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Notice On Shipments Of Waste

Original Language Title: Bekendtgørelse om overførsel af affald

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Publication of shipments of waste 1)

In accordance with section 44 (2), One, section 67, section 80, section. One and two, section 89 a, paragraph. One-three, and paragraph 110, paragraph. 3, in the law of environmental protection, cf. Law Order no. 879 of 26. June 2010, as amended by law no. 484 of 11. The year May 2010 shall be :

Definitions

§ 1. For the purposes of this notice :

1) Wastes : Waste as defined in the notice of waste.

2) Disposal : The methods and methods listed in Annex 6A to the notice of waste.

3) Disposal facilities : Installations that carry out waste disposal.

4) Regulation (EC) No, Regulation (EC) No (EC) No, 1013/2006 of 14. June 2006 on the shipment of waste.

5) Useful account : the forms and methods listed in Annex 6B for the notice of waste.

6) Useful system of use : installations making the use of waste recovery.

7) Transfer as defined in Article 2 (2) 34, in the regulation.

Competent authority of Denmark in accordance with the Regulation

§ 2. When Denmark is dispatched, notification of the transfer of waste which, in accordance with the Regulation, shall be notified to the Environmental Management Board shall be notified.

Information related to the notification of shipments of waste where Denmark is the country of dispatch

§ 3. In the case of submission of notification of shipments of waste, where Denmark is the country of dispatch, notifies other than the information which, in accordance with Article 4 (4), shall be notified to the Commission. 2, is the obligation to provide information on :

1) the duration and nature of the approval of the recovery or disposal of the disposal of the disposal,

2) description of the processing process in the installation, which receives the waste ; and

3) a copy of the contracts, cf. Annex II of the Regulation, Part 1, Part 1, 22 and 23.

Paragraph 2. When submitting notification of shipments of waste, where Denmark is the consignment of dispatch, the notification shall be accompanied by a confirmation from the municipality of the municipality in which the waste producer is located, on the refuse to match the description in box ; 12, 13 and 14 of the notification form, cf. Annex IA of the Regulation.

Paragraph 3. If the one in paragraph 1 : In the case of a confirmation from the local authority board, notifies must instead provide a chemical analysis of the composition of the waste and a description of the production process resulting from the waste.

Language

§ 4. Notification, information, documentation or other messages shall be submitted in Danish, Swedish, Norwegian or English.

Fees

§ 5. Lists shall pay a fee to cover all costs incurred in the treatment of the notification of shipments of waste, regardless of whether Denmark is the country of dispatch or country of destination. In the case of notifications received after the date of entry into force of the notice, the fee shall constitute 13.100 kr. per review. The fee shall be adjusted annually per year. 1. On the basis of the most recent published price and pay index in the Financial Administrative Guidance of the Financial Ministry. The current fee rate shall be published on the website of the Environment Management website : www.mst.dk.

Paragraph 2. The Agency shall be charged with the Environmental Management Board when the Environmental Management Board shall implement the notification and shall be paid according to the instructions given in the collection. The fee shall not be charged if the notifier cancel the notification before the charge for payment is shipped.

Paragraph 3. If the charges are not in a timely manner, the charges shall be denuncized with an annual interest rate equivalent to that for any period in force with a percentage of 5%.

Financial security

§ 6. Where Denmark is the country of dispatch of the shipment of waste which, in accordance with the Regulation, notifies or other natural or legal person on his behalf shall make a security of DKK 3 000 kr. per tonnes of waste to be transferred in accordance with the notification.

Paragraph 2. If the Environmental Management Board estimates that the expected costs for transport, disposal, recovery and storage will differ significantly from the provisions referred to in paragraph 1. 1 led by the Committee on the Environment, Public Health and Consumer Policy may provide that the security should be a larger or smaller amount than specified in paragraph 1. 1.

§ 7. As security recognition

1) bank guarantee made by a financial institution,

2) guarantees provided by a guarantor, or

3) Cash depot on restricted account in the financial institution.

Paragraph 2. The Environmental Management Board may approve other forms of security.

§ 8. A security shall refer to the serial number of the notifier and shall be so declared that it can only be released when the EPA has received the certificate referred to in Article 6 (1) of the Regulation. Article 6 (5) or Article 6 (1). 8.

Paragraph 2. However, where the transfer of waste is determined for the temporary recovery or disposal where a further recovery or disposal is carried out in the country of destination, the seaside may, however, be applaunsulated so that it can be released when the waste is taken, shall leave the installation of temporary treatment and the EPA has received the certificate referred to in Article 6 (1) of the Regulation. 6.

Paragraph 3. It must also be stated in the security that it is to be paid to the Environmental Management Board, when the Board considers that the Danish State or other authorities concerned must comply with the obligations arising from Articles 23 and 25 of the Regulation.

Paragraph 4. The security shall be issued to the Danish State, the c/o Environmental Management Board, Strandgade 29, 1401 Copenhagen K.

