Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024 on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 (Text with EEA relevance)
TITLE I GENERAL PROVISIONS
Article 1
Subject matter
This Regulation lays down measures to protect the environment and human health and to contribute to climate neutrality and to achieving a circular economy and zero pollution by preventing or reducing the adverse impacts which can result from shipments of waste and from the treatment of the waste at its destination. It establishes procedures and control regimes for shipments of waste, depending on the origin, destination and route of the shipment, the type of waste and the type of treatment to be applied to the waste at its destination.
Article 2
Scope
This Regulation applies to:
- (a) shipments of waste between Member States, with or without transit through third countries;
- (b) shipments of waste imported into the Union from third countries;
- (c) shipments of waste exported from the Union to third countries;
- (d) shipments of waste in transit through the Union on the way to or from third countries.
This Regulation does not apply to:
- (a) waste, including waste water and residues, generated by the normal operation of ships and offshore platforms until that waste is offloaded for the purposes of recovery or disposal, provided that the waste is subject to the requirements of Directive (EU) 2019/883 of the European Parliament and of the Council ([^E0001]), the International Convention for the Prevention of Pollution from Ships, the International Convention for the Control and Management of Ships’ Ballast Water and Sediments or other relevant binding international instruments;
- (b) waste generated on board vehicles, trains, aeroplanes and ships, until that waste is offloaded for the purposes of recovery or disposal;
- (c) shipments of radioactive waste as defined in Article 5 of Council Directive 2006/117/Euratom ([^E0002]);
- (d) shipments of animal by-products and derived products as defined in Article 3, points (1) and (2), of Regulation (EC) No 1069/2009, respectively, except animal by-products or derived products mixed or contaminated with any waste listed as hazardous in the list of waste referred to in Article 7 of Directive 2008/98/EC;
- (e) shipments of waste waters which are covered by Council Directive 91/271/EEC ([^E0003]) or other relevant Union legislation;
- (f) shipments of substances that are destined for use as feed materials as defined in Article 3(2)point, of Regulation (EC) No 767/2009 of the European Parliament and of the Council ([^E0004]) and that do not consist of or contain animal by-products;
- (g) shipments of waste from the Antarctic into the Union in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty ([^E0005]);
- (h) shipments of carbon dioxide for the purposes of geological storage in accordance with Directive 2009/31/EC of the European Parliament and of the Council ([^E0006]);
- (i) ships flying the flag of a Member State falling within the scope of Regulation (EU) No 1257/2013, with the exception of ships:
- (i) which are considered as hazardous waste, that are located in an area under the national jurisdiction of a Member State and that are exported from the Union for recovery, to which only Articles 39, 48, 49 and Title VII of this Regulation shall apply; or
- (ii) which are considered as waste, that are located in an area under the national jurisdiction of a Member State and that are destined for disposal.
For imports of waste generated by armed forces or relief organisations during situations of crisis, or during peacemaking 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, only Article 51(6) and (7) and Article 53(5) shall apply.
For shipments of waste from the Antarctic to third countries which transit through the Union, Articles 39 and 59 shall apply.
For transport of waste exclusively within a Member State, only Article 36 shall apply.
Article 3
Definitions
For the purposes of this Regulation, the following definitions apply:
- (1) ‘mixture of wastes’ means waste that results from an intentional or unintentional mixing of two or more different wastes which are:
- (a) listed in different entries in Annexes III, IIIA, IIIB and IV, or, where applicable, in different indents or sub-indents of such entries; or
- (b) not classified under one single entry in Annex III, IIIA, IIIB or IV; Waste shipped in a single shipment of wastes, consisting of two or more wastes, where each waste is separated, is not a mixture of wastes;
- (2) ‘interim disposal’ means any disposal operations listed under D8, D9, D13, D14 or D15 in Annex I to Directive 2008/98/EC;
- (3) ‘interim recovery’ means any recovery operations listed under R12 or R13 in Annex II to Directive 2008/98/EC;
- (4) ‘environmentally sound management’ means taking all practicable steps to ensure that waste is managed in a manner that will protect human health, the climate and the environment against adverse effects which can result from such waste;
- (5) ‘consignee’ means any natural or legal person under the national jurisdiction of the country of destination to whom or to which the waste is shipped for recovery or disposal;
- (6) ‘notifier’ means:
- (a) in the case of a shipment originating from a Member State, any of the following natural or legal persons under the national jurisdiction of that Member State, who carries out or plans to carry out a shipment of waste as referred to in Article 4(1), (2) or (3), or who has or plans to have such a shipment carried out, to whom the duty to notify is assigned:
- (i) the original waste producer;
- (ii) the new waste producer who carries out operations prior to shipment resulting in a change in the nature or composition of the waste;
- (iii) a collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single notified location;
- (iv) a dealer or a broker acting on behalf of any of the persons referred to in point (i), (ii) or (iii); or
- (v) where all of the persons referred to in points (i) to (iv) are unknown or insolvent, the waste holder;
- (b) in the case of an import into or transit through the Union of waste that does not originate in a Member State, any of the following natural or legal persons under the national jurisdiction of the country of dispatch who carries out or plans to carry out a shipment or who has or plans to have a shipment carried out:
- (i) the person designated by the law of the country of dispatch;
- (ii) in the absence of a person designated by the law of the country of dispatch, the waste holder at the time the export took place;
- (7) ‘person who arranges the shipment’ means any of the following natural or legal persons under the national jurisdiction of the country of dispatch, who carries out or plans to carry out a shipment as referred to in Article 4(4) or (5), or who has or plans to have such a shipment carried out:
- (i) the original waste producer;
- (ii) the new waste producer who carries out operations prior to shipment resulting in a change in the nature or composition of the waste;
- (iii) a collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single location;
- (iv) a dealer or a broker acting on behalf of any of the persons referred to in points (i), (ii) or (iii); or
- (v) where all of the persons referred to in points (i) to (iv) are unknown or insolvent, the waste holder;
- (8) ‘collector’ means any natural or legal person carrying out waste collection as defined in Article 3, point (10), of Directive 2008/98/EC;
- (9) ‘competent authority’ means:
- (a) in the case of a Member State, the body designated by the Member State concerned pursuant to Article 75;
