Figure 2.30: Difference between Amounts “Imported” and “Exported” Normalized Relative to “Export” and “Import” for 2015, in %

A positive number here indicates imports are higher than exports by e.g. 84% in 2001.

A positive number here indicates imports are higher than exports by e.g. 4% in 2006.

A positive number here indicates imports are higher than exports by e.g. 12% in 2001.

3 The export in 2012 and 2013 from EU to non-OECD countries stems from export of waste from Croatia to Serbia. This shipment does not violate the Basel convention because Croatia was not an EU member state at the time when the shipment took place.

2 Italy has reported the waste as hazardous for incineration although it has been classified as OECD-code B3140 for 2009 which are normally regarded as non-hazardous waste. Slovenia has reported the waste as hazardous for incineration although it has been classified as OECD-code B1010, B3020, B3140, which is normally regarded as non-hazardous waste.

1 The Netherlands has provided information that in their Basel reports they have issued ”other hazardous waste” for all waste which could not be classified otherwise, i.e. by using one of the Basel Convention’s Y-code (Y1 to Y47). However, hazardous waste (as defined by the European Waste List) has not been transported out of the EU to non-OECD countries. This illustrates a classification problem encountered by many Member States. Within the EU the waste is predominately classified according to the European Waste List. As there is no unique relation between the EWL-codes and the Basel-codes, Member States haven to find solutions for waste that cannot be classified by one of the Y-codes in the Basel Convention. The French figures for 2008 and 2009 cover export of B1010 (metal waste) and B3080 (waste parings and scrab of rubber). Therefore, these waste belong to Annex IX to the Basel Convention and the Annex III to the Regulation (EC) No 1013/2006 (green listed waste) and they seem to have been misreported as hazardous waste.

2 The export in 2012 and 2013 from EU to non-OECD countries stems from export of waste from Croatia to Serbia. This shipment does not violate the Basel convention because Croatia was not an EU member state at the time when the shipment took place.

1 The Netherlands has provided information that in their Basel reports they have issued ”other hazardous waste” for all waste which could not be classified otherwise, i.e. by using one of the Basel Convention’s Y-code (Y1 to Y47). However, hazardous waste (as defined by the European Waste List) has not been transported out of the EU to non-OECD countries. This illustrates a classification problem encountered by many Member States. Within the EU the waste is predominately classified according to the European Waste List. As there is no unique relation between the EWL-codes and the Basel-codes, Member States have to find solutions for waste that cannot be classified by one of the Y-codes in the Basel Convention.

Deep injection, (e.g., injection of pumpable discards into wells, salt domes of naturally occurring repositories, etc.)

Land treatment, (e.g., biodegradation of liquid or sludgy discards in soils, etc.)

No R or D code reported by the Member State

The exact D code is not specified

Repackaging prior to submission to any of the operations in Section A

Blending or mixing prior to submission to any of the operations in Section A

Storage pending any of the operations in Section A

Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations in Section A

Specially engineered landfill, (e.g., placement into lined discrete cells which are capped and isolated from one another and the environment, etc.)

Mix of 2 or more R and D codes

Physico chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are discarded by means of any of the operations in Section A, (e.g., evaporation, drying, calcination, neutralization, precipitation, etc.)

Deposit into or onto land, (e.g., landfill, etc.)

Waste reportings, where it could not be determined whether the waste was subject to recovery or disposal treatment, are excluded from this table.

The exact R code is not specified

Uses of residual materials obtained from any of the operations numbered R1-R10

Used oil re-refining or other reuses of previously used oil

Accumulation of material intended for any operation in Section B

Exchange of wastes for submission to any of the operations numbered R1-R11

Mix of 2 or more R and D codes

Recycling/reclamation of organic substances which are not used as solvents

Use as a fuel (other than in direct incineration) or other means to generate energy

2.4Import and Export of Waste within the EU and to and from Countries Outside the EU

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

*The export in 2012 and 2013 from EU to non-OECD countries stems from export of waste from Croatia to Serbia. This shipment does not violate the Basel Convention because Croatia was not an EU Member State at the time when the shipment took place.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment.

