Presentation on theme: "Procedures established to manage transboundary movements of hazardous wastes and other wastes Workshop BCRC, Bratislava 3.-5. Okt. 2006."— Presentation transcript:
Procedures established to manage transboundary movements of hazardous wastes and other wastes Workshop BCRC, Bratislava Okt. 2006
Relevant rules, regulations, laws and administrative measures After the accession of the Slovak republic into the EU on 1st May 2004, legal regulations of the Community for managing transboundary movements of hazardous waste and its disposal entered into force. The basic rule of the EU dealing with the transport of waste is Council Regulation (EEC) No 259/1993 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of European Community.
Slovak republic has enacted national legislation which issue from Basel Convention and Europe regulations especially in laws –law No 223/2001 about waste –law No 168/1996 about road traffic
Other international conventions and agreements stand in Slovak republic for the export, transit or import of hazardous wastes –The European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) –Carriage of dangerous goods by rail (RID) –regulations for international air transport IATA, that is binding for Slovak republic, including regulations controlling the transport of dangerous goods –transport of dangerous goods by ship in Slovak republic and transport of hazardous waste on the river Danube is managed in accordance with German transport regulation on the river Odra and Nisa.
The customs administration has applied the following regulations in compliance with customs procedures for export, transit or import of hazardous waste –Council Regulation (EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs Code –law No 199/2004 Customs law
Conformable with these legislations customs administration has established its own internal acts for managing which determine procedure of customs offices for transport of all kind of waste on the customs territory within the Slovak republic Customs administration trains its customs officers in the sphere of prohibitions and restrictions, and manipulation with dangerous goods and also hazardous waste. The trainings are organized and carried out in the training centres by lectors of the administration.
Customs procedures for managing transboundary movements of hazardous waste and other waste Customs officers inspect cargo verifying accompanying documentation and physical inspect shipment. Procedures inspect do not depend on the means of transport.
Customs officers use profile of risk analysis when they inspect shipment. Customs administration has a special division dealing with selection of risk analysis from own intelligence information, also from intelligence information of other customs administrations of the EU according to Council Regulation (EC) No 515/97 of 13 March 1997 on mutual assistance between the administrative authorities of the Member States and cooperation between the latter and the Commission to ensure the correct application of the law on customs and agricultural matters (database OLAF, other profile dangerous goods EU database RAPEX).
Customs officers inspect import or export of hazardous waste on the place of loading or unloading. If necessary, the control can be carried out anywhere only in presence of Fire fighting and rescuing corps (on the base of Agreement on assistance between the Customs administration and the ministry of interior of the Slovak republic).
If customs officer is not able to identify hazardous waste, he can contact an inspector from regional organizational structure of Slovak Inspectorate of the Environment. Customs officer establishes procedure of the other treatment with hazardous waste according to the opinion of inspector. Customs administration has not kept individual evidence of import, export or transit of hazardous waste, it has only evidence about trade of goods with EU countries and third countries.
Procedures established to prevent, identify, monitor and manage cases of illegal transport of hazardous waste and other waste The Slovak republic has within its own national legislation sanctions to prevent and punish illegal traffic in hazardous wastes and other wastes. It enables customs authorities to adopt measures on detecting of illegal traffic hazardous waste and other waste.
After verification of accompanying document a customs officer carries out risk analysis. If there is a suspicion that inspected shipment is waste, customs officer seize cargo until investigation of the shipment. Customs officer has to report his suspicion to competent authority of inspectorate of the environment. After investigation an inspector responds his position to customs office.
In case that an illegal traffic of waste was detected during customs inspection, customs office has to inform the Ministry of Environment of the SR which decides about other treatment with waste. If waste is exported from the Slovak republic, the Ministry of Environment of the SR will contact competent national agency in export country. Then customs office guarantees re- export of waste from the customs territory of the SR.