- (b) in the case of a third country that is a Party to the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal (‘the Basel Convention’), the body designated by that country as the competent authority for the purposes of the Basel Convention in accordance with Article 5 thereof;
- (c) in the case of any country not referred to in either point (a) or point (b), the body that has been designated as the competent authority by the country or region concerned or, in the absence of such designation, the regulatory authority for the country or region, as appropriate, which has jurisdiction over a shipment;
- (10) ‘competent authority of dispatch’ means the competent authority for the area from which the shipment is initiated or from which it is planned that the shipment will be initiated;
- (11) ‘competent authority of destination’ means the competent authority for the area to which the shipment is carried out or is planned to be carried out or in which waste is loaded prior to recovery or disposal in an area not under the national jurisdiction of any country;
- (12) ‘competent authority of transit’ means the competent authority for any country, other than the country of the competent authority of dispatch and the competent authority of destination, through which the shipment is carried out or is planned to be carried out;
- (13) ‘country of dispatch’ means any country from which a shipment is initiated or is planned to be initiated;
- (14) ‘country of destination’ means any country to which a shipment is carried out or is planned to be carried out for recovery or disposal therein, or for the purpose of loading prior to recovery or disposal in an area not under the national jurisdiction of any country;
- (15) ‘country of transit’ means any country, other than the country of dispatch or destination, through which a shipment is carried out or is planned to be carried out;
- (16) ‘area under the national jurisdiction of a country’ means any land or marine area within which a state exercises administrative and regulatory responsibility in accordance with international law as regards the protection of human health or the environment;
- (17) ‘overseas countries and territories’ means the overseas countries and territories listed in Annex II to the TFEU;
- (18) ‘customs office of export’ means a customs office of export as defined in Article 1, point (16), of Commission Delegated Regulation (EU) 2015/2446 ([^E0007]);
- (19) ‘customs office of exit’ means a customs office of exit as determined in accordance with Article 329 of Commission Implementing Regulation (EU) 2015/2447 ([^E0008]);
- (20) ‘customs office of entry’ means the customs office of first entry as defined in Article 1, point (15), of Delegated Regulation (EU) 2015/2446;
- (21) ‘import’ means any entry of waste into the Union but excludes transit through the Union;
- (22) ‘export’ means any exit of waste from the Union but excludes transit through the Union;
- (23) ‘transit’ means a shipment through one or more countries other than the country of dispatch or destination;
- (24) ‘transport of waste’ means the carriage of waste by road, rail, air, sea or inland waterways;
- (25) ‘shipment’ means a transport of waste destined for recovery or disposal from the location from which the transport starts until the receipt of the waste by the facility that carries out the disposal or recovery in the country of destination and which is carried out or planned to be carried out:
- (a) between a country and another country;
- (b) between a country and an overseas country or territory or other area under that country’s protection;
- (c) between a country and any geographic area which is not part of any country under international law;
- (d) between a country and the Antarctic;
- (e) from one country through any of the areas referred to in points (a) to (d);
- (f) within a country through any of the areas referred to in points (a) to (d) and which originates in and ends in that same country; or
- (g) from a geographic area not under the national jurisdiction of any country, to a country;
- (26) ‘illegal shipment’ means any shipment carried out:
- (a) without notification to the competent authorities concerned pursuant to this Regulation;
- (b) without the consent of the competent authorities concerned pursuant to this Regulation;
- (c) with consent obtained from the competent authorities concerned pursuant to this Regulation through falsification, misrepresentation or fraud;
- (d) in a way which is not in accordance with the information contained in the notification document or contained in or to be provided in the movement document, except in case of minor clerical errors in the notification or the movement document;
- (e) in a way which results in recovery or disposal in contravention of Union or international law;
- (f) contrary to Article 4(1), Article 4(3), or Article 37, 39, 40, 45, 46, 48, 49, 50 or 52;
- (g) in a way which, in relation to shipments of waste as referred to in Article 4(4) and (5), is not in accordance with the requirements referred to in Article 18, paragraphs 2, 4, 6 and 10, or with the information contained or to be provided in the Annex VII document, except in case of minor clerical errors in the Annex VII document;
- (27) ‘inspection’ means any action undertaken by an authority to check compliance with the requirements set out in this Regulation;
- (28) ‘waste hierarchy’ means the waste hierarchy referred to in Article 4 of Directive 2008/98/EC;
- (29) ‘routing’ means the point of exit from and the point of entry into each country concerned, including customs offices of entry, exit and export;
- (30) ‘route’ means the itinerary between the location where the shipment starts in the country of dispatch, via the point of exit from and the point of entry into each country concerned, to the treatment facility in the country of destination.
In addition, the definitions of ‘waste’, ‘hazardous waste’, ‘waste producer’, ‘waste holder’, ‘dealer’, ‘broker’, ‘waste management’, ‘re-use’, ‘treatment’, ‘recovery’, ‘preparing for re-use’, ‘recycling’ and ‘disposal’, laid down in Article 3, points (1), (2), (5) to (9), (13) to (15), (16), (17) and (19) of Directive 2008/98/EC, respectively, shall apply.
TITLE II SHIPMENTS WITHIN THE UNION WITH OR WITHOUT TRANSIT THROUGH THIRD COUNTRIES
Article 4
Overall procedural framework
Shipments of all wastes destined for disposal shall be prohibited, except if consent is obtained in accordance with Article 11. In order to obtain consent in accordance with Article 11 for a shipment destined for disposal, the procedure of prior written notification and consent, laid down in Chapter 1, shall apply.
Shipments of the following wastes destined for recovery shall be subject to the procedure of prior written notification and consent, laid down in Chapter 1:
- (a) wastes listed in Annex IV;
- (b) wastes not classified under one single entry in either Annex III, Annex IIIB or Annex IV;
- (c) mixtures of wastes, unless listed in Annex IIIA;
- (d) waste classified as hazardous in the list of waste established pursuant to Article 7 of Directive 2008/98/EC;
- (e) wastes listed in Annex III or Annex IIIB and mixtures of wastes listed in Annex IIIA contaminated by other materials to an extent which:
- (i) increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the list of waste referred to in Article 7 of Directive 2008/98/EC as well as the hazardous properties listed in Annex III to that Directive; or
- (ii) prevents the recovery of the wastes in an environmentally sound manner;
- (f) wastes or mixtures of wastes containing or contaminated with persistent organic pollutants (POPs) within the meaning of Regulation (EU) 2019/1021 in quantities meeting or exceeding a concentration limit indicated in Annex IV to that Regulation, which are not classified as hazardous waste.
