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Shipments of Waste Regulation

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste

Scope

This Regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination. (Art. 1)

Exemptions

The following shall be excluded from the scope of this Regulation. (Art. 1, point 3) (a) the offloading to shore of waste, including waste water and residues, generated by the normal operation of ships and offshore platforms, provided that such waste is subject to the requirements of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Marpol 73/78), or other binding international instruments; (b) waste generated on board vehicles, trains, aeroplanes and ships, until such waste is offloaded in order to be recovered or disposed of; (c) shipments of radioactive waste as defined in Article 2 of Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (1); (d) shipments which are subject to the approval requirements of Regulation (EC) No 1774/2002; (e) shipments of the waste referred to in point 1(b)(ii), (iv) and (v) of Article 2 of Directive 2006/12/EC, where such shipments are already covered by other Community legislation containing similar provisions; (f) shipments of waste from the Antarctic into the Community which are in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty (1991); (g) imports into the Community of waste generated by armed forces or relief organisations in situations of crisis, peace-making or peacekeeping operations where such waste is shipped, by the armed forces or relief organisations concerned or on their behalf, directly or indirectly to the country of destination. In such cases, any competent authority of transit and the competent authority of destination in the Community shall be informed.

Regulatory activities

Article 4 - Notification Where the notifier intends to ship waste as referred to in Article 3(1)(a) or (b), he/she shall submit a prior written notification to and through the competent authority of dispatch and, if submitting a general notification, comply with Article 13. (Art.4, paragraph 1) Article 13 - General notification The notifier may submit a general notification to cover several shipments if, in the case of each shipment: (a) the waste has essentially similar physical and chemical characteristics; and (b) the waste is shipped to the same consignee and the same facility; and (c) the route of the shipment as indicated in the notification document is the same. (Article 13, point 1)

Relevant product types

No

Reference documents

Yes Council Decision 97/640/EC Directive 2006/12/ EC Council Directive 96/61/EC Regulation (EC) No 1774/2002 Council Directive 91/689/EEC Decision 1999/468/ Regulation (EC) No 1774/2002 Decision 1999/412/EC

Obligations based on CLP hazard class

No

Obligations based on properties of concerns

Yes Annex III - Guidelines on Environmentally Sound Management

EU-level occupational exposure limits

No

EU-level emission limit values

No

Substance-centric data source(s) at the EU level

No

Industry submission system in place

Yes, at the MS national levels

Format for industry submission

Yes Annex VI-Form for pre-consented facilities (Article 14) Annex VII-Information accompanying shipments of waste as referred to in Article 3 (2) and (4)

Owner

DG ENV

Update process

Article 58-Amendments to the Annexes The Annexes may be amended by the Commission by means of Regulations and in accordance with the procedure referred to in Article 18(3) of Directive 2006/12/EC, to take account of scientific and technical progress. In addition: (a) Annexes I, II, III, IIIA, IV and V shall be amended to take account of changes agreed under the Basel Convention and the OECD Decision; in addition, Annex IC on specific instructions for completing the notification and movement documents shall be completed at the latest by the date of application of this Regulation having regard to the OECD instructions; (b) unclassified wastes may be added to Annex IIIB, IV or V on a provisional basis pending a decision on their inclusion in the relevant Annexes to the Basel Convention or to the OECD Decision; (c) following the submission of a request by a Member State, mixtures of two or more wastes listed in Annex III may be considered for inclusion in Annex IIIA in the cases referred to in Article 3(2) on a provisional basis pending a decision on their inclusion in the relevant Annexes to the Basel Convention or to the OECD Decision. The initial entries to be included in Annex IIIA shall be inserted, if practicable, by the date of application of this Regulation and at the latest six months after that date. Annex IIIA may contain the proviso that one or more of the entries therein shall not apply for exports to countries to which the OECD Decision does not apply; (d) the exceptional cases referred to in Article 3(3) shall be determined and, where necessary, such waste shall be added to Annexes IVA and V and deleted from Annex III; (e) Annex V shall be amended to reflect agreed changes to the list of hazardous waste adopted in accordance with Article 1 (4) of Directive 91/689/EEC; (f) Annex VIII shall be amended to reflect relevant international conventions and agreements. Article 60-Review 1. By 15 July 2006, the Commission shall complete its review of the relationship between existing sectoral legislation on animal and public health, including shipments of waste covered by Regulation (EC) No 1774/2002, and the provisions of this Regulation. If necessary, this review shall be accompanied by appropriate proposals with a view to achieving an equivalent level of procedures and control regime for the shipment of such waste. 2. Within five years from 12 July 2007, the Commission shall review the implementation of Article 12(1)(c), including its effect on environment protection and the functioning of the internal market. If necessary, this review shall be accompanied by appropriate proposals to amend this provision.

Amendments

COMMISSION REGULATION (EC) No 1379/2007 of 26 November 2007 COMMISSION REGULATION (EC) No 669/2008 of 15 July 2008 Corrigendum, OJ L 299, 8.11.2008, p.50 (1379/2007) Corrigendum, OJ L 318, 28.11.2008, p.15 (1013/2006) REGULATION (EC) No 219/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 11 March 2009 COMMISSION REGULATION (EC) No 308/2009 of 15 April 2009 DIRECTIVE 2009/31/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL Text with EEA relevance of 23 April 2009 COMMISSION REGULATION (EU) No 413/2010 of 12 May 2010 COMMISSION REGULATION (EU) No 664/2011 of 11 July 2011 COMMISSION REGULATION (EU) No 135/2012 of 16 February 2012 COMMISSION REGULATION (EU) No 255/2013 of 20 March 2013 REGULATION (EU) No 1257/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 20 November 2013 Corrigendum, OJ L 334, 13.12.2013, p.46 (1013/2006) REGULATION (EU) No 660/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 COMMISSION REGULATION (EU) No 1234/2014 of 18 November 2014 Corrigendum, OJ L 277, 22.10.2015, p.61 (1013/2006) COMMISSION REGULATION (EU) 2015/2002 of 10 November 2015 COMMISSION DELEGATED REGULATION (EU) 2020/2174 of 19 October 2020

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