European Regulation (EC) 1013 / 2006 establishes two procedures for the authorisation (or otherwise) of shipments of waste between member states of the European Union and certain other signatories of the OECD Decision and Basel Convention.
Application is made in the first instance to this Agency being the competent authority of dispatch. The required documentation is assessed and then sent to the competent authority of destination (EU country for waste going for recovery or nearest approved facility for waste destined for final disposal ). Copies of the documentation are also sent to any competent authority/ie of transit (if applicable). What procedure is applicable will depend on the nature of the waste and the treatment that it will receive.
The two procedures controlling the import to, or export from, Gibraltar of waste material are:
A. Full written Notification and Prior Authorization
B. Annex VII procedure for wastes included in the Green List and sent for recovery.
A. Full written Notification and Prior Authorisation
This procedure is applicable to the following wastes :
(a) All wastes destined for disposal
(b) The following wastes destined for recovery
- Wastes appearing in the Amber List (contained in Annex iv of Regulation 1013/2006)
- Wastes not classified in the Green List (contained in Annex iii of Regulation 1013/2006)
- Mixtures of unclassified wastes (i.e not appearing in the European Waste Catalogue
- Mixed municipal waste collected from private households
Required documentation financial guarantee to be submitted with application
- Completed Notification Document + 3 photocopies. This document is obtainable from our offices at 37, Town Range, Gibraltar.
- Completed Movement Document + 3 photocopies . This document is obtainable from our offices at 37, Town Range, Gibraltar.
- Copy of a valid contract between the Notifier and the consignee for the recovery or disposal of the notified waste, which must include the following conditions:
– On the Notifier …to take the waste back if the shipment or the recovery or disposal of the waste has not been completed as intended or if it has been effected as an illegal shipment, in accordance with Article 22 and Article 24 (2). ( EC Regulation 1013/2006)
– On the Consignee… to recover or dispose of the waste if it has been effected as an illegal shipment, in accordance with Article 24 (3). (EC Regulation 1013/2006)
– On the Disposal/Recovery Facility (if dfferent to consignee)… to provide a certificate that the waste has been recovered or disposed of in accordance with the Notification and conditions specified therein (EC Regulation 1013/2006)
- All shipments of waste for which notification is required shall be subject to the requirement of a financial guarantee or equivalent insurance covering:
– Costs of transport
– Costs of recovery or disposal
– Costs of storage for 90 days
The financial guarantee is established by the Notifier or by another natural or legal person on its behalf and it shall be effective at the time of the notification.
Environmental Agency, being the competent authority of dispatch, shall approve the financial guarantee or equivalent insurance, including the form, wording and amount of the cover.
The financial guarantee is released when the competent authority of dispatch has received a certificate from the recovery/disposal facility that the waste has been properly recovered or disposed of. (Article 16e Regfulation 1013/2006)
- The intended carriers of the waste must be authorised by all the competent authorities concerned and therfore copies of the Vehicle Permits must be attached
- Copies of civil lialbility insurances must be provided
- The proposed itinerary/route of the proposed movements must be attached
- Safety and security measures to be adopted while the waste is being transported must be stipulated
- The identity of the Consignee and the Disposal/Recovery Facility (if different), its location, details of the treatment process that the waste will receive and a copy of the Administrative Permit that allows this treatment to take place, must also be provided
- The identity/ies of the producer/s of the waste. Information on the origin, nature, quantity and composition of the waste, A physical/chemical analysis of the waste may be required.
- The names and contact details of all the competent authorities concerned with thetransit and acceptance of the waste must be provided by the Notifier
- Copy of the Application by the Notifier to the Disposal/Recovery Facility for the waste accepted there for recovery/disposal
- Copy of the Acceptance Certificate/Letter from the Disposal/Recovery Facility to the Notifier
B. Annex VII procedure for wastes included in the Green List and sent for recovery.
Wastes included in the Green List and sent for recovery (only applies to quantities over 20kg)
- Only wastes going for recovery and which are non-hazardous are subject to these controls.
Each movement of these wastes out of Gibraltar requires to be accompanied by the document that appears in Annex VII of Regulation (EC) 1013/2006 (these ‘Annex VII‘ forms are available at our offices at 37 Town Range) or may be downloaded here.
The ‘Annex VII’ document must be signed by:
- The person arranging the shipment. The completed document and contract (see below) must be presented to Environmental Agency prior to the export taking place. If everything is in order, the document will be counter-signed and stamped by an officer from the Agency.
- The consignee, on receipt of the waste.
- The recovery facility/laboratory, on receipt of the waste.
Contract (Article 18 Reg (EC) 1013/2006)
A written contract between the person arranging the shipment and the consignee for the recovery of the waste, which must be provided to the environmental Agency prior to any movements of waste taking pace and must include the following conditions:
– On the Person who arranges the Shipment …to take the waste back or ensure its recovery in an alternative way ; and to provide, if necessary, for its storage in the meantime…where the shipment of waste or its recovery cannot be completed as intended or where it has been effected as an illegal shipment.
– On the Consignee (where the person arranging the shipment is not in a position to complete the shipment of waste or its recovery (for example, is insolvent) …to take the waste back or ensure its recovery in an alternative way ; and to provide, if necessary, for its storage in the meantime… where the shipment of waste or its recovery cannot be completed as intended or where it has been effected as an illegal shipment.