Paragraph 2 shall apply to shipments of mixed municipal waste collected from private households, from other waste producers or from both, as well as to mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties, including refuse-derived fuels processed from mixed municipal waste, where such waste is destined for recovery operations. Shipments of such waste destined for disposal shall be prohibited.
Shipments of the following wastes destined for recovery shall be subject to the general information requirements laid down in Article 18, if the quantity of waste shipped exceeds 20 kg:
- (a) wastes listed in Annex III or Annex IIIB;
- (b) mixtures of wastes, provided that the composition of the mixtures does not impair their environmentally sound recovery and provided that such mixtures are listed in Annex IIIA.
By way of derogation from Article 4(1) and (2), shipments of waste explicitly destined for laboratory analysis or experimental treatment trials to assess either the physical or chemical characteristics of the waste or to determine its suitability for recovery or disposal shall be subject to the general information requirements laid down in Article 18 where all of the following conditions are fulfilled:
- (a) the quantity of waste does not exceed the quantity reasonably needed to perform the analysis or trial in each particular case, but not more than 250 kg or any larger quantity agreed on a case-by-case basis by the competent authorities of dispatch and destination and the person who arranges the shipment;
- (b) in the event a quantity higher than 250 kg is requested by the person who arranges the shipment, that person shall provide the information contained in Annex VII, to the extent possible, to the competent authorities of dispatch and destination together with the reasoned explanation why such a larger quantity is needed to perform the analysis or trial.
CHAPTER 1 Prior written notification and consent
Article 5
Notification
Where a notifier intends to ship waste referred to in Article 4(1), (2) or (3), the notifier shall submit a prior written notification (‘notification’) to all competent authorities concerned.
A notifier referred to in Article 3, point (6)(a)(ii), (iii) or (iv), may only submit a notification where the notifier has obtained a permit or is registered in accordance with Chapter IV of Directive 2008/98/EC.
Where a notifier submits a general notification for several shipments as referred to in Article 13, the notifier shall also comply with the requirements laid down in that Article.
Where a shipment is destined for a pre-consented facility pursuant to Article 14, the procedural requirements in paragraphs 12, 14, 15 and 16 of that Article shall apply.
Where a shipment is destined for interim recovery or interim disposal, Article 15 shall also apply.
The notification shall include the following documents:
- (a) the notification document set out in Annex IA (‘the notification document’);
- (b) the movement document set out in Annex IB (‘the movement document’).
The notifier shall provide the information indicated in the notification document and, where relevant, the information indicated in the movement document.
When the notifier is not the original waste producer as referred to in Article 3, point (6)(a)(i), the notifier shall ensure that the original waste producer or one of the persons indicated in Article 3, point (6)(a)(ii), (iii) or (v), where practicable, also signs the notification document. A dealer or broker shall ensure they have a written authorisation from one of the persons referred to in Article 3, point (6)(a)(i), (ii) or (iii), to act on their behalf, and that such written authorisation is included in the notification.
The notification document or annex thereto shall contain the information and documentation listed in Part 1 of Annex II. The movement document or annex thereto shall contain the information and documentation referred to in Part 2 of Annex II, to the extent possible at the time of notification.
Where requested by any of the competent authorities concerned, the notifier shall provide the information and documentation required under paragraph 3 and the additional information and documentation set out in Part 3 of Annex II to all competent authorities concerned. The competent authority which made the request shall inform the other competent authorities concerned of that request.
A notification shall be considered properly carried out once the competent authority of dispatch is satisfied that the notification document and movement document have been completed in accordance with paragraphs 3 and 4.
A notification shall be considered properly completed once all the competent authorities concerned are satisfied that the notification document and movement document have been completed in accordance with paragraphs 3 and 4 or once all information and documentation requested by them in accordance with paragraph 4 have been received.
The notifier shall provide a copy of the contract concluded in accordance with Article 6 and a declaration certifying its existence in accordance with Annex IA to the competent authorities concerned at the time of notification.
The notifier shall provide a declaration that a financial guarantee or equivalent insurance has been established in accordance with Article 7 by completing the appropriate part of the notification document.
The financial guarantee or equivalent insurance as referred to in Article 7 or, if the competent authorities concerned so allow, a declaration certifying its existence in accordance with the form set out in Annex IA shall be provided to the competent authorities concerned as part of the notification document at the time of notification.
By way of derogation from the second subparagraph, the documentation referred to in that subparagraph may, where the competent authorities concerned so allow, be provided after the notification is submitted, at the latest at the time of completion of the movement document in accordance with Article 16(2).
The notification shall cover the shipment from the location from which the shipment starts and cover any interim or non-interim recovery or interim or non-interim disposal.
Where subsequent interim or non-interim recovery or subsequent interim or non-interim disposal is carried out in a country other than the first country of destination, the non-interim recovery or non-interim disposal and the location of that recovery or disposal shall be indicated in the notification and Article 15(7) applies.
Only one waste identification code as mentioned in Annex III, Annex IIIA, Annex IIIB or Annex IV shall be specified in the notification document and the movement document. In cases where wastes are not classified under one single entry in either Annex III, Annex IIIB or Annex IV, only one waste identification code from the list of waste referred to in Article 7 of Directive 2008/98/EC shall be specified in the notification document and the movement document, except for:
- (a) wastes not classified under one single entry in either Annex III, Annex IIIB or Annex IV which can be specified using more than one waste identification code from the list of waste referred to in Article 7 of Directive 2008/98/EC, where all waste covered by the notification has essentially similar physical and chemical characteristics, but is not a mixture of wastes; or
- (b) mixtures of wastes not classified under one single entry in either Annex III, Annex IIIA, Annex IIIB or Annex IV, for which the waste identification code from the list of waste referred to in Article 7 of Directive 2008/98/EC and the waste identification code from either Annex III, IIIB or IV for each fraction of the waste shall be specified in order of importance in the notification document and the movement document, or where those identification codes are not available for all fractions, the waste identification code from the list of waste referred to in Article 7 of Directive 2008/98/EC for the mixture as well as for each fraction of the waste shall be specified in order of importance in the notification document and the movement document.
Wastes or mixtures of wastes specified in accordance with paragraph 10of this Article may be further specified by providing the relevant waste identification codes from the list of waste referred to in Article 7 of Directive 2008/98/EC and other relevant identification codes.
Article 6
Contract
Shipments of waste for which a notification is required shall be subject to the requirement of the conclusion of a contract between the notifier and the consignee for the recovery or disposal of the waste. If the consignee is not the operator of the facility for the recovery or disposal of the notified waste, the contract shall also be signed by the operator of the facility.
