+Artikel 12 Einwände gegen Verbringungen von zur Verwertung bestimmten Abfällen
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Artikel 12 Einwände gegen Verbringungen von zur Verwertung bestimmten Abfällen

1. Übersicht

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Article 12 1.

Where a notification is submitted regarding a shipment of waste destined for recovery in accordance with Article 5, the competent authorities of destination and dispatch may, within the 30-day time limit referred to in Article 9(1), raise reasoned objections based on one or more of the following grounds:

(a) 

the shipment or recovery would not be in accordance with Directive 2008/98/EC;

(b) 

the waste concerned will not be treated in accordance with waste management plans or waste prevention programmes drawn up by the countries of dispatch or destination, respectively, pursuant to Articles 28 and 29 of Directive 2008/98/EC;

(c) 

the shipment or recovery would not be in accordance with national legislation relating to environmental protection, public order, public safety or health protection concerning actions taking place in the country of the objecting competent authority;

(d) 

the shipment or recovery would not be in accordance with national legislation in the country of dispatch relating to the recovery of waste and to the recovery or disposal of residual waste generated through the recovery of the waste concerned, including where the shipment would concern waste destined for recovery in a facility which has lower treatment standards for the particular waste than those of the country of dispatch, respecting the need to ensure the proper functioning of the internal market, unless:

(i) 

there is corresponding Union legislation, in particular related to waste, and requirements that are at least as stringent as those laid down in such Union legislation have been introduced in national law implementing such Union legislation;

(ii) 

the recovery and the recovery or disposal of residual waste generated through the recovery of the waste concerned in the country of destination is carried out under conditions that are considered equivalent to those prescribed in the national legislation of the country of dispatch;

(iii) 

the national legislation in the country of dispatch, other than that covered by point (i), has not been notified in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council ( 9 ), where required by that Directive;

(e) 

limiting incoming shipments of waste destined for recovery operations other than recycling and preparing for re-use is necessary for a Member State in order to protect its waste management network, where it is expected, based on available information, that such shipments would result in domestic waste having to be disposed of or treated in a way that is not consistent with its waste management plans;

(f) 

the competent authorities concerned do not have information that the notifier or the consignee has been convicted of carrying out an illegal shipment or any other illegal act in relation to environmental or human health protection in the 5 years prior to the submission of the notification;

(g) 

the competent authorities concerned do not have information that the notifier or the facility has, in the 5 years prior to the submission of the notification, repeatedly failed to comply with Articles 15 and 16 in connection with past shipments;

(h) 

the shipment or recovery conflicts with obligations resulting from international conventions concluded by the Member State or States concerned or by the Union;

(i) 

the ratio of the recoverable and non-recoverable waste, the estimated value of the materials to be finally recovered or the cost of the recovery and the cost of the disposal of the non-recoverable fraction of the waste do not justify the recovery, having regard to economic or environmental considerations;

(j) 

the waste is destined for disposal and not for recovery;

(k) 

the waste will not be treated in accordance with legally binding environmental protection standards in relation to recovery operations, or with recovery or recycling obligations established in Union legislative acts, or the waste will be treated in a facility which is covered by Directive 2010/75/EU but which does not apply the best available techniques as defined in Article 3(10) of that Directive.
Article 12 2.
The competent authorities of transit may, within the 30-day time limit referred to in paragraph 1, raise reasoned objections to the shipment of waste destined for recovery. Any such objection shall be based only on the grounds set out in paragraph 1, points (c), (f), (g) and (h).
Article 12 3.
Where, within the 30-day time limit referred to in paragraph 1, the competent authorities consider that the problems which gave rise to their objections have been resolved, they shall immediately inform the notifier thereof.
Article 12 4.
Where the problems giving rise to the objections are not resolved within the 30-day time limit referred to in paragraph 1, the notification of the shipment of waste destined for recovery shall cease to be valid. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.
Article 12 5.
Objections raised by competent authorities on the grounds set out in paragraph 1, points (d) and (e), of this Article and the reasons for those objections shall be communicated to the Commission in accordance with Article 73.
Article 12 6.
In accordance with Article 9(2), the competent authorities shall inform the notifier of the reasons for their objections to a shipment.
Article 12 7.
The Member States of dispatch shall inform the Commission and the other Member States of the national legislation on which objections raised by competent authorities in accordance with paragraph 1, point (d), may be based, and shall state to which waste and recovery operations as well as the recovery or disposal operations of residual waste generated through the recovery of the waste concerned those objections apply, before such national legislation is invoked as grounds for reasoned objections.

The Member States of destination shall inform the Commission and the other Member States of decisions or national legislation on which objections raised by competent authorities in accordance with paragraph 1, point (e), may be based and shall state to which waste and recovery operations those objections apply, before such decisions or national legislation is invoked as grounds for reasoned objections.

1.1 Referenzen

1.2 Identifizierte Anforderungen

1.3 Zugehörige Standards

2. Identifizierte Anforderungen

Anforderungen

3. Zugehörige Standards

Standards