AnnexIX
ADDITIONAL QUESTIONNAIRE FOR REPORTS BY MEMBER STATES PURSUANT TO ARTICLE 51(2)
Article 11(1)(a) / Information on the measures taken to prohibit generally or partially shipments of waste between Member States in order to implement the principles of proximity, priority for recovery and self-sufficiency at Community and national level in accordance with Directive 2006/12/ECHas this provision been applied? Yes XNo
(please tick as appropriate)
If yes, please provide details of the measures taken:
These principles (proximity, self-sufficiency, etc.) are verified for every notification concerning waste destined for disposal. If these principles are not complied with, objections are made to the planned shipment.
......
Additional remarks:
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Information on the measures taken systematically to object to shipments of waste between Member States, having regard to the principles of proximity, priority for recovery and self-sufficiency at Community and national level in accordance with Directive 2006/12/EC
Has this provision been applied? YesNo X
(please tick as appropriate)
If yes, please provide details of the measures taken:
Walloon Region: Authorisation for shipments of ordinary industrial waste intended for energy recovery depends on there being no available incineration capacity in the equivalent facilities in the Walloon Region (class R01).
Additional remarks:
......
Article 11(1)(e) /
Information on the prohibition of the import of waste
Has this provision been applied? Yes X(please tick as appropriate)
If yes, please provide details of the measures taken:
The Walloon Region has taken its own measures to limit the development of landfill sites and reduce the harmfulness of the (final) waste that has to be disposed of there.
In this context it has banned all imports of waste destined for landfill. It can, however, still accept a certain proportion of residual waste in the context of imports destined for recovery. That residual waste is generated by recovery operations and is disposed of in landfill.
The other regions apply the measures as prescribed by Regulation (EC) No1013/2006.
Article 11(3) /
Information on exceptions to the implementation of the principle of proximity, priority for recovery and self-sufficiencyin the case of hazardous waste produced in a Member State of dispatch in such a small quantity overall per year that the provision of new specialised disposal installations within that State would be uneconomic
Have you asked any Member State to apply this exception?YesNo X(please tick as appropriate)
If so, please complete Table 1 and give details below of any bilateral solution found pursuant to Article 11(3):
Comment:
......
Have you received any requests from Member States to apply this exception? YesNo X
(please tick as appropriate)
If so, please complete Table 1 and give details below of any bilateral solution found pursuant to Article 11(3):
Comment: Imports of waste destined for disposal are received from Member States that do not have the processing capacity themselves. When processing notifications, we always ascertain whether the processing of Belgian waste will be jeopardised. If there is insufficient processing capacity in Belgium, objections are made to the planned shipment.
......
Article11(1)(g) / Information on objections to planned shipments or disposal as not in accordance with Directive 2006/12/EC
Has this provision been applied? YesNo X
(please tick as appropriate)
If so, please complete Table 2.
Article 12(5) / Information on objections to planned shipments or recovery on the basis of their not being in accordance with Article12(1)(c)
Has this provision been applied? YesNo X
(please tick as appropriate)
If so, please complete Table 3.
Article 14 / Information on decisions by competent authorities having jurisdiction over specific recovery facilities not to raise objections concerning shipments of certain types of waste to a specific recovery facility
Have there been any cases?Yes XNo
(please tick as appropriate)
If so, please complete Table 4.
Article 33 / Information on the Member States' system for the supervision and control of shipments of waste exclusively within their jurisdiction
Is there a system for the supervision and control of shipments of waste within the jurisdiction?
Yes XNo
(please tick as appropriate)
If there is such a system, do you apply the system provided for in Titles II and VII of the Regulation?
Yes XNo
(please tick as appropriate)
If you apply a different system from that provided for in Titles II and VII of the Regulation, please give details of the system applied:
Articles 24 and 50(1) /
Information on illegal shipments of waste
Has there been any case?Yes XNo(please tick as appropriate)
If so, please complete Table 5.
Please provide information on how illegal shipments of waste are prevented, detected and penalised under national legislation:
Flemish Region:
Decree on the sustainable management of material cycles and waste
The Flemish Government may prohibit or issue regulations governing the import and export of waste.