The contract referred to in paragraph 1 shall be concluded and effective at the time of notification and shall remain effective for the duration of the shipment until a certificate is issued in accordance with Article 15(5), Article 16(6), or, where appropriate, Article 15(4).
The contract shall be consistent with the corresponding notification document and the movement document and at least contain information on the notifier, the consignee and the facility, the identity of the persons representing each party, the notification number, the designation and composition of the waste, the waste identification codes, the quantity of waste covered by the contract, the recovery or disposal operation and the period of validity of the contract.
The contract shall include obligations:
- (a) on the notifier to take the waste back or, where applicable, ensure its recovery or disposal in an alternative way, in accordance with Article 22 and Article 25(2) or (3), if the shipment, or the recovery or disposal, has not been completed as intended or if the shipment is an illegal shipment;
- (b) on the consignee to recover or dispose of the waste in accordance with Article 25(8), if the shipment is an illegal shipment;
- (c) on the facility where the waste is recovered or disposed of, to provide, in accordance with Article 16(6), a certificate that the waste has been recovered or disposed of, in accordance with the consents given for that notification, the conditions attached to those consents and this Regulation.
Where the waste is destined for interim recovery or interim disposal, the contract shall include the following additional obligations:
- (a) on the facility to provide, in accordance with Article 15(4), and, where appropriate, Article 15(5), the certificate or certificates from the facility or facilities carrying out the non-interim recovery or non-interim disposal operation or operations, that all waste received in accordance with the consents given for that notification, the conditions attached to those consents and with this Regulation, has been recovered or disposed of, specifying, where possible, the quantity and type of waste covered by each certificate;
- (b) on the consignee to submit, where applicable, a notification to the initial competent authority of the initial country of dispatch in accordance with Article 15(8).
Where the waste is shipped between two establishments under the control of the same legal entity, the contract referred to in paragraph 1 may be replaced by a declaration by that legal entity. That declaration shall cover the obligations referred to in paragraph 3.
Article 7
Financial guarantee or equivalent insurance
Shipments for which a notification is required shall be subject to the requirement of a financial guarantee or equivalent insurance, covering all of the following:
- (a) costs of transport of waste;
- (b) costs of recovery or disposal, including any necessary interim operation;
- (c) costs of storage for 90 days.
The financial guarantee or equivalent insurance shall cover costs arising in the context of all the following cases:
- (a) where a shipment, or the recovery or disposal, cannot be completed as intended, as referred to in Article 22;
- (b) where a shipment, or the recovery or disposal, is illegal, as referred to in Article 25.
The financial guarantee or equivalent insurance shall be established by the notifier or by another natural or legal person on behalf of the notifier and shall be effective at the time of notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, at the latest at the time of completion of the movement document in accordance with Article 16(2). The financial guarantee or equivalent insurance shall apply to the shipment at the latest from when the shipment starts.
The competent authority of dispatch shall approve the financial guarantee or equivalent insurance, including the form, wording and amount of the cover.
The financial guarantee or equivalent insurance shall be valid for and cover the shipment and completion of recovery or disposal.
The financial guarantee or equivalent insurance shall be released when the competent authority that has approved it has received the certificate referred to in Article 16(6) or, where appropriate, the certificate referred to in Article 15(5) as regards interim recovery or interim disposal.
By way of derogation from paragraph 5, where the waste is destined for interim recovery or interim disposal and subsequent recovery or subsequent disposal is carried out in the country of destination, the competent authorities of dispatch and destination may agree that the financial guarantee or equivalent insurance is to be released once the competent authority concerned has received the certificate referred to in Article 15(4). In that case, the competent authority which decides to release the financial guarantee or equivalent insurance shall immediately inform the other competent authorities concerned of its decision, and any subsequent shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In those circumstances, the competent authority of destination shall be responsible for obligations arising in the case of take-back where the shipment or the subsequent recovery or subsequent disposal cannot be completed as intended, as referred to in Article 22, or in the case of an illegal shipment, as referred to in Article 25.
The competent authority within the Union which has approved the financial guarantee or equivalent insurance shall have access to that guarantee or insurance and shall make use of the funding, including for the purpose of payments to other authorities concerned, in order to meet the obligations arising under Articles 24 and 26.
In the case of a general notification pursuant to Article 13, a financial guarantee or equivalent insurance covering parts of the general notification may be established, instead of one covering the entire general notification. In such cases, the financial guarantee or equivalent insurance shall apply to the parts of the notified shipment which it covers at the latest at the time of completion of the movement document in accordance with Article 16(2).
The financial guarantee or equivalent insurance referred to in paragraph 8 of this Article shall be released when the competent authority that approved it receives the certificate referred to in Article 16(6) or, where relevant, in Article 15(5), as regards interim recovery or interim disposal for the waste. Paragraph 6 of this Article shall apply mutatis mutandis.
The Commission shall assess the feasibility of establishing a simple, risk-based and harmonised calculation method for determining the amount of financial guarantees or equivalent insurances and, if appropriate, adopt an implementing act to establish such a simple, risk-based and harmonised calculation method. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 81(2).
In carrying out the assessment referred to in the first subparagraph the Commission shall take into account, inter alia, the relevant rules of the Member States relating to the calculation of the financial guarantee or equivalent insurance as referred to in this Article.
Article 8
Requests for information and documentation by the competent authorities concerned
If the notification is considered not to be properly carried out as referred to in Article 5(5), the competent authority of dispatch shall request information and documentation from the notifier in accordance with Article 5(3) and, where applicable, with Article 5(4).
The request for information and documentation referred to in paragraph 1 shall be submitted to the notifier as soon as possible, but no later than 10 working days after submission of the notification.
The notifier shall provide the information and documentation referred to in paragraph 1 as soon as possible, and no later than 10 working days after the request by the competent authority of dispatch. If requested by the notifier, the competent authority of dispatch may extend that deadline by a reasonable time if the notifier provides a reasoned explanation why such an extension is necessary to be able to provide the requested information and documentation.
Where, after the expiry of the deadline referred to in paragraph 3, the competent authority of dispatch still considers that the notification has not been properly carried out as referred to in Article 5(5), or additional information and documentation as referred to in Article 5(4) is still required, it may as soon as possible, and no later than seven working days after the expiry of the deadline referred to in paragraph 3, make up to two more requests for information and documentation from the notifier in accordance with paragraph 2. Paragraph 3 shall apply to any such request mutatis mutandis.
