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Published byEvan Trujillo Modified over 10 years ago
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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
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The 1993 waste shipment regulation – need to modernise Need to implement Basel/OECD Global harmonisation required Problems of application/administration/enforcement Increased legal clarity
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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
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http://europa.eu.inthttp://europa.eu.int. http://europa.eu.int/prelexhttp://europa.eu.int/prelex.
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New waste shipment regulation Clarifies and simplifies the legal framework Strengthens the controls of waste shipments
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Illegal waste shipments No inspections – No problems The IMPEL Network Need to increase coordination and awareness
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Liability issues Duty to take-back illegally shipped waste Requirements for financial guarantees
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Take-back A shipment that cannot be completed as intended An illegal shipment
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Take-back Immediately inform the other competent authorities Taken back by the notifier/competent authority/other person 90 days 30 days
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Financial guarantees A shipment that cannot be completed as intended An illegal shipment
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Financial guarantees Costs of transport Costs for recovery and disposal Costs for storage for 90 days
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Financial guarantees Effective at the latest when the shipment starts Valid throughout shipment and recovery and disposal Environmental sound manner
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Financial guarantees Interim recovery and disposal General notification Calculation of financial guarantees
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Financial guarantees Transport costs Treatment costs
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Basel Liability Protocol Directive 2004/35 on environmental liability
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Shipments between Member States Environmental damage Joint and several liability Compulsory financial security Time-limits Defences
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The way forward
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