Publication of shipments of waste and transfer of used electrical and electronic equipment 1)

In accordance with section 44 (2), 1, 46 (1) (a), 2, section 67, section 80, paragraph 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. May 2010, Law No. No. 446 of 23. May, 2012, lov # 1149 of 11. December 2012 and Law No 87 of 28. January 2014, set :

Definitions

§ 1. For the purposes of this notice :

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

2) Waste electrical and electronic equipment : as defined in the notice of bringing electrical and electronic equipment into circulation, as well as the handling of electrical and electronic equipment.

3) Waste producer : as defined in the notice of waste.

4) Disposal : the forms and methods listed in Annex 5A for the notice of waste.

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

6) Electrical and electronic equipment : as defined in the notice of bringing electrical and electronic equipment into circulation, as well as the handling of electrical and electronic equipment.

7) Electrical and electronic equipment for the business : as defined in the notice of bringing electrical and electronic equipment into circulation and the handling of electrical and electronic equipment.

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

9) Reuse : as defined in the notice of waste.

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

11) decision of the OECD Council : Decision C (2001) 107/final on the revision of Decision C (92) 39/final on the control of transboundary movements of waste destined for recovery.

12) Transfer as defined in Article 2 (2) The regulation and the corresponding cross-border transport of used electrical and electronic equipment.

13) Manufacturer : as defined in the notice of bringing electrical and electronic equipment into circulation, as well as the handling of electrical and electronic equipment.

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 and documentation 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 the notifies, as well as the particulars and documents referred to in Article 4 of the Regulation, 2, as well as 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 to the Danish, Swedish, Norwegian or English language.

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 amount to DKK 13.50. 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) For 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 5A 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 5A 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.

Transfer of used electrical and electronic equipment

§ 11. In the case of transfers of used electrical and electronic equipment, each consignment must be accompanied by :

1) an appropriate transport document, such as CMR or freight, and

2) a statement from the person responsible for the transfer responsible for its responsibility.

Paragraph 2. The use of electrical and electronic equipment must, by means of a transfer thereof, have adequate protection from damage in the case of transport, loading and unloading, in particular by adequate packaging and adequate loss of shipment.

§ 12. If a transfer of alleged use of electrical and electronic equipment on account of, for example, the stand, age or packaging of equipment is suspected of being a transfer of electrical and electronic equipment, the shipment must, in addition to those of section 11, must be carried out ; the following documents shall be accompanied by

1) A copy of the invoice and contract on the sale or transfer of ownership of used electrical and electronic equipment, which indicate that the equipment is intended for direct re-use and is in full operational condition.

2) Documentation of evaluation and testing pursuant to paragraph 1. 2 in the form of a copy of the records (test certificate or certificate for operation duality) for each item in the consignment and a protocol containing all the records in accordance with paragraph 1. Two and three.

3) A declaration by the transfer of used electrical and electronic equipment that no one of the materials or equipment in the shipment is waste.

Paragraph 2. Evidence of the use of electrical and electronic equipment and not waste electrical and electronic equipment shall be tested and the presence of dangerous substances shall be evaluated. A record of the results of the tests and evaluation shall be recorded.

Paragraph 3. The one in paragraph 1. 2 the records referred to in paragraph 2 shall be determined, but not permanently, either on the actual used electrical and electronic equipment, if this is not packaged, or on the packaging, so that the entry can be read without opening the packaging of the equipment. The recording must include the following information :

1) the name of the item, including the name of the equipment, if it is listed in the list in Annex 1 or 2 in the notice to carry electrical and electronic equipment in circulation and the handling of waste electrical and electronic equipment ;

2) where possible, indication of the identification number of the genus (type No),

3) where possible, indication of the marketing year,

4) the name and address of the company responsible for documenting the operation of the operation ;

5) the results of tests, cf. paragraph 2, including the date of testing of operation dubility, and

6) the nature of the tests carried out.

Paragraph 4. § 12, paragraph 1. 1, no. 1 and 2 (2). 2 and paragraph 1. 3, shall not apply where it is clearly documented that the transfer takes place within the framework of a transfer agreement between undertakings, and

1) that the use of electrical and electronic equipment is returned to the manufacturer or a third party acting on behalf of the manufacturer, as a failure to repair under the guarantee for reuse,

2) the use of electrical and electronic equipment for use is returned to the producer or a third party acting on its behalf, or a third party in countries such as the OECD Council Decision applicable, for renovation or, repair in accordance with a valid agreement for reuse, or

3) that the use of electrical and electronic equipment for the use of the business, such as medical equipment or parts thereof, is returned for causal analysis in accordance with a valid agreement to the manufacturer or a third party acting on behalf of the manufacturer or a third party who is acting on behalf of the manufacturer or a third party, such analysis can only be carried out by the producer or third party acting on behalf of his person.

§ 13. Wires a shipment of used electrical and electronic equipment not by the documents required under Section 11 (2). 1, or shall be accompanied by a consignment of used electrical and electronic equipment suspected of the waste of electrical and electronic equipment, not in addition to any evidence after paragraph 12 (3). 1, including documentation for each object showing that this is functional, the equipment is classified in the shipment as waste after the notice of waste and a transfer of it constitutes an illegal transfer of waste by the Regulation.

Paragraph 2. Where the use of electrical and electronic equipment is not used by transmitting appropriate protection from the damage caused by transport, loading and unloading, in particular by adequate packaging and adequate loss of the shipment, cf. Section 11 (1). 2, classification of the equipment in the consignment as waste by the notice of waste and the shipment constitutes an illegal shipment of waste in accordance with the Regulation.

Paragraph 3. If electrical and electronic equipment is used to be waste electrical and electronic equipment, the municipal management board may, after notification of waste prior to the actual start of the transfer, decide on its classification, request documentation in accordance with section 12 (3). 1, including documentation, for the equipment to be functional, cf. however, section 12 (2). 4. This documentation does not have to be classified as waste electrical and electronic equipment as waste.

Supervision

§ 14. 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.

§ 15. 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

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

Punishment

§ 17. 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

§ 18. The announcement will enter into force on the 14th. February 2014.

Paragraph 2. Publication no. 421 of 8. May 2012 on the transfer of waste is lifted.

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. The announcement also contains provisions that implement parts of the European Parliament and Council Directive 2012 /19/EU of 4. July 2012 on waste electrical and electronic equipment (WEEE), EU-Official Journal 2012, nr. In 197, page 38.

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