+46. cikk Az exportőrök kötelezettségei
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46. cikk Az exportőrök kötelezettségei

1. Áttekintés

,
Article 46 1.
The notifier or the person who arranges the shipment shall only export waste from the Union if it can demonstrate that the facilities which are to receive the waste in the country of destination will manage it in an environmentally sound manner as referred to in Article 59.
Article 46 2.
The notifier or person who arranges the shipment shall not export waste to a facility which does not comply with criteria laid down in Part B of Annex X.
Article 46 3.
In order to fulfil the obligation referred to in paragraph 1, the notifier or person who arranges the shipment intending to export waste from the Union shall ensure that the facilities which will manage the waste in the country of destination have been subject to an audit.

This audit shall be carried out by a third party which shall be independent from the notifier or person who arranges the shipment as well as from the audited facility and have appropriate qualifications in the areas of audits and waste treatment.

When commissioning an audit, the notifier or a person who arranges the shipment shall verify that the third party complies with the requirements laid down in Part A of Annex X and has been authorised or accredited by a national official body to perform audits as defined in this Article.
Article 46 4.
The audit referred to in paragraph 3 shall include both physical and documentary checks and shall verify compliance of the facility concerned with the criteria laid down in Part B of Annex X.
Article 46 5.
A notifier or person who arranges the shipment intending to export waste shall ensure, prior to exporting waste, that the facility which will manage the waste in the country of destination has been subject to an audit referred to in paragraph 3 carried out no longer than two years prior to exporting waste to the facility concerned and which has demonstrated compliance of the facility with the criteria in Part B of Annex X.

With a view to fulfilling this obligation, the notifier or a person who arranges the shipment shall either:

(a) 

commission an audit in accordance with this Article;

(b) 

acquire the report of an audit commissioned in accordance with this Article by another notifier or person who arranges the shipment, which was made available in accordance with paragraph 6, after verifying that the audit had been conducted in accordance with paragraphs 3 and 4 and demonstrated compliance of the facility with the criteria laid down in Part B of Annex X; or

(c) 

acquire the report of an audit commissioned in accordance with this Article by the facility itself, which was notified to the register referred to in paragraph 8 in accordance with paragraph 7, second subparagraph, after verifying that the audit had been conducted in accordance with paragraphs 3 and 4 and demonstrated compliance of the facility with the criteria laid down in Part B of Annex X.

The notifier or person who arranges the shipment shall also commission an ad hoc audit without delay in case it receives reliable information that a facility no longer complies with the criteria laid down in Part B of Annex X. Where the ad hoc audit demonstrates that a facility no longer complies with the criteria laid down in Part B of Annex X, the notifier or the person who arranges the shipment shall immediately stop the export of waste to that facility and inform the competent authorities of dispatch concerned.
Article 46 6.
A notifier or person who arranges the shipment that has commissioned an audit for a given facility in accordance with paragraph 3 shall ensure that such audit be made available to other notifiers or persons who arrange shipments intending to export waste to the facility in question, under fair commercial conditions.
Article 46 7.

A notifier or a person who arranges the shipment shall notify the Commission of audits they have commissioned in accordance with paragraphs 3 and 5, and which have demonstrated compliance of a facility with the criteria laid down in Part B of Annex X. The notification shall contain the following information:

(a) 

name and contact details of the facility that has been subject to the audit;

(b) 

name and contact details of the notifier or the person who arranges the shipment which commissioned the audit;

(c) 

name and contact details of the third party that has carried out the audit;

(d) 

the date of the audit;

(e) 

the types of waste, as listed in Annex III, IIIA, IIIB or IV or in the list of waste referred to in Article 7 of Directive 2008/98/EC;

(f) 

the recovery operations (R-codes), as referred to in Annex II of Directive 2008/98/EC.

A notifier or a person who arranges the shipment may notify the Commission of an audit commissioned by the audited facility itself, provided that the notifier or the person who arranges the shipment has verified that the audit had been conducted in accordance with paragraphs 3 and 4 and demonstrated compliance of the facility with the criteria laid down in Part B of Annex X. Such notification shall contain information in accordance with the first subparagraph, points (a) and (c) to (f).
Article 46 8.
The Commission shall establish and keep an up to date register with information received in accordance with paragraph 7. The Commission shall make the information in the register publicly available.
Article 46 9.
Upon request by a competent authority or an authority involved in inspections, a notifier or person who arranges the shipment shall provide documentary evidence that audits as referred to in paragraph 3 have been carried out in all facilities to which they are exporting the waste in question. Such documentary evidence shall be provided in a language acceptable to the authorities concerned.
Article 46 10.
A notifier or person who arranges the shipment exporting waste outside the Union shall on a yearly basis make information on how they comply with their obligations under this Article publicly available by electronic means.
Article 46 11.
Where an international agreement between the Union and a third country to which the OECD Decision applies recognises that the facilities in that third country will manage waste in an environmentally sound manner, as referred to in Article 59 and in accordance with the criteria laid down in Part B of Annex X, notifiers or persons who arrange shipments intending to export waste to that third country shall be exempted from the obligation laid down in paragraphs 3 to 7 and 9.

A notifier or a person who arranges the shipment exporting waste from the Union to a facility in a third country with which the Union has concluded an international agreement shall carry out ad hoc audit without delay in the event it receives reliable information that a facility no longer complies with the criteria laid down in Part B of Annex X. The notifier or person who arranges the shipment shall in such a case notify the competent authorities of dispatch of that reliable information as well as its plans to carry out an ad hoc audit.

Where an ad hoc audit demonstrates that a facility no longer complies with the criteria laid down in Part B of Annex X, the notifier or the person who arranges the shipment shall immediately stop the export of waste to that facility and inform the competent authorities of dispatch concerned.
Article 46 12.
The Commission shall make the relevant international agreements referred to in paragraph 11 publicly available on its website.
Article 46 13.
The Commission may adopt guidelines with regard to the application of this Article.

1.1 Hivatkozások

1.2 Azonosított követelmények

1.3 Kapcsolódó szabványok

2. Azonosított követelmények

Követelmények

3. Kapcsolódó szabványok

Szabványok