Permits for transboundary waste shipment
The movement of selected waste between countries is subject to specific regulations. What regulations govern the procedures for transboundary waste movement and how can a permit for this activity be obtained?
Transboundary Waste Movement – Legal Basis
The issue of transboundary waste movement is described in the European Parliament and Council Regulation of June 14, 2006, on the shipment of waste. Information that clarifies these procedures and translates the regulations into Polish administrative law can be found in the Act of June 29, 2007, on international waste movement.
Waste Shipment Permit
A written permit for the shipment of waste is required in the following cases:
- When any waste intended for disposal operations is transported, for example:
* D1 – landfilling,
* D10 – incineration,
* D12 – permanent storage;
- When waste intended for recovery operations in Romania until the end of 2014 and in Bulgaria until the end of 2015 is transported;
- When waste classified under the so-called Amber List of Waste is transported, this means:
* waste with codes starting with the letter “A” in accordance with the Basel Convention, e.g. A3030 – waste mineral oils unfit for their originally intended use; * waste from processed cork and wood; - When waste that is not classified in any of the Annexes to the Regulation is transported, e.g. waste with code 191210 – refuse-derived fuel (RDF);
- when moving mixtures of waste (excluding mixtures listed in Annex IIIA);
- when moving waste listed in the so-called green list of waste, if such waste is intended for recovery in countries outside the European Union or OECD, and a permit is required based on Commission Regulation (EC) No 1418/2007 of November 29, 2007, concerning the export for recovery of certain waste listed in Annex III or IIIA of Regulation (EC) No 1013/2006 of the European Parliament and Council to certain countries not covered by the OECD decision on the control of transboundary waste movements.
A written permit for the movement of the above-mentioned waste is issued for one year (up to 3 years if the waste is intended for recovery in a facility that has a preliminary permit). This type of permit specifies the amount of waste and the number of transports directed to a specific recipient. The entity requesting the permit is the one sending the waste (subject to the law of the sending country).
Example: A Polish company can obtain a permit for the shipment of waste abroad. When this company plans to bring waste into Poland, it cannot apply for a permit. The application should be submitted by the company sending the waste, which operates in the sending country. The recipient does not constitute a party in such administrative proceedings. However, they should cooperate with the reporting (sending) company in the process of completing the documents required for the application and enter into an agreement with the sender, as well as provide a permit for waste recovery activities. In such a case, the recipient also receives correspondence that is sent to the reporting party.
How to submit an application for a permit for transboundary waste movement?
- Fill out the forms, the templates of which are provided in Annex I to Regulation No. 1013/2006. The forms are issued by the competent authority in the country of dispatch, assigning an individual number to the document. The form should be filled out according to the instructions and accompanied by all documents and information listed in Annex II of the regulation. Documents mentioned in Article 6, Section 4 of the Act of June 29, 2007, on international waste movement should also be considered.
- The collected documents should be submitted to the competent authority of the country of dispatch, in as many copies as there are interested countries, i.e., the exporting country, importing country, and transit countries, if they participate in the entire procedure. Additionally, the documents must be prepared in languages that are accepted by the aforementioned authorities. The Chief Inspectorate for Environmental Protection accepts the Polish language. If the documents are submitted in other languages as well, certified translations must be provided.
- In a situation where the competent authority in the country of dispatch receives the correctly submitted form along with the necessary documents, the institution keeps a copy of the documentation, and the original is forwarded to the competent authority of the destination country (along with copies for the transit country authorities).
- The competent authority for the destination country verifies the submitted documents, and if necessary, requests the notifying entity to provide additional documents or information. Only when the authority receives the complete necessary documentation, it confirms the acceptance of the application and informs the notifier and other interested parties. Each authority participating in the procedure must issue a decision regarding the planned transboundary movement of waste within 30 days from the date of confirmation of the application’s acceptance by the authority of the destination country. In cases where the facility receiving the waste is covered by a so-called preliminary permit, this period is reduced to 7 days. If the waste is being imported to Poland, the permit issuance procedure also includes an inspection by the Voivodeship Inspectorate for Environmental Protection at the recipient's facility (excluding facilities with a preliminary permit).
- Transit countries have the option to apply the so-called tacit consent, which becomes effective 30 days after the date of confirmation of the acceptance of the notification by the authority of the importing country. In order to begin the transport of waste, written consent must be obtained from the exporting and destination countries, as well as written or tacit consent from the transit country.
Fees for Transboundary Waste Movement
The competent authority for issuing the permit is the Chief Inspector of Environmental Protection:
- The stamp duty for issuing the permit is: PLN 14,000.00
- The stamp duty for changing the permit is: PLN 7,000.00
- The stamp duty for issuing a preliminary permit is: PLN 2,000.00
Penalties for Transboundary Waste Movement Without a Permit
Penalties for transboundary waste movement without a permit are severe for both the sender and the recipient of the waste. They are imposed through an administrative decision and range from PLN 50,000.00 to PLN 300,000.00.