It may take any measures concerning imports and exports of waste that are necessary to implement Regulation (EC) No1013/2006 of the European Parliament and of the Council of 14June2006 on shipments of waste and the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, signed in Basel on 22March1989. For this purpose, it may, among other things:
1 / make all imports or exports of waste falling within the scope of Regulation (EC) No1013/2006 subject to the provision of a bank guarantee, deposit or equivalent financial security to cover the costs of transport and disposal or recovery, as provided for in Article6 of Regulation (EC) No1013/2006;
2 / for imports or exports of waste, charge the notifier a fee to cover the administrative costs of implementing the notification and monitoring procedure and require payment of the usual costs of appropriate analyses and inspections, as provided for in Article29 of Regulation (EC) No1013/2006.
Transboundary shipments of waste in contravention of the provisions of the Regulation referred to in paragraph 2 or provisions laid down pursuant to paragraph 1 or 2 are prohibited.
By way of derogation from the Regulation referred to in paragraph 2, the Public Waste Agency of Flanders (OVAM) may limit the import of waste intended for waste incineration plants designated for waste recovery if such imports would result in waste generated in the Flemish Region having to be disposed of or waste having to be processed in a manner which does not comply with the implementation plans referred to in Article 18.
Decree of 5April1995 containing general provisions on environmental policy
In general, and in particular (as regards penalties):
Article 16(6)(3)
1. Whosoever intentionally dumps, manages or transfers waste in violation of the legal requirements or in violation of a licence shall be liable to a prison sentence of between one month and five years and/or a fine of between EUR100 and EUR500000.
Whosoever, through negligence or carelessness, dumps, manages or transfers waste in violation of the legal requirements or in violation of a licence shall be liable to a prison sentence of between one month and three years and/or a fine of between EUR100 and EUR350000.
Walloon Region:
Decree of 27June1996 on waste (mainly Article 23)
19July2007 - Decree of the Walloon Government on the shipment of waste (M.B. 27.07.2007)Decree of 27May2004 on Book 1 of the Environmental Code
and in particular the Decree on investigating, detecting, prosecuting and sanctioning offences and on environmental remedial measures
5December2008 - Decree of the Walloon Government inserting a part VIII in the regulatory part of Book 1 of the Environmental Code (M.B. 27.01.2009)
In particular the following provisions:
NB: this list is not exhaustive
General
Decree of 27June1996 on waste
CHAPITER IV - Waste shipmentsArticle 23 1. Shipments of waste within, into or out of the Walloon Region are carried out in such a manner as to reduce as far as possible any risks to the environment or human health and to permit recovery and disposal of waste in accordance with the provisions of this decree and of the legislation of the states and regions involved.
2. To this end the Government may in particular:
1.require shipments to be declared or authorised;
2.prohibit generally or partially or raise objections to shipments of waste, in particular if they do not comply with the plans referred to in Chapter V;
3.require that special signs be attached to vehicles transporting waste;
4.make the shipment of waste subject to the provision of a financial guarantee intended to cover the costs of transport, recovery and disposal, in particular if the shipment proves impossible or the waste is returned to the dispatcher;
5.charge producers or holders of waste a fee to cover the administrative costs of implementing the notification and monitoring procedure and the usual costs of analyses and inspections;
6.in general terms, take all measures necessary to implement Council Regulation (EEC) No259/93 of 1February1993 on the supervision and control of shipments of waste within, into and out of the European Community [and of Regulation (EC) No1013/2006 of the European Parliament and of the Council of 14June2006 on shipments of waste] and of the Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, signed in Basel on 22March1989 and approved by the Act of 6August1993.
[Decree 22.03.2007]
Plus the implementing decree in its entirety.
Penalties and penal provisions
Decree of 27June1996 on waste
Whosoever contravenes Articles 3(1) and (2), 6, 7(1), (2) and (5), 8, 10, 14, 19(3) and 23 of this Decree or the provisions for its implementation is guilty of an offence of the second category within the meaning of part VIII of the decree section of Book 1 of the Environmental Code.Decree of 27May2004 on Book 1 of the Environmental Code
Article D151(1)Offences of the second category are punishable by imprisonment of between eight days and three years and/or a fine of no less than EUR100 and no more than EUR1000000.
