outside the OECD provided the waste will be managed in an environmentally sound manner, i.e. in a way which is broadly equivalent to rules applied in the EU. Within the EU, all shipments of waste for recovery shall be entitled to free movement. For non-hazardous waste, such shipments are not subject to any prior notification and only have to fulfil general information provisions. Shipments of hazardous waste for recovery and shipments of waste for disposal are both subject to prior written notification and consent. However, as regards shipments of waste for recovery, the competent authorities may only oppose a shipment based on the environmental grounds set out by the WSR. Article 50 of the WSR contains a general provision on enforcement stipulating that Member States shall provide for inspections of establishments and undertakings in accordance with the inspection requirements in Directive 2008/98/EC (Waste Framework Directive), and that Member States may check transports by road, in ports etc. or at a later stage when the waste has already arrived at a recovery or disposal facility. Controls are otherwise left to Member States' discretion. The WSR does not contain any specific provisions on how inspections shall be carried out: it only stipulates that "Checks on shipments shall include the inspection of documents, the confirmation of identity and, where appropriate, physical checking of the waste." The most problematic illegal waste shipments are those concerning hazardous waste and waste which is illegally sent for dumping or sub-standard treatment. The dumping or substandard treatment of waste often has severe impacts on the environment and human health for populations surrounding the disposal/treatment area. Leaks from discarded waste also harm soils and water streams, and produce air pollution, through emissions of e.g. heavy metals and persistent organic pollutants. If recycling standards and capacity in the countries of destination are not adequate, potential environmental and health hazards are simply being exported to other parts of the world. This also contributes to global warming and ozone depletion. This legislative proposal will support and steer Member States’ inspections in order to target the problematic and high-risk waste streams described above. Risk assessments shall be carried out by Member States, covering specific waste streams and sources of illegal shipments, and considering intelligence–based data, such as police investigations and analyses of criminal activities. Every year priorities for inspections shall be selected based on these risk assessments and published in the annual inspection plans. These plans shall be made available to the public. Inspectors shall take the inspection plans into account and require evidence from suspected illegal waste exporters according to the relevant provisions in the proposal. |
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Source Link | http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM:2013:516:FIN |
Related Links |
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Subject Categories | Environment |
Countries / Regions | Europe |
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