The competent authority of dispatch may decide that the notification is not valid and is not to be further processed, if the information and documentation provided is not sufficient or where no information has been provided by the notifier, within the deadline referred to in paragraph 3, or where a first request pursuant to paragraph 4 was made, within the deadline referred to in that paragraph.
The competent authority of dispatch shall decide that the notification is not valid and is not to be processed further, if the information and documentation provided upon the final request made in accordance with paragraph 4, is not sufficient or where no information has been provided by the notifier, within the deadline referred to in paragraph 4.
The competent authority of dispatch shall inform the notifier and the other competent authorities concerned of its decision pursuant to this paragraph as soon as possible, but no later than seven working days after the expiry of the deadline referred to in paragraph 3, or, where applicable, paragraph 4.
Where the competent authority of dispatch considers that the notification has been properly carried out as referred to in Article 5(5), it shall, as soon as possible, but no later than 10 working days after submission of the properly carried out notification, or within seven working days of the expiry of the deadline referred to in paragraph 3, or, where applicable, paragraph 4, inform the notifier and other competent authorities concerned thereof.
Where the competent authority of destination or any competent authority of transit considers that information and documentation in accordance with Article 5(3) or additional information and documentation as referred to in Article 5(4) is required, it shall, as soon as possible, but no later than 10 working days after receipt of the information as referred to in paragraph 6, request that information and documentation from the notifier and inform the other competent authorities of that request.
The notifier shall provide the information and documentation referred to in paragraph 7, as soon as possible, but no later than 10 working days after the request by the competent authority concerned.
If requested by the notifier, the competent authority concerned may extend the deadline referred to in the first subparagraph by a reasonable time, if the notifier provides a reasoned explanation why that such an extension is necessary to be able to provide the requested information and documentation.
Where the competent authority of destination or any competent authority of transit considers that information and documentation pursuant to Article 5(3) or additional information and documentation pursuant to in Article 5(4) is still required, the competent authority concerned may as soon as possible, but no later than seven working days after the expiry of the deadline referred to in paragraph 8, make up to two more requests for information and documentation from the notifier in accordance with paragraph 7. Paragraph 8 shall apply to any such request mutatis mutandis.
The competent authority of destination or any competent authority of transit may decide that the notification is not valid and is not to be further processed if the information and documentation provided is not sufficient or where no information has been provided by the notifier within the deadline referred to in paragraph 8 or, where a first request pursuant to paragraph 9 was made, within the deadline referred to in that paragraph.
The competent authority of destination or any competent authority of transit shall decide that the notification is not valid and is not processed further if the information and documentation provided upon the final request made in accordance with paragraph 8, is not sufficient or where no information has been provided by the notifier within the deadline referred to in paragraph 8.
The competent authority of destination or any competent authority of transit shall inform the notifier and the other competent authorities concerned of its decision pursuant to this paragraph, as soon as possible, but no later than seven working days after the expiry of the deadline referred to in paragraph 8, or, where applicable, paragraph 9.
The competent authority of destination or any competent authority of transit shall inform the notifier and the other competent authorities concerned that it is satisfied with the properly carried out notification as soon as possible, but no later than three working days after receipt of the information as referred to in paragraph 6 or that it is satisfied with the information and documentation as soon as possible, but no later than three working days after the requested information and documentation have been provided by the notifier pursuant to paragraph 8 and, where relevant, paragraph 9.
Where the notification has been properly completed, as referred to in Article 5(6), taking into account the information referred to in paragraph 11, the competent authority of destination shall immediately inform the notifier and the competent authority of dispatch and any competent authority of transit concerned.
Where, within 30 working days of the day after the submission of the notification or of the information and documentation having been provided in accordance with paragraph 3 or 4 the competent authority of dispatch has not acted in accordance with paragraph 1, 5 or6, it shall provide the notifier with a reasoned explanation upon request.
Where, within 30 working days of the expiry of the deadline referred to in paragraph 7, or of information and documentation having been provided in accordance with paragraph 8 or 9, the competent authority of destination or any competent authority of transit has not acted in accordance with paragraph 7 or paragraph 9, 10, 11 or 12, it shall provide the notifier with a reasoned explanation upon request.
Article 9
Consent by the competent authorities and time periods for shipment, recovery or disposal
The competent authorities of destination, dispatch and transit shall take, within 30 days of the date on which the notifier has been informed in accordance with Article 8(12) that the notification has been properly completed, one of the following decisions, which shall be duly reasoned, as regards the shipment:
- (a) to consent without conditions;
- (b) to consent with conditions in accordance with Article 10;
- (c) to raise an objection in accordance with Article 12;
- (d) not to consent, where the conditions referred to in Article 11 are not fulfilled.
By way of derogation from the first subparagraph, the competent authority of dispatch may take a decision in accordance with the first subparagraph, point (c) or (d), after having received the notification and before having considered it properly carried out, if it is evident that the conditions in Article 11 have not been fulfilled or that there are grounds for objection in accordance with Article 12.
By way of derogation from the first subparagraph, a competent authority concerned may take a decision in accordance with the first subparagraph, point (c) or (d), before the date on which the notifier has been informed in accordance with Article 8(12), once the notification has been properly carried out, as referred to in Article 5(5).
Tacit consent by the competent authorities of transit may be assumed if no objection is lodged within the 30-day time limit referred to in the first subparagraph.
The competent authorities of dispatch, destination, and, where appropriate, transit, shall inform the notifier of their decision and the reasons therefor within the 30-day time limit referred to in paragraph 1, first subparagraph, and inform the other competent authorities concerned of that decision. The competent authority shall immediately inform the notifier and the other competent authorities concerned of decisions taken in accordance with paragraph 1, second and third subparagraphs.
Tacit consents referred to in the paragraph 1, fourth subparagraph, shall be valid for the period indicated in the written consent given in accordance with the first subparagraph by the competent authority of destination.
Where, within 30 days of the date on which the notifier, the competent authority of dispatch or a competent authority of transit concerned has been informed in accordance with Article 8(12), any of the competent authorities concerned has not taken a decision in accordance with paragraph 1, first subparagraph, it shall provide the notifier with a reasoned explanation upon request.
If a notifier submits a notification in accordance with Article 5 and, where relevant, with Article 13, to ship, compared to a consented notification, the same type of waste from the same location in the country of dispatch to the same consignee and the same facility and whereby the countries of transit, if any, are the same, the competent authorities concerned shall take into consideration any information previously submitted in accordance with Article 5(2), (3) and (4) or Article 13(2) and (3) and shall take a decision in accordance with paragraph 1 of this Article as soon as possible.