Investigations
Decree of 27May2004 on Book 1 of the Environmental Code[CHAPTER II. - Investigations][Decree 05.06.2008]
[Article D144. The Government may adopt measures concerning the inspection of all or certain categories of installations and activities covered by the legislation referred to in Article D138.]
[Decree 05.06.2008]
[Article D145. In the exercise of their duties and without prejudice to their inspection responsibilities laid down elsewhere, officers may enter, at any time, installations, premises, sites and other places, except those which constitute a private home within the meaning of Article 15 of the Constitution.
In the case of private homes within the meaning of Article 15 of the Constitution, officers may enter with the prior authorisation of an examining magistrate.]
[Decree 05.06.2008]
Article D146. In order to carry out their mission, officers may:
1 carry out any examination, inspection or research and collect any information necessary to ensure that the provisions referred to in Article D138, paragraph 1, are respected, in particular:
a. question any person on any issue of use for monitoring purposes;
b. have access on the spot to or examine any document of any kind which may help them carry out their mission, by taking a photographic or other copy thereof or removing it against issue of a receipt;
c. check the identity of any offender;
2 take samples in accordance with the procedures laid down by the Government;
3 have analyses carried out in accordance with the rules laid down under Article D147. If a sample is taken for analysis, the offender must immediately be informed that he may have a counter-analysis carried out, at his own cost. If the analysis report reveals that an offence has been committed, an official report is drawn up in accordance with Article D141;
4 stop vehicles used for transport and check their loads;
5 take any measure necessary to preserve evidence and, in particular, for a period not exceeding seventy-two hours:
a. prohibit the movement of objects or seal establishments or installations likely to have been used for the commission of an offence;
b. stop, immobilise or seal means of transport and other items likely to have been used for the commission of an offence;
6 in the presence of the party concerned or the latter having been duly invited, test or have tested by accredited persons, laboratories or public and private bodies machines and appliances likely to contravene the provisions referred to in Article D138(1);
7 be accompanied by technical experts;
8 institute administrative policy measures allowing them to withdraw from circulation objects which may constitute a source of environmental damage;
9 without prejudice to Article D145 accompany those objects to the premises to which they were intended to be transported and place them under sequestration.
Brussels Capital Region:
The penalties that apply in the Brussels Capital Region are based on the following regional provisions:
Order of 7March1991 on the prevention and management of waste:
Article 8: Under this Article, it is prohibited to dump waste in any public or private place other than the sites provided for this purpose by the competent administrative authority or in violation of the regulatory provisions relating to the disposal of waste.
Article 10: Under this Article, every producer or holder of waste must dispose of it or have it disposed of in an environmentally friendly manner in accordance with this Order in order to limit the negative consequences for the soil, flora and fauna, air and water and without harming the environment or putting human health at risk.
Article 13(4): Under this Article, the Executive may introduce a notification, registration, recognition or licensing requirement for persons it designates who – for whatever reason – produce, collect, transport, dispose of, buy, sell or hold waste.
Article 18: Under this Article, the Executive adopts the necessary measures with a view to implementing the European Directives on waste and toxic and hazardous waste and with a view to meeting the obligations arising from the entry into force in national law of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal.
Article 20: Under this Article, information must be made available to the Institute at the Institute’s request where the individual details in question are indispensable.
Articles 22 to 29: These Articles state the criminal penalties for the specified infringements of the Waste Order.
Decree of 7July1994 of the Brussels Capital Regional Government on international imports and exports of waste:
Article 7: This Article establishes infringements pursuant to Article 18 of the above-mentioned Order.
If the Public Prosecutor’s Office does not prosecute, the following administrative fines may be imposed in accordance with the Order of 25March1999 on the investigation, identification, prosecution and punishment of environmental offences:
Article 32(7): Under this Article, whosoever commits an offence within the meaning of Article 8 of the above-mentioned Order on waste with regard to non-hazardous waste is liable to an administrative fine of between EUR62.50 and EUR625.
Article 33(4): Under this Article, whosoever commits an offence within the meaning of:
Article 8 of the above-mentioned Order on waste with regard to hazardous waste,
Article 13(4) of the Order on waste, or
Article 20 of the Order on waste, is liable to an administrative fine of between EUR625 and EUR62500.