The term “Mix” refers to notifications of waste where a mix of Recovery and Disposal codes have been used to classify the treatment. The term “Not specified” refers to notifications of waste where the treatment type is not reported.

Not Possible to Classify as HW but Belonging to Annex IV Part II

Not possible to classify as HW but belonging to Annex IV part II

*Cyprus: significant changes from 2011/2012 to 2013 refer to green listed waste from Cyprus to OECD countries that do not need prior notification procedure, which were reported in 2011 and 2012 and not reported after CRI recommendation in 2013.

* information is presented for the most recent year available

Table 2 5 shows figures reported by Member States which do not cover all hazardous wastes generated, due to the fact that many hazardous waste streams were reported by Members States as “unlisted wastes” without a Y code. This has therefore created inconsistency between the figures presented here and those presented in Table 2 1 above, which are higher.

NOTE: DUE TO LACK OF DATA THE FOLLOWING APPROXIMATIONS HAVE BEEN CARRIED OUT:

France (FR): 2004 data used for 2005 and 2006, 2008 data used for 2009-2015

NOTE: DUE TO LACK OF DATA THE FOLLOWING APPROXIMATIONS HAVE BEEN CARRIED OUT:

2.0Section A: Data on Generation, Treatment and Shipment of Hazardous Waste in the EU Member States (Basel Convention)

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Article 51 (2) pertaining to the EU Questionnaire on the WSR

It should be noted that the Basel Convention uses the terms "import" and "export" for every shipment into and out of a country that is Party to the Convention. Under EU law these terms apply only to shipments into and out of the EU as a whole. However, for the sake of readability, in the Implementation Report accompanying this working document the terms appear in inverted commas, and are used occasionally for waste shipments in general (i.e. as applied in the Basel Convention). In this document both terms appear in the sense in which they are used in the Basel Convention.

For practical reasons, the report does not differentiate between direct quotes from the Member States’ replies and other re-phrased or shortened passages. The original replies from the Member States constitute the only “authentic” document submitted by the Member States.

A summary of the state of reporting for the Basel Convention Implementation Questionnaire in regards to Article 51(1) of the Waste Shipment Regulation (WSR), and the WSR Implementation Questionnaire in regards to Article 51(2) of the WSR for the years 2013-2015 is shown in Table 1 1 .

·Section E: Summarises Member States’ provisions regarding waste management in line with the Waste Shipment Regulation. This information was provided by Member States in their responses to the Waste Shipment Regulation Implementation Questionnaire.

·Section D: Provides a list of the Y-codes for waste according to the Basel Convention; and

·Section C: Provides an up-to-date list of the Competent Authorities to the Basel Convention. This information was provided by Member States in their responses to the Basel Convention Implementation Questionnaire;

·Section B: Summarises Member States’ provisions regarding waste management in line with the Basel Convention. This information was provided by Member States in their responses to the Basel Convention Implementation Questionnaire;

·Section A: Provides a quantitative outline of Member States’ waste transactions. This information was provided by Member States in their responses to the Basel Convention Implementation Questionnaire;

The report is comprised of five sections and contains both quantitative and qualitative information on waste generation and treatment:

This working document to the Report from the Commission to the Council and the European Parliament contains information on the generation, treatment and transboundary shipment of hazardous waste and other waste in the Member States of the European Union (EU), 2013-2015.

