Latest developments at EU level to modernise waste shipment rules Implementation and enforcement Financial guarantees Take-back of waste The Basel Convention and the Liability Protocol
The 1993 waste shipment regulation – need to modernise Need to implement Basel/OECD Global harmonisation required Problems of application/administration/enforcement Increased legal clarity
New waste shipment regulation 30 June 2003The Commissions proposal 8 March 2004The Commissions amended proposal 24 June 2005The Councils common position 26 October 2005The Parliaments plenary
New waste shipment regulation Clarifies and simplifies the legal framework Strengthens the controls of waste shipments
Illegal waste shipments No inspections – No problems The IMPEL Network Need to increase coordination and awareness
Liability issues Duty to take-back illegally shipped waste Requirements for financial guarantees
Take-back A shipment that cannot be completed as intended An illegal shipment
Take-back Immediately inform the other competent authorities Taken back by the notifier/competent authority/other person 90 days 30 days
Financial guarantees A shipment that cannot be completed as intended An illegal shipment
Financial guarantees Costs of transport Costs for recovery and disposal Costs for storage for 90 days
Financial guarantees Effective at the latest when the shipment starts Valid throughout shipment and recovery and disposal Environmental sound manner
Financial guarantees Interim recovery and disposal General notification Calculation of financial guarantees
Financial guarantees Transport costs Treatment costs
Basel Liability Protocol Directive 2004/35 on environmental liability
Shipments between Member States Environmental damage Joint and several liability Compulsory financial security Time-limits Defences
The way forward