Guidelines to the National TFS Office concerning exports of Green listed waste to Non-OECD countries (FAQs)
1- Why are there different rules for different countries for waste exports?
From 12 July, 2007, Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste became directly applicable for EU Member States, replacing Regulation EC/259/93 (the old WSR). The new WSR contains rules on the shipment of waste, whereby a distinction is made between exports to -
a)another EU Member State,
b)an EFTA country,
c)an OECD country or
d)a non-OECD country.
Green listed waste for recovery –such as paper, scrap-can be exported to EU Member States, EFTA countries and OECD countries without prior notification.
Under the WSR, non-OECD countries must state in advance ( in answer to a European Commission written request sent to each of them) of the coming into operation of the new WSR whether and, if so, under what procedure, they wish to receive green-list waste from the EU for recovery.
A country can state that it does not wish to import green-list waste -a prohibition-, that it is prepared to accept them without any controls , or that it will permit exports only with a pre notification and consent.
If countries do not respond to the Commission's request for a procedure to be chosen, prior notification must be obtained in every case for the country in question (Article 37(2) of the WSR). If a notification has to be made, a non-OECD country has 60 days to decide. During this period, no export to that country is possible from the EU.
2-What are wastes and green listed wastes ?
The definition of waste is set out in the Waste Management Acts 1996-2007 at section 4
“any substance or object belonging to a category of waste specified in the First Schedule of the Act or for the time being included in the European Waste Catalogue which the holder discards or intends or is required to discard, and anything which is discarded or otherwise dealt with as if it were waste will be presumed to be waste under this definition until the contrary is proved-so it is up to the exporter to prove that the material is not waste in case of doubt.
Green listed wastes are listed in Annex III of the WSR.
3-Who are the OECD countries ?
Australia, Austria, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Korea, Luxembourg, Mexico, Netherlands, New Zealand, Norway, Poland, Portugal, Slovak Republic, Spain, Sweden, Switzerland, Turkey ,United Kingdom and United States.
4- I am exporting green listed waste to a non-OECD country –what do I need to do and do I need any special documentation to accompany the waste?
Check what control procedures will apply in the country of destination-as described above. Until 1 November 2007 the procedures set out above under the heading “ Transitional Arrangements” apply.
Note , however, that other Member States to and through which the waste may be shipped on route to its destination may take a different approach to Ireland.
Before exporting any waste it is advisable to check with the competent authorities in those countries to and through which the waste will travel.
As regards the documentation to accompany the waste the document contained in Annex VII of the WSR must accompany the shipment.
Blocks 6 and 7 of this form should be completed with the name and address of the waste generator or the plant where the waste is to be received together with the details of a contact person ( A plant responsible for storing the waste intended for recovery (an R13 organisation) also comes under this definition).
The Annex VII form must be duly completed by-
- the person who arranges the shipment before the shipment takes place, and then by
- the recovery facility and the consignee when the waste is received-see article 18 of the WSR .
The completed Annex VII form must accompany each consignment of waste throughout its journey.
A movement of one or more lorries or containers can be considered as a single consignment providing that the lorries or containers start from the same location on the same day and follow the same route to the same recovery facility. All loads in a single consignment must comprise a single type of waste and be the subject of a single contract for recovery.
Exporters should be aware that other competent authorities in countries to and through which the waste travels on route to its destination may take a different approach and may consider each individual container should be accompanied by a completed Annex VII form.
The form must accompany the waste shipment and should be available for inspection during its journey.
The person who arranges the shipment must keep a copy of the completed Annex VII form for three years. Carriers, freight forwarders, transport logistic companies, shipping agents or shipping lines do not have to keep copies.
The consignee is not required to send a signed copy of the form back to the exporter.
5-Useful web links
Note according as information comes to hand-replies from other countries-these will be kept up to date on the European Commission, and National TFS Department web sites. Also the UK Environment has a helpful updated table on changes .
National TFS Office
European Commission-DG Trade
UK Environment Agency
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