+Articolul 40 Interzicerea exporturilor de deșeuri nepericuloase
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Articolul 40 Interzicerea exporturilor de deșeuri nepericuloase

1. Prezentare generală

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Article 40 1.

Exports from the Union of the following wastes destined for recovery in countries to which the OECD Decision does not apply shall be prohibited:

(a) 

non-hazardous wastes listed in Annex III or Annex IIIB and mixtures of non-hazardous wastes listed in Annex IIIA;

(b) 

non-hazardous wastes and mixtures of non-hazardous wastes included in the list of waste referred to in Article 7 of Directive 2008/98/EC, when not already listed in Annex III, Annex IIIA or Annex IIIB;

(c) 

non-hazardous wastes and mixtures of non-hazardous wastes not classified under one single entry in Annex III, Annex IIIA or Annex IIIB or in the list of waste referred to in Article 7 of Directive 2008/98/EC;

(d) 

non-hazardous wastes classified under the entry AB130, AC250, AC260 or AC270.
Article 40 2.
Paragraph 1 shall not apply to exports of wastes or mixtures of wastes destined for recovery to a country included in the list of countries established in accordance with Article 41, for the non-hazardous wastes and mixtures of non-hazardous wastes specified in that list.

Such export may only take place on the condition that the waste is:

(a) 

destined for a facility licensed under the domestic legislation of the country concerned to undertake recovery operations for that waste;

(b) 

not destined for interim operations, unless all subsequent non-interim or interim recovery operations would take place in the same country of destination or in other countries for which the related waste is included in the list referred to in Article 41.
Article 40 3.

Exports allowed in accordance with paragraph 2 shall:

(a) 

for wastes listed in Annex IX to the Basel Convention other than classified under entry B3011, be subject to the general information requirements laid down in Article 18 or, where the country concerned so indicates in the request referred to in Article 42, the procedure of prior written notification and consent;

(b) 

for waste classified under entry B3011, be subject to the procedure of prior written notification and consent;

(c) 

for non-hazardous wastes and mixtures of non-hazardous wastes not listed in Annex IX to the Basel Convention, be subject to the procedure of prior written notification and consent.
Article 40 4.
In the case of exports in accordance with paragraph 2, the provisions of Title II shall apply mutatis mutandis.

Where such exports are subject to the general information requirements laid down in Article 18, the person who arranges the shipment shall ensure that the information to be provided by the facility pursuant to Article 18(8) and (9) is submitted via a system referred to in Article 27, unless the facility is connected to a system referred to in Article 27.

Where such exports are subject to the procedure of prior written notification and consent, the procedures referred to in Article 38 shall apply with the following adaptations:

(a) 

Article 4(5) and Article 14 shall not apply;

(b) 

when the removal from the list referred to in Article 41 of a country or of certain wastes or mixtures of wastes has entered into force, the competent authority of dispatch shall withdraw its written consent for any notification related to such country or to such wastes or mixtures of wastes.

1.1 Referințe

1.2 Cerințe identificate

1.3 Standarde asociate

2. Cerințe identificate

Cerințe

3. Standarde asociate

Standarde