The obligation to notify the shipment of waste results from legal provisions. First of all, from Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006. The aim of this procedure is to carefully monitor and control waste shipments to exclude illegal practices. What should you pay attention to when submitting your application?
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The process of moving waste abroad is regulated by both European Union regulations and the so-called third countries. There are two main forms of monitoring such transport. The first is the information procedure. The second, more demanding, procedure is the procedure of prior notification and obtaining consent for relocation. The purpose of these regulations is to ensure compliance with regulations regarding environmental protection and public health. Let us now focus on the second form of transport monitoring. Who is obliged to carry it out?
When should you report waste transport?
The notification process is particularly important for entities planning cross-border waste transport. This requirement covers various categories of waste, both hazardous and non-hazardous, and mixtures thereof. It is mandatory in two key cases:
- The holder of the waste or its producer must report its transport if the place of collection is outside the EU. This applies to both hazardous waste and the so-called neutral.
- If the transport concerns delivery to another EU member state. This situation occurs when the waste is hazardous or mixed with other, even neutral, waste.
Risks and responsibilities
Sanctions for infringements of waste shipment regulations include:
- The authority supervising waste management or environmental protection has the power to impose a financial penalty on the company. The amount of penalties may be significant and depends on the type of violation and the scope of waste shipment. For example, in Poland, for failure to report waste transport, an enterprise may be charged with a financial penalty ranging from PLN 50,000 to even PLN 300,000.
- In some cases, violations of waste shipment regulations may lead to prosecution and the imposition of criminal and administrative sanctions on those responsible for these violations. Article 183, paragraph 5 of the Penal Code indicates that the export of waste abroad without the required permit is punishable by imprisonment of up to 8 years, and paragraph 6 states another 2 years in the event that the crime was committed unintentionally.
- In some cases, violations of waste shipment regulations may lead to prosecution and the imposition of criminal and administrative sanctions on those responsible for these violations. Article 183, paragraph 5 of the Penal Code indicates that the export of waste abroad without the required permit is punishable by imprisonment of up to 8 years, and paragraph 6 states another 2 years in the event that the crime was committed unintentionally.
- Organ nadzorujący ma uprawnienie nałożenia na przedsiębiorstwo zakazu przemieszczania odpadów, co może znacząco wpłynąć na działalność firmy.
- In the event of a violation of the regulations, the competent authority may withdraw previously granted consent or notification.
The conclusion is clear: the waste notification procedure is an essential step in the process of moving waste abroad. Regulatory compliance and awareness of responsibilities are key to protecting our environment and avoiding undesirable legal consequences.