A written consent to a shipment shall expire on the earliest date at the end of validity periods as indicated by the competent authorities concerned. It shall not cover a period of more than one year.
The shipment shall take place only after fulfilment of the requirements set out in Article 16(1) and (2) and during the period of validity of the tacit or written consent of all competent authorities concerned in accordance with paragraph 4 of this Article. The waste shall have been received by the facility for recovery or disposal before the end of the period of validity of the tacit or written consent of all competent authorities concerned.
The recovery or disposal of waste in relation to a shipment shall be completed no later than one year after the receipt of the waste by the facility that recovers or disposes of the waste, unless a shorter period is indicated by the competent authorities concerned in their decision.
The competent authorities concerned shall withdraw their tacit or written consent, at the request of the notifier or where they have knowledge of any of the following:
- (a) the composition of the waste is not as notified;
- (b) the conditions imposed on the shipment are not respected;
- (c) the waste is not recovered or disposed of in compliance with the permit of the facility that carries out the recovery or disposal;
- (d) the waste is to be, or has been, shipped, recovered or disposed of in a way that is not in accordance with the information supplied in, or annexed to, the notification and movement documents;
- (e) the termination of the financial guarantee;
- (f) the termination of the contract.
The competent authority concerned shall inform the notifier, the other competent authorities concerned and the consignee of any withdrawal of consent, including the reason for such withdrawal.
Where consent by any of the competent authorities concerned is withdrawn in accordance with paragraph 7 of this Article, the shipment or the treatment of the waste shall, where applicable, not be allowed to continue and Article 22 or 25 shall apply, as relevant.
Article 10
Conditions to consent to a shipment
The competent authorities of dispatch, destination and transit may, within the 30-day time limit referred to in Article 9(1), lay down conditions for their consent to a notified shipment. Such conditions shall be duly reasoned and may be based on one or more of the conditions listed in Article 11 or of the grounds listed in Article 12.
The competent authorities of dispatch, destination and transit may also, within the 30-day time limit referred to in Article 9(1), lay down conditions in respect of the transport of waste within their national jurisdiction. Such transport conditions shall not be more stringent than those laid down in respect of the transport of waste occurring wholly within their national jurisdiction and shall take due account of existing agreements, in particular relevant international agreements.
The competent authorities of dispatch, destination and transit may also, within the 30-day time limit referred to in Article 9(1), lay down a condition that their consent is to be considered withdrawn if the financial guarantee or equivalent insurance is not applicable at the latest at the time of completion of the movement document pursuant to Article 16(2), as required by Article 7(3).
Conditions shall be specified in, or annexed to, the notification document by the competent authority that lays them down.
The competent authority of destination may also, within the 30-day time limit referred to in Article 9(1), lay down a condition that the facility which receives the waste shall keep a regular record of inputs, outputs and/or balances for wastes and the related recovery operations or disposal operations as specified in the notification, and for the period of validity of the notification. Such records shall be signed by a person legally responsible for the facility and shall be submitted to the competent authority of destination within one month of completion of the notified recovery operation or disposal operation.
Article 11
Conditions for shipments of waste destined for disposal
Where a notification is submitted regarding a shipment destined for disposal in accordance with Article 5, the competent authorities of dispatch and of destination shall not give their consent to that shipment, within the 30-day limit referred to in Article 9(1), unless all the following conditions are fulfilled:
- (a) the notifier demonstrates that:
- (i) the waste cannot be recovered in a technically feasible and economically viable manner, or must be disposed of due to legal obligations under Union or international law;
- (ii) the waste cannot be disposed of in a technically feasible and economically viable manner in the country where it was generated;
- (iii) the planned shipment or disposal is in accordance with the waste hierarchy and the principles of proximity and self-sufficiency as laid down in Directive 2008/98/EC and the related waste is managed in environmentally sound manner in accordance with Article 59;
- (b) the competent authorities concerned do not have information that the notifier or the consignee has been convicted of carrying out an illegal shipment or any other illegal act in relation to environmental or human health protection in the 5 years prior to the submission of the notification;
- (c) the competent authorities concerned do not have information that the notifier or the facility has in the 5 years prior to the submission of the notification, repeatedly failed to comply with Articles 15 and 16 in connection with past shipments;
- (d) the Member State of destination has not exercised its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous waste or of waste listed in Annex II to that Convention;
- (e) the planned shipment and disposal is in accordance with national legislation relating to environmental protection, public order, public safety or health protection in the Member State where the competent authority is located;
- (f) the planned shipment or disposal does not conflict with obligations resulting from international conventions concluded by the Member State or States concerned or the Union;
- (g) the waste will be treated in accordance with legally binding environmental protection standards in relation to disposal under Union law or established in waste management plans drawn up pursuant to Article 28 of Directive 2008/98/EC, and, if the facility is covered by Directive 2010/75/EU, it shall apply best available techniques as defined in Article 3(10) of that Directive in compliance with the permit of the facility;
- (h) the waste is neither mixed municipal waste collected from private households or from other waste producers or both, nor mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties.
By derogation from paragraph 1, point (a), where the notifier demonstrates that the waste concerned is produced in a Member State of dispatch in such a small quantity overall per year that the provision of new specialised disposal facilities within that Member State would not be economically viable, the conditions set out in paragraph 1, points (a)(ii) and (iii), shall not apply.
Where a competent authority of transit gives consent to a shipment in accordance with Article 9(1) only the conditions set out in paragraph 1, points (b), (c), (e) and (f), of this Article shall be considered.
Information on consents given by competent authorities in accordance with paragraph 1 shall be referred to in the report in accordance with Article 73. The Commission shall inform all Member States of such consents taken in the previous calendar year.
By 21 May 2027, the Commission shall adopt an implementing act establishing detailed criteria for the uniform application of the conditions laid down in paragraph 1, point (a), to specify how the technical feasibility and economic viability referred to in points (a)(i) and (ii) of that paragraph are to be demonstrated by notifiers and assessed by competent authorities. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 81(2).
