Laws and regulations concerning transfrontier shipment of waste are based on the Basel Convention. The EU has transposed the procedural rules of Basel Convetion into directly applicable European legislation taking into account OECD Council Decision C(92)39/ FINAL.
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Legal Basics in EU
In Germany and all other EU member states transfrontier shipments of waste are regulated by EC Regulation No 1013/2006 on shipments of waste (WSR), which is based on the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal of 22 March 1989 and the Decision of the OECD-Council C(2001)107/Final on the Control of Transboundary Movements of Wastes Destined for Recovery Operations. The WSR transposes the procedural rules of both regulations into directly applicable European legislation.
Based on the WSR a planned transfrontier shipment of waste has to be accompanied by certain information or requires prior written notification and consent depending on the intended disposal method, the country of destination and the classification of the waste. Waste is defined in the Waste Framework Directive. Concerning this definition the Commission has issued an interpretative communication on waste and by-products.
According to the the WSR a planned transfrontier shipment of waste is subject either to an information requirement or requires prior written notification and consent depending on the intended disposal method, the country of destination and the classification of the waste. Waste is defined in the Waste Framework Directive. Concerning this definition the Commission has issued an interpretative communication (in German) on waste and by-products.
For more detailed information and exceptions please refer to the text of the WSR. See also a more detailed description in this article. The table below provides a rough outline only.
Legal Basis in Germany
The Waste Movement Act (AbfVerbrG) lays down necessary supplementary provisions to the WSR, e.g. concerning the allocation of competencies. The administrative fees for consent to a shipment through Germany have been fixed by the Ordinance on Waste Shipment Charges (Abfallverbringungsgebührenverordnung).The fees for im- and export are regulated by corresponding regulations of the Federal States. The European Commission invites all Member State correspondents on a regular basis to discuss all questions concerning the implementation of the WSR. As a result of these meetings so called correspondents’ guidelines are issued.
In order to fight illegal shipments of waste a close cooperation of the responsible authorities (waste regulation authorities, customs and road control) is necessary.
Guidelines of the correspondents
The guidelines are agreed by the correspondents of the EU Member States on article 57 VVA conducted meeting. You are not legally binding. Following guidelines are agreed upon so far:
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