Paragraph 5. The security shall be valid at the time of notification. A separate security shall be provided for each notification.

Corporate Responsibilities in relation to shipments

§ 9. Businesses may only receive waste transferred to Denmark as a destination country after the waste is transferred in accordance with the provisions of the Regulation.

Paragraph 2. Traders and brokers, who are transferring shipments of waste, must ensure that the waste is transferred in accordance with the provisions of the Regulation.

§ 10. The transfer of waste to disposal in Denmark shall be prohibited. However, this does not apply in the following cases :

1) If there is no suitable disposal option in the country of dispatch and the waste is manufactured in such small quantities, that the creation of new, specialised disposal facilities in this country will be uneconomic.

2) In the context of the transfer from EU countries and EFTA Countries Parties to the Basle Convention 2) , to Denmark as the destination country of hazardous waste destined for the incineration of land, cf. point D 10 in Annex 6A in the notice of waste.

Paragraph 2. When Denmark is dispatched, it is forbidden to transfer waste to disposal in EU countries and EFTA countries that are parties to the Basel Convention. However, this does not apply in the following cases :

1) If there is no suitable disposal plant in Denmark and the waste is manufactured in Denmark in so small quantities, that the creation of new, specialised disposal facilities in Denmark will be uneconomic.

2) In the case of transfers from Denmark as the exporting country of hazardous waste, intended for the incineration of land, cf. point D 10 in Annex 6A in the notice of waste.

Paragraph 3. It is also prohibited to disseminate shipments of waste contrary to the prohibition referred to in paragraph 1. Paragraph 1 and paragraph. 2.

Paragraph 4. The Environmental Management Board may dispense with the prohibition referred to in paragraph 1. 2 and paragraph 1. 3, cf. paragraph 2.

Supervision

§ 11. The local authority shall ensure that the provisions of the Regulation and the provisions of this notice are complied with, cf. however, paragraph 1 Two and three.

Paragraph 2. The Management Board shall ensure that the provisions of the Regulation and of this notice of the regulation on waste transferred to Denmark as a country of destination are complied with at establishments in which the approval authority following the approval of the rules for approval of : list operations are addressed to the Environmental Management Board.

Paragraph 3. The Management Board shall also ensure compliance with the provisions of the Regulation for the transport of waste transferred to Denmark as a country of destination and waste intended for the transfer, where Denmark is the country of dispatch and the transit of waste.

§ 12. The Environmental Management Board shall decide on whether or not wastes pursuant to Articles 22 and 24 of the Regulation shall be returned to the Member State of dispatch or be disposed of or recovered in a manner other than indicated in the notification.

Paragraph 2. Where the local authorities consider that, in accordance with Articles 22 and 24 of the Regulation, the notifier or the competent authority of dispatch shall ensure that waste is returned to the dispatcher State or, by the way, disposed of. or recoverable otherwise than declared in the notification, the Board of Directors shall inform the Committee on the Environment, Public Health and Consumer Protection.

Administrative provisions

§ 13. Decisions to be taken pursuant to the Regulation and to this notice shall not be made to the second administrative authority.

Punishment

§ 14. Unless higher penalties have been inflited on the other legislation, the penalty shall be punished by fine ;

1) fails to provide security, cf. § 6,

2) receives waste transferred to Denmark as a country of destination and which has not been transferred in accordance with the provisions of the Regulation, cf. Section 9 (1). 1,

3) transferring shipments of waste in breach of section 9 (3). 2, or

4) is in violation of section 10 (1). 1-3.

Paragraph 2. The sentence may rise to prison for two years if the infringement has been committed intentionally or by gross negligence and if there is a breach of the infringement proceedings ;

1) damage to the environment or caused, or

2) obtained or intended for the economic benefit of the person concerned itself or others, including in the case of savings.

Paragraph 3. Companies can be imposed on companies, etc. (legal persons) punishable by the rules of the penal code 5. Chapter.

Entry into force and transitional provisions

§ 15. The announcement shall enter into force on 16. May 2012.

Paragraph 2. Publication no. 1618 of 15. December 2010 on the transfer of waste is deleted, cf. however, paragraph 1 3 and 4.

Paragraph 3. For a transfer in which the Environmental Management Board has received notification before the 161. 'May 2012' shall apply to the publication. 1618 of 15. December 2010 on shipments of waste.

Paragraph 4. For a transfer in which the Environmental Management Board has received notification before 1. January, 2011, shall be published. 799 of 28. June 2007 on the shipment of waste.

The Ministry of Environment, 8. May 2012

Ida Auken

/ Michel Schilling

Official notes

1) The notice complements the provisions of Regulation (EC) No 2 of the European Parliament and of the Council. 1013/2006 of 14. June 2006 on the transfer of waste, EU-Official Journal, nr. In 190, page one. According to Article 288 of the EDF Treaty, a Regulation shall apply immediately in each Member State.

2) Switzerland, Norway, Iceland and Liechtenstein are EFTA countries and parties to the Basle Convention.