Article 12
Objections to shipments of waste destined for recovery
Where a notification is submitted regarding a shipment of waste destined for recovery in accordance with Article 5, the competent authorities of destination and dispatch may, within the 30-day time limit referred to in Article 9(1), raise reasoned objections based on one or more of the following grounds:
- (a) the shipment or recovery would not be in accordance with Directive 2008/98/EC;
- (b) the waste concerned will not be treated in accordance with waste management plans or waste prevention programmes drawn up by the countries of dispatch or destination, respectively, pursuant to Articles 28 and 29 of Directive 2008/98/EC;
- (c) the shipment or recovery would not be in accordance with national legislation relating to environmental protection, public order, public safety or health protection concerning actions taking place in the country of the objecting competent authority;
- (d) the shipment or recovery would not be in accordance with national legislation in the country of dispatch relating to the recovery of waste and to the recovery or disposal of residual waste generated through the recovery of the waste concerned, including where the shipment would concern waste destined for recovery in a facility which has lower treatment standards for the particular waste than those of the country of dispatch, respecting the need to ensure the proper functioning of the internal market, unless:
- (i) there is corresponding Union legislation, in particular related to waste, and requirements that are at least as stringent as those laid down in such Union legislation have been introduced in national law implementing such Union legislation;
- (ii) the recovery and the recovery or disposal of residual waste generated through the recovery of the waste concerned in the country of destination is carried out under conditions that are considered equivalent to those prescribed in the national legislation of the country of dispatch;
- (iii) the national legislation in the country of dispatch, other than that covered by point (i), has not been notified in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council ([^E0009]), where required by that Directive;
- (e) limiting incoming shipments of waste destined for recovery operations other than recycling and preparing for re-use is necessary for a Member State in order to protect its waste management network, where it is expected, based on available information, that such shipments would result in domestic waste having to be disposed of or treated in a way that is not consistent with its waste management plans;
- (f) the competent authorities concerned do not have information that the notifier or the consignee has been convicted of carrying out an illegal shipment or any other illegal act in relation to environmental or human health protection in the 5 years prior to the submission of the notification;
- (g) the competent authorities concerned do not have information that the notifier or the facility has, in the 5 years prior to the submission of the notification, repeatedly failed to comply with Articles 15 and 16 in connection with past shipments;
- (h) the shipment or recovery conflicts with obligations resulting from international conventions concluded by the Member State or States concerned or by the Union;
- (i) the ratio of the recoverable and non-recoverable waste, the estimated value of the materials to be finally recovered or the cost of the recovery and the cost of the disposal of the non-recoverable fraction of the waste do not justify the recovery, having regard to economic or environmental considerations;
- (j) the waste is destined for disposal and not for recovery;
- (k) the waste will not be treated in accordance with legally binding environmental protection standards in relation to recovery operations, or with recovery or recycling obligations established in Union legislative acts, or the waste will be treated in a facility which is covered by Directive 2010/75/EU but which does not apply the best available techniques as defined in Article 3(10) of that Directive.
The competent authorities of transit may, within the 30-day time limit referred to in paragraph 1, raise reasoned objections to the shipment of waste destined for recovery. Any such objection shall be based only on the grounds set out in paragraph 1, points (c), (f), (g) and (h).
Where, within the 30-day time limit referred to in paragraph 1, the competent authorities consider that the problems which gave rise to their objections have been resolved, they shall immediately inform the notifier thereof.
Where the problems giving rise to the objections are not resolved within the 30-day time limit referred to in paragraph 1, the notification of the shipment of waste destined for recovery shall cease to be valid. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.
Objections raised by competent authorities on the grounds set out in paragraph 1, points (d) and (e), of this Article and the reasons for those objections shall be communicated to the Commission in accordance with Article 73.
In accordance with Article 9(2), the competent authorities shall inform the notifier of the reasons for their objections to a shipment.
The Member States of dispatch shall inform the Commission and the other Member States of the national legislation on which objections raised by competent authorities in accordance with paragraph 1, point (d), may be based, and shall state to which waste and recovery operations as well as the recovery or disposal operations of residual waste generated through the recovery of the waste concerned those objections apply, before such national legislation is invoked as grounds for reasoned objections.
The Member States of destination shall inform the Commission and the other Member States of decisions or national legislation on which objections raised by competent authorities in accordance with paragraph 1, point (e), may be based and shall state to which waste and recovery operations those objections apply, before such decisions or national legislation is invoked as grounds for reasoned objections.
Article 13
General notification
The notifier may submit a general notification covering several shipments where all the following requirements are fulfilled:
- (a) the waste contained in the different shipments, as identified in accordance with Article 5(10), has essentially similar physical and chemical characteristics;
- (b) the waste contained in the different shipments is shipped to the same consignee and the same facility;
- (c) the countries of transit, if any, are the same, the routing of the different shipments is indicated in or annexed to the notification document and the location from which the shipment starts is the same.
The notifier may indicate in an annex attached to the notification document one or more possible alternative routings. The movement document completed in accordance with Article 16(2) shall provide information on the routing indicated in the notification document that is to be followed, as well as on any alternative routings to be followed in case of unforeseen circumstances and indicated in the notification document.
The competent authorities concerned may make their agreement to the use of a general notification subject to the subsequent provision of additional information and documentation, in accordance with Article 5(3) to (6).
Article 14
Pre-consented recovery facilities
A legal or natural person owning or exercising control over a recovery facility may submit a request for that facility to be pre-consented to the competent authority which has jurisdiction over the facility, as designated pursuant to Article 75.
Facilities that only carry out operation R13 shall not be eligible to submit a request as referred to in the first subparagraph.
The request referred to in paragraph 1 shall include the following information:
- (a) the name, registration number and address of the recovery facility;
- (b) copies of permits issued to the recovery facility to carry out waste treatment pursuant to Article 23 of Directive 2008/98/EC, as well as, where relevant, standards or certifications with which the facility complies;
- (c) a description of the technology employed to ensure the environmentally sound recovery of waste in the recovery facility, for which the pre-consent is requested, including technology designed to save energy or limit the emission of greenhouse gases linked to the activities of the facility;
- (d) the R-code or codes as referred to in Annex II of Directive 2008/98/EC for the recovery operation or operations for which the pre-consent is requested;
- (e) the designation and composition of the waste, the physical characteristics and the waste identification code or codes for the wastes for which the pre-consent is requested, as listed in Annex IV to this Regulation or in the list of waste referred to in Article 7 of Directive 2008/98/EC;
- (f) the total quantity of each type of waste for which the pre-consent is requested, compared to the treatment capacity for which the facility is permitted to carry out waste treatment pursuant to Article 23 of Directive 2008/98/EC;
- (g) the quantity of residual waste generated through the recovery of the waste in relation to the quantity of recovered material, and the planned method of recovery or disposal for the residual waste;
- (h) records of the activities of the facility linked to waste recovery, covering in particular the quantity and types of waste treated in the last three years, where relevant;
- (i) evidence or an attestation that the legal or natural person owning or exercising control over the facility has not been convicted of having carried out an illegal shipment or any other illegal act in relation to waste management in the 5 years prior to the request, in particular with regard to the protection of the environment or human health.
