+Article 11 Conditions for shipments of waste destined for disposal
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Article 11 Conditions for shipments of waste destined for disposal

1. Overview

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Article 11 1.

Where a notification is submitted regarding a shipment destined for disposal in accordance with Article 5, the competent authorities of dispatch and of destination shall not give their consent to that shipment, within the 30-day limit referred to in Article 9(1), unless all the following conditions are fulfilled:

(a) 

the notifier demonstrates that:

(i) 

the waste cannot be recovered in a technically feasible and economically viable manner, or must be disposed of due to legal obligations under Union or international law;

(ii) 

the waste cannot be disposed of in a technically feasible and economically viable manner in the country where it was generated;

(iii) 

the planned shipment or disposal is in accordance with the waste hierarchy and the principles of proximity and self-sufficiency as laid down in Directive 2008/98/EC and the related waste is managed in environmentally sound manner in accordance with Article 59;

(b) 

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;

(c) 

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;

(d) 

the Member State of destination has not exercised its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous waste or of waste listed in Annex II to that Convention;

(e) 

the planned shipment and disposal is in accordance with national legislation relating to environmental protection, public order, public safety or health protection in the Member State where the competent authority is located;

(f) 

the planned shipment or disposal does not conflict with obligations resulting from international conventions concluded by the Member State or States concerned or the Union;

(g) 

the waste will be treated in accordance with legally binding environmental protection standards in relation to disposal under Union law or established in waste management plans drawn up pursuant to Article 28 of Directive 2008/98/EC, and, if the facility is covered by Directive 2010/75/EU, it shall apply best available techniques as defined in Article 3(10) of that Directive in compliance with the permit of the facility;

(h) 

the waste is neither mixed municipal waste collected from private households or from other waste producers or both, nor mixed municipal waste which has been subject to a waste treatment operation that has not substantially altered its properties.
Article 11 2.
By derogation from paragraph 1, point (a), where the notifier demonstrates that the waste concerned is produced in a Member State of dispatch in such a small quantity overall per year that the provision of new specialised disposal facilities within that Member State would not be economically viable, the conditions set out in paragraph 1, points (a)(ii) and (iii), shall not apply.
Article 11 3.
Where a competent authority of transit gives consent to a shipment in accordance with Article 9(1) only the conditions set out in paragraph 1, points (b), (c), (e) and (f), of this Article shall be considered.
Article 11 4.
Information on consents given by competent authorities in accordance with paragraph 1 shall be referred to in the report in accordance with Article 73. The Commission shall inform all Member States of such consents taken in the previous calendar year.
Article 11 5.
By 21 May 2027, the Commission shall adopt an implementing act establishing detailed criteria for the uniform application of the conditions laid down in paragraph 1, point (a), to specify how the technical feasibility and economic viability referred to in points (a)(i) and (ii) of that paragraph are to be demonstrated by notifiers and assessed by competent authorities. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 81(2).

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements

3. Related Standards

Standards