Notice On Shipments Of Waste

Original Language Title: Bekendtgørelse om overførsel af affald

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Notice of transfer of affald1)

Under section 44 (1), § 67, section 80 (1) and (2), article 89 (a), paragraphs 1-3 and § 110, paragraph 3, of the law on environmental protection, see. lovbekendtgørelse nr. 879 of 26. June 2010, as amended by Act No. 484 of 11. May 2010, fixed: Definitions



§ 1. For the purposes of this order: 1) Waste means waste as defined in the Ordinance on waste.

2) Disposal: The forms and methods which are listed in annexes 6A to the Ordinance on waste.

3) disposal plants: Plants which carry out disposal of waste.

4) Regulation: European Parliament and Council Regulation (EC) No 1782/2003. 1013/2006 of 14. June 2006 on shipments of waste.

5) Recovery: The forms and methods which are listed in annex 6B to the Ordinance on waste.

6) recovery facilities: Facilities that carry out waste recovery.

7) Transfer: transfer as defined in article 2 (3). 34, in regulation.

Competent authority in Denmark under the regulation



§ 2. When Denmark is country of dispatch shall be submitted notification concerning the shipment of waste, which, in accordance with this Regulation shall be notified to the environmental protection agency.

Information in connection with the notification of the shipment of waste, where Denmark is country of dispatch



§ 3. By sending notification concerning the shipment of waste, where Denmark is country of dispatch shall notify the notifier in addition to the information in accordance with article 4, nr. 2, is also indication of obligatory 1) duration and nature of the approval, as a recovery or disposal facility has, 2) description of the treatment process in the facility which receives the waste, and 3) copy of the contracts referred to in article 6. Regulation Annex II, part 1, no. 22 and 23.

(2). By sending notification concerning the shipment of waste, where Denmark is country of origin, is the notification accompanied by a confirmation from the local authority of the commune in which the waste producer is located, on the waste corresponds to the description in section 12, 13 and 14 of the notification form, see. Regulation Annex IA.

(3). If the confirmation referred to in paragraph 2 from the Municipal Council are not sent, to be reviewed instead submit a chemical analysis of the composition of the waste, and a description of the production process by which the waste is generated.

Language



§ 4. Review, information, documentation or other messages to be presented in Danish, Swedish, Norwegian or English.

Fee



§ 5. Reviewer must pay a fee to cover the entire cost of treatment of the waste shipment notification, whether Denmark's country of origin or country of destination. For notifications received after the entry into force of the Decree represents fee 13,100 DKK per review. The fee will be adjusted annually on 1 October. January on the basis of the latest published price-and lønindeks in the Ministry of finance, Economic Administrative Guidance. The current fee rate published on the environmental protection agency's website www.mst.dk.

(2). The fee charged by the environmental protection agency, when the environmental protection agency initiates the processing of the notification, and shall be paid in accordance with the instructions contained in the collection. There shall be no fee, if the critic cancels the notification before the fee collection is shipped.

(3). The fee is not filed in due time, interest shall be paid the fee with an annual interest rate equal to the discount rate in force at any time with a surcharge of 5 percent.

Financial collateral arrangements



§ 6. When Denmark is country of origin by transfer of waste in accordance with the regulation to be notified, reviewer or another natural or legal person on its behalf, lodge a security of 3,000 € per tonne of waste, to be transferred in accordance with the notification.

(2). If the environmental protection agency estimates that the projected costs for transportation, disposal, recovery and storage will differ significantly from the amount referred to in paragraph 1, the environmental protection agency can provide that security must be a greater or smaller amount than that specified in paragraph 1.

§ 7. As collateral recognised 1) bank guarantee made by a financial institution, 2) guarantee made by the surety company, or 3) cash depot on escrow account in financial institution.

(2). The environmental protection agency can approve some form of collateral.

§ 8. A collateral after the regulation shall refer to the serial number and klausuleres in such a way that it can only be released when the environmental protection agency has received the certificate referred to in article 6 of the regulation, paragraph 5 or article 6, paragraph 8.

(2). By shipment of waste destined for interim recovery or disposal operations, where a further recovery or disposal operation takes place in the country of destination, the security can, however, klausuleres in such a way that it can be released when the waste leaves the facility that performs the temporary treatment, and the environmental protection agency has received the certificate referred to in article 6, paragraph 6.

(3). It must also be apparent from the collateral that it needs to be paid to the environmental protection agency when the agency determines that the Member State or other authorities concerned shall comply with the obligations arising from article 23 and 25.

(4). The security is issued to the Danish State, c/o the environmental protection agency, strandgade 29, 1401 Copenhagen K, Denmark.