The Commission is empowered to adopt delegated acts in accordance with Article 80 to amend paragraph 2 of this Article as regards the information to be included in the request.
The procedure referred to in paragraphs 5 to 10 of this Article shall apply to pre-consent a facility for which a request was submitted in accordance with paragraph 1.
The competent authority shall, within 55 days after the date of receipt of a request submitted pursuant to paragraph 1 and containing the information as referred to in paragraph 2, assess the request and decide whether to approve it.
Where the legal or natural person referred to in paragraph 1 has provided all the information referred to in paragraph 2, the competent authority shall approve the request and issue a pre-consent for the facility concerned. The pre-consent may contain conditions relating to the duration of the pre-consent, the types and quantities of waste covered by the pre-consent, the technology used or other conditions necessary to ensure that the waste is managed in an environmentally sound manner.
By way of derogation from paragraph 6, the competent authority may refuse to approve the request for pre-consent if it is not satisfied that issuing the pre-consent will ensure that the waste will be managed in accordance with the waste hierarchy and other requirements laid down in Directive 2008/98/EC or, where relevant, that best available techniques will be applied in accordance with conclusions established under Directive 2010/75/EU.
The decision to approve or refuse the request for pre-consent shall be communicated to the legal or natural person that submitted the request as soon as it is taken by the competent authority and shall be duly reasoned.
The pre-consent of a recovery facility shall be valid for 10 years, unless stated otherwise in the decision to approve the request for pre-consent. During that period the competent authority shall conduct at least one inspection in accordance with Article 60. Additional inspections shall be conducted if needed on the basis of the risk-based assessment approach as referred to in Article 62.
A pre-consent of a recovery facility may be revoked at any time by the competent authority, if information becomes available which shows that the information provided in accordance with paragraph 2 is false or that the conditions in paragraph 6 are no longer fulfilled. A decision to revoke a pre-consent shall be duly reasoned and communicated to the facility concerned.
The legal or natural person referred to in paragraph 1 shall immediately inform the competent authority concerned of any change in the information submitted in accordance with paragraph 2. The competent authority concerned shall duly assess those changes and, if necessary, update or revoke the pre-consent.
In the case of a general notification submitted in accordance with Article 13 relating to shipments destined to a pre-consented facility, the period of validity of the consent referred to in Article 9(4) shall be extended to three years.
By way of derogation from the first subparagraph, the competent authorities concerned may decide, in duly justified cases, to extend the period of validity for a period shorter than 3 years.
The competent authorities that have issued a pre-consent to a facility in accordance with this Article shall, using the form set out in Annex VI, inform the Commission and, where appropriate, the OECD Secretariat of the following:
- (a) the name, registration number and address of the recovery facility;
- (b) a description of the technology employed, and the R-code or codes as referred to in Annex II to Directive 2008/98/EC;
- (c) the waste identification code or codes for the wastes to which the pre-consent applies;
- (d) the total pre-consented quantity;
- (e) the period of validity of the pre-consent;
- (f) any change in the pre-consent;
- (g) any change in the information notified;
- (h) any revocation of the pre-consent.
By way of derogation from Articles 9, 10 and 12, the consent given in accordance with Article 9(1), the conditions imposed in accordance with Article 10 or the objections raised in accordance with Article 12 by all the competent authorities concerned with respect of a notification for a shipment destined for a pre-consented facility shall be subject to a time limit of seven working days after the date on which the notifier has been informed in accordance with Article 8(12) that the notification has been properly completed.
If one or more competent authorities wish to request additional information in accordance with Article 8(2), (4), (7) or (9), in relation to a notification for shipments to a pre-consented facility, the periods mentioned in those paragraphs, as well as in Article 8(3) and (8), shall be shortened to:
- (a) five working days for Article 8(2), (3), (7) and (8); and
- (b) three working days for Article 8(4) and (9).
Notwithstanding paragraph 14, a competent authority concerned may decide that more time is needed in order to receive further information or documentation from the notifier.
In such cases, that competent authority shall, within seven working days of the date on which the notifier has been informed in accordance with Article 8(12) that the notification has been properly completed, inform the notifier and the other competent authorities concerned.
The total time needed to take one of the decisions as referred to in Article 9(1) shall not exceed 30 days from the date on which the notifier has been informed in accordance with Article 8(12) that the notification has been properly completed.
Article 15
Additional provisions regarding interim recovery and interim disposal
Where a shipment is destined for interim recovery or interim disposal, all the facilities where subsequent interim or non-interim recovery or subsequent interim or non-interim disposal is envisaged shall also be indicated in the notification document in addition to the initial interim recovery or interim disposal.
The competent authorities of dispatch and destination shall only give their consent to a shipment of waste destined for an interim recovery operation or interim disposal operation if they consider that the conditions in Article 11 are fulfilled or they have no reason to raise an objection, in accordance with Article 12, concerning the shipment or shipments to the facilities carrying out any subsequent interim or non-interim recovery or subsequent interim or non-interim disposal.
Within two working days of the receipt of the waste by the facility which carries out the interim recovery operation or interim disposal operation, that facility shall provide confirmation to the notifier and the competent authorities concerned that the waste has been received. That confirmation shall be supplied in or annexed to the movement document.
As soon as possible, but no later than 30 days after completion of the interim recovery operation or interim disposal operation, and no later than one year, or the shorter period referred to in Article 9(6), after the receipt of the waste, the facility carrying out that operation shall, under its responsibility, provide a certificate to the notifier and the competent authorities concerned that the operation has been completed. That certificate shall be supplied in or annexed to the movement document.
When a recovery or disposal facility which carries out an interim recovery operation or interim disposal operation delivers the waste for any subsequent interim or non-interim recovery operation or subsequent interim or non-interim disposal operation to a facility located in the country of destination, it shall obtain as soon as possible and no later than one year, or the shorter period referred to in Article 9(6), after delivery of the waste a certificate from that facility that the subsequent interim or non-interim recovery and interim or non-interim disposal operation has been completed.
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