Transboundary shipment of waste is a vast subject with plenty of specifications to be taken into account. At European level, the Regulation (EC) No. 1013/2006 (Waste Shipment Regulation, VVA) applies. It has been implemented into German national law by the Waste Shipment Act (AbfVerbrG).
Basically, a distinction must be made between waste that is subject to the general information obligations, the prior written notification or a prohibition.
Prior written notification
The following types of waste are subject to a notification procedure:
- Waste for disposal
- Waste for recovery:
- Waste according to Annex IV, V A of the Waste Shipment Regulation
- Waste not listed
- Mixtures of wastes not classified under one single entry in either Annex III, III B, IV or IV A
A notification applies to one waste (stream) and a maximum quantity to be determined and must be submitted to the competent authority prior to the shipment, which in turn contacts the other authorities involved in the shipment (transit, consignee). Transport may not begin until written consent has been given by the competent authority. Please note: the specified maximum quantity cannot be increased afterwards!
A notification must be made by means of an official set of forms derived from the notification form (Annex I A) and the respective accompanying form (Annex I B). Both forms must contain the same notification number!
In addition, further documents and information has to be submitted. In this case, it is important to check with the competent authority, as there are sometimes different requirements for the authorities. Some authorities require very extensive information at the time of submission, whereas other authorities prefer a leaner version. A list of possible documents and information can be found in Annex II Parts 1 – 3 of the VVA. However, a contract (which includes specified obligations according to VVA) between the notifier, the recipient and the producer is mandatory (e.g. Articles 22, 24, 15, 16).
It is also relevant whether the shipment is classified as a provisional or final recovery / disposal. This sometimes results in different requirements. In the VVA, the recycling processes R12/R13 and disposal processes D13-15 are classified as temporary recycling or disposal. In the case of a provisional procedure, information on all subsequent facilities up to the final disposal facility must be included in the notification procedure.
Therefore, there are various requirements for the transboundary shipment of waste to be observed, where ignorance can quickly lead to sometimes long delays in the notification procedure.
Feel free to contact us. We will be happy to support you with our comprehensive know-how in your individual notification process!