Basic information
Outline of the system
This section provides a description of the EU waste shipment notification scheme as established by the EU rules and procedures for the transboundary shipments of waste.
The import of waste into the EU is for some waste controlled under a permit system* administered by the national competent authorities. Its requirements are tied in with those of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
*Procedure of 'prior written notification and consent pursuant to Article 4 of Regulation (EC) No.1013/2006 on shipments of waste.
Product coverage
In accordance with the EU's obligations under the Basel convention and in the organization for Economic Co-operation and Development (OECD), the regulation applies to hazardous wastes and other wastes as listed in the schedules of the Basel Convention.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The notification system ensures that the EU's commitments as a party to the Basel Convention are upheld. To that effect, transboundary movements of hazardous wastes and other wastes is to be reduced to the minimum consistent with the environmentally sound and efficient management of such wastes and to be conducted in such a manner which will protect human health and the environment against the adverse effects which may result from such movement. The EU procedures applicable for the shipment of hazardous wastes are not intended to restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
The wastes concerned are not under restriction as to the quantity or value of imports. Replies from I to XI below are therefore not pertinent.
The system applies to products originating from which country?
The system applies to hazardous wastes and other wastes as listed in the schedules of the Basel Convention originating in and coming from all countries that are a party to the Basel Convention or OECD*.
*This system applies also for the import of all non-hazardous wastes which are destined for a disposal operation in the EU and some waste destined for a recovery operation in the EU.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The internal EU legal framework for this scheme is Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ L 190, 12.07.2006, p. 1). A consolidated version of the Regulation can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02006R1013-2....
Licensing is a statutory requirement for the import of any hazardous waste listed in schedules to the Basel Convention or OECD Council Decisions.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any natural or legal person, firm or institution may apply for a permit.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
In accordance with Article 4 of Regulation (EC) No 1013/2006 on shipments of waste, the notification shall be effected by means of the notification document set out in Annex IA and the movement document set out in Annex IB of the Regulation. Together with Annex IA and IB, the notifier shall also supply the information listed in Annex II, Part 1 and Part 2 of the Regulation, respectively.
What documents is the importer required to supply with the application?
Competent authorities may require additional information and documentation as listed in Annex II, Part 3 of the Regulation.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Permit (as permit it should be understood the "procedure of prior written notification and consent") applications should be lodged in advance of the importation to allow for sufficient time for the competent authorities to produce a response.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which permit application may be made.
Issuing the license
Can a licence be granted immediately on request?
The planned shipment of waste may take place during the period of validity of written consent of competent authority of dispatch and written consent of competent authority of destination and written or tacit consent(-s) of competent authority (-ies) of transit. The decisions of competent authorities regarding planned shipments need to be duly reasoned.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Deadlines to be respected are laid down in the EU legislation. Within these time constraints still, the processing time for a notification varies from case to case, depending primarily on the time taken by the competent authorities of the exporting economies concerned to provide feedback for the application, and on whether the application form is duly completed and lodged with all the required supporting documents.
Which administrative body is responsible for approving application of licences?
For notifiable shipments of waste, the submission of a notification is made by the notifier to the competent authorities of the country of dispatch and a prior consent for the shipment needs to be obtained from the competent authorities of all countries concerned (dispatch, transit and destination). The competent authorities in the EU Member states are listed here: http://ec.europa.eu/environment/waste/shipments/links.htm.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
All applications must identify the maximum amount of the hazardous wastes that is intended to be covered by the permit. This limit cannot be exceeded. In addition, the applicant is provided with specific conditions that form part of the permit that usually relate specifically to the transport, treatment and/or disposal of the hazardous waste.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
In accordance with Article 29 of Regulation (EC) No 1013/2006, appropriate and proportionate administrative costs of implementing the notification and supervision procedures and usual costs of appropriate analyses and inspections may be charged to the notifier.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
A financial guarantee, or equivalent insurance, shall be established by the notifier or by another natural or legal person on its behalf and shall be effective at the time of the notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, at the latest when the shipment starts, and shall apply to the notified shipment at the latest when the shipment starts.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
This financial guarantee or equivalent insurance shall cover: (a) costs of transport; (b) costs of recovery or disposal, including any necessary interim operation; and (c) costs of storage for 90 days pursuant to Art. 6 of Regulation (EC) No 1013/2006 on shipments of waste.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Apart from statutory requirements, there are requirements under the Basel Convention for all States of Transit to control the trans-boundary movement of hazardous waste. Refusal to accept the movement by any such state shall cause the State of export to deny a permit.
Are the reasons for any refusal given to applicants?
According to Regulation (EC) No 1013/2006 on shipments of waste, the reasons for objection to shipments for disposal and for recovery are listed in Articles 11 and 12 of the Regulation, respectively.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The import permit is required and a valid export permit from the country of origin may be required as a condition of this permit.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
None (the EU Waste Shipment Regulation does not allow additional requirements at national level).
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Under the Regulation the import permit is valid for a period of up to 12 months, with the possibility of an extension up to 36 months and covers the amount and number of shipments of the hazardous waste as noted in the application.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
In case a permit to ship waste is granted, there is no obligation to make use of this.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits/licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.