Article 50(2) / Information on spot checks on shipments of waste or on the related recovery or disposal
Number of checks on shipments of waste or on the related recovery or disposal:
Customs:
-871 road checks by road patrols (the findings are not reported in detail because the data should be in the files of the relevant environmental inspection services).
-886 checks resulting from a selection of reports on the basis of the 'waste' risk (any offences are included in the data of the relevant environmental inspection services).
Police, FLI, URP:
Cooperation between these three police services resulted in 1710 checks. 52 offences were found.
(FLI = FederaleLeefmilieuInspectie [Federal Environmental Inspectorate], URP = l’Unité de Répression des Pollutions [Pollution Suppression Unit])
Flemish Region:
136 container consignments inspected at ports and on roads, 172 road transport consignments inspected in cooperation with the police (also included in the figures above), 186 company inspections as part of whole-chain monitoring, 157 company inspections involving waste processing businesses and 23 company inspections involving sludge processing businesses.
In total, 64 illegal shipments were found as part of the WSR. See also Table 5.
Brussels Capital Region:
Under Article 50, 112 checks were conducted at the place of dispatch or on the premises of the producer, holder or notifier:
- 77 companies were inspected as part of whole-chain monitoring (waste traceability, waste records).
- 35 companies were inspected in connection with waste processing (waste sorters and processors).
Walloon Region:
1) 47 road checks (480 vehicles checked) - 130 official reports drawn up but for traffic offences (Walloon domestic legislation).
No official reports in connection with 1013-2006.
2) Waste shipments (1013-2006) are also checked as part of regular inspections of Walloon companies.
Article 6 / Information on financial guarantees or equivalent insurance covering costs for shipment of waste covered by this Regulation, including cases referred to in Articles 22 and 24, and for disposal and recovery.
Please provide details on the provisions of national law adopted pursuant to this Article:
Walloon Region:
Decree of the Walloon Government of 19July2007 on the shipment of waste.
Flemish Region:
In accordance with Article 6(2)(5) of the Decree of the Flemish Government setting out rules on the sustainable management of material cycles and waste
Brussels Capital Region:
The bank guarantee is calculated in the same way as in the Flemish Region.
Article 55 / Information on any customs offices designated by Member States for shipments of waste entering and leaving the Community
Has there been any designation?YesNo X
(please tick as appropriate)
If so, please complete Table 6.
Notes for completion of the Tables:
The D-codes and R-codes are those referred to in Annexes II A and II B to Directive 2006/12/EC. The waste identification codes are those listed in Annexes III, III A, III B, IV and IV A to the Regulation.
Table 1
INFORMATION ON EXCEPTIONS TO THE IMPLEMENTATION OF THE PRINCIPLES OF PROXIMITY, PRIORITY FOR RECOVERY AND SELF-SUFFICIENCY (Article 11(3))
Waste identification(code) / Quantity
(kg/litre) / Country of destination (De)/
Country of dispatch (Di) / Disposal operation
D-code / Referral of the matter to the Commission (Yes/No)
Table 2
OBJECTIONS TO PLANNED SHIPMENTS OR DISPOSAL (Article 11(1)(g))
Flanders
Waste identification(code) / Quantity
(kg/litre) / Country of transit (T)/
Country of dispatch (Di) / Reasons for the objection
(please tick as appropriate) / Facility
Article 11(1)(g)(i) / Article 11(1)(g)(ii) / Article 11(1)(g)(iii) / Name
(for Article 11(1)(g)(ii)) / Disposal operation
D-code
191212 / 15000000 / BE (Di) / X / X / (requested as R01)
191212 / 15000000 / BE (Di) / X / X / (requested as R01)
191212 / 15000000 / BE (Di) / X / X / (requested as R01)
191212 / 15000000 / BE (Di) / X / X / (requested as R01)
191210 / 7500000 / BE (Di) / X / (requested as R01)
191212 / 4000000 / BE (Di) / NL (T) / X / X / (requested as R01)
191210 / 35000000 / BE (Di) / NL (T) / X / (requested as R01)
191212 / 10000000 / BE (Di) / X / (requested as R01)
191212 / 5000000 / BE (Di) / X / (requested as R12)
191212 / 20000000 / BE (Di) / NL (T) / X / X / (requested as R12)
Wallonia