(5). The security must be valid at the time of review. There must be separate security for each review.

Companies ' obligations in connection with shipments of waste



§ 9. Companies are only allowed to receive waste transferred to Denmark as a country of destination, when the waste is transferred in accordance with the provisions of the regulation.

(2). Dealers and brokers, providing shipments of waste must ensure that the waste is transferred in accordance with the provisions of the regulation.

§ 10. It is prohibited to transfer waste for disposal in Denmark. However, this does not apply in the following cases: 1) if in the country of dispatch does not exist appropriate disposal options, and the waste produced in such small quantities that the creation of new specialised disposal installations within that country would be uneconomic.

2) by transfer from EU and EFTA countries which are parties to the Basel-konventionen2), to Denmark as a country of destination of hazardous waste destined for incineration on land, see. point D 10 in annex 6A of the Ordinance on waste.

(2). When Denmark is the country of dispatch, it is prohibited to transfer waste for disposal in EU countries and EFTA countries which are parties to the Basel Convention.  However, this does not apply in the following cases: 1) if in Denmark not suitable disposal facilities, and waste produced in Denmark in such small quantities that the creation of new specialised disposal installations in Denmark will be uneconomic.

2) by transfer from Denmark as a country of dispatch of hazardous waste destined for incineration on land, see. point D 10 in annex 6A of the Ordinance on waste.

(3). Furthermore, it is prohibited to disseminate the shipments of waste in violation of the prohibition referred to in paragraph 1 and paragraph 2.

(4). The environmental protection agency may grant a derogation from the prohibition provided for in paragraph 2 and paragraph 3 of the basic regulation. (2).

Supervision



§ 11. The Municipal Council supervises the provisions of the regulation and the provisions of this Ordinance are complied with, see. However, paragraphs 2 and 3.

(2). The environmental protection agency supervises the provisions of the regulation and the provisions of this order on waste that is transferred to Denmark as a country of destination, at companies where the approval competence in accordance with the rules for approval of list company assigned to the environmental protection agency.

(3). The environmental protection agency leads in addition to the provisions of the regulation are complied with in the case of transport of waste is transferred to Denmark as a country of destination and waste destined for transfer, where Denmark is country of origin as well as transit of waste.

§ 12. The environmental protection agency decides whether the waste pursuant to articles 22 and 24 shall be returned to the sending State or disposed of or recovered in another way than specified in the notification.

(2). If the local authority estimates that pursuant to articles 22 and 24 are the basis for, the notifier or the competent authority of dispatch shall ensure that the waste is returned to the sending State or, moreover, to be disposed of or recovered in another way than specified in the notification, the Municipal Council inform the environmental protection agency to that effect.

Administrative provisions



§ 13. Decisions after regulation and this order cannot be brought before another administrative authority.

Penalty



§ 14. Unless a higher penalty is inflicted upon the rest of the legislation, is punishable by a fine anyone who 1) fail to give security, see. § 6, 2) receives waste that is transferred to Denmark as a country of destination and which are not transferred in accordance with the provisions of the regulation referred to in article 6. § 9 (1), (3)) shall disseminate shipments of waste in violation of article 9, paragraph 2, or 4) violates the prohibition laid down in article 10, paragraphs 1 to 3.

(2). The penalty can rise to imprisonment for up to 2 years if the infringement was committed intentionally or through gross negligence, and if the infringement is 1) caused damage to the environment or caused danger therefore, or 2) achieved or intended an economic advantage for the person himself or others, including savings.

(3). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Entry into force and transitional provisions




§ 15. The notice shall enter into force on 16 September. may 2012.

(2). Executive Order No. 1618 by 15. December 2010 on the transfer of waste shall be repealed, without prejudice to article. However, paragraphs 3 and 4.

(3). For a transfer, where the environmental protection agency has received notification before the 16. may 2012, the Decree No. 1618 by 15. December 2010 on shipments of waste.

(4). For a transfer, where the environmental protection agency has received notification before the 1. January 2011, applies to Decree No. 799 of 28. June 2007 on the transfer of waste.

The Ministry of the environment, the 8. may 2012 Ida Auken/Michel Schilling Official notes 1) Executive order complements the provisions of European Parliament and Council Regulation (EC) No 1782/2003. 1013/2006 of 14. June 2006 on shipments of waste, the official journal of the European Union 2006, nr. L 190, page 1. According to article 288 of the Treaty where a regulation is directly applicable in each Member State.

2, Norway, Iceland and Switzerland) Liechtenstein is the EFTA countries and the parties to the Basel Convention.