Table 566: Slovakia, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)579

Table 565: Netherlands, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)579

Table 564: Malta, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)578

Table 563: Luxembourg, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)578

Table 562: Hungary, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)576

Table 561: Germany, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)573

Table 560: Cyprus, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)573

Table 559: Croatia, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)572

Table 558: Penalties that can be Imposed for Illegal Shipments of Waste569

Table 517: United Kingdom, 2013 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))406

Table 516: Greece, 2015 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))406

Table 515: Greece, 2014 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))405

Table 514: Greece, 2013 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))405

Table 513: Finland, 2015 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))404

Table 512: Finland, 2014 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))403

Table 511: Finland, 2013 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))402

Table 59: Questions 12 & 13 - Information on Spot Checks on Shipments of Waste or on the Related Recovery or Disposal365

Table 57: Question 10 - Information on the Member States’ System for the Supervision and Control of shipments of Waste Exclusively within their Jurisdiction330

Table 56: Questions 4 & 5 - Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-sufficiency328

Table 55: Question 3 - Information on the Prohibition of the Import of Waste324

Table 54: Question 2 - Information on the Measures Taken to Object Systematically to Shipments of Waste between Member States320

Table 53: Question 1 - Information on the Measures Taken to Prohibit Generally or Partially Shipments of Waste between Member States311

Table 51: Questionnaire for Member States’ Reporting Obligation pursuant to Article 51(2) of Regulation (EC) No 1013/2006302

Table 05: Information from Member States on Accidents Occurring during the Transboundary Movement and Disposal of Hazardous Wastes and Other Wastes286

Table 04: Information from Member States on Shipments which did not Proceed as Intended236

Table 03: Information from Member States on Disposal and Recovery Facilities Operated within the National Jurisdiction219

Table 02: Information from Member States Concerning Bilateral, Multilateral or Regional Agreements or Arrangements214

Table 01: Responses from Member States on the Effects of Waste on Human Health and the Environment207

Figure 2.30: Difference between Amounts “Imported” and “Exported” Normalized Relative to “Export” and “Import” for 2015, in %109

Table 251: Difference between Amounts “Imported” and “Exported” Normalized Relative to “Export” and “Import”, 2013-2015, in %108

Table 250: Difference between Reported “Export” and “Import” of All Other Notified Wastes (i.e. excluding Hazardous Waste) between EU Countries, 2001-2015, in 1,000 tonnes107

Table 249: Difference between Reported “Export” and “Import” of Hazardous Waste between EU Countries, 2001-2015, in 1,000 tonnes106

Table 248: Difference between “Export” and “Import” of All Notified Waste between EU Countries, 2001-2015, in 1,000 tonnes105

Figure 2.29: Import of Hazardous Waste into the EU (all treatments), 2001-2015, in tonnes104

Table 247: Import of Hazardous Waste into the EU from OECD Countries (non-EFTA) (all treatments), 2001-2015, in tonnes102

Table 246: Import of Hazardous Waste into the EU from EFTA Countries (all treatments), 2001-2015, in tonnes100

Table 245: Import of Hazardous Waste into the EU from non-OECD Countries (all treatments), 2001-2015, in tonnes98

Figure 2.28: Export of Hazardous Waste out of the EU (all treatments), 2001-2015, in tonnes97

Table 244: Export of Hazardous Waste out of the EU to OECD Countries (non-EFTA) (all treatments), 2001-2015, in tonnes95

Table 243: Export of Hazardous Waste out of the EU to EFTA Countries (all treatments), 2001-2015, in tonnes93

Table 242: Export of Hazardous Waste out of the EU to non-OECD Countries (all treatments), 2001-2015, in tonnes91

Table 241: Import and Export of Hazardous Waste from and to Countries outside the EU, 2001-2015, in tonnes89

Table 240: Shipments for Recovery of Y46 from a Member State to Different Destinations, 2013-2015, in tonnes87

Table 239: Shipments for Disposal of Y46 from a Member State to Different Destinations, 2013-2015, in tonnes85

Figure 2.27: Top Treatment of all Notified Waste Exported by EU Member States, 2013-2015, in 1,000 tonnes84

Table 238: Top Treatment (Disposal) of All Notified Waste Exported by EU Member States, 2001-2015, in 1,000 tonnes82

Table 237: Top Treatment (Recovery) of All Notified Waste Exported by EU Member States, 2001-2015, in 1,000 tonnes80

Figure 2.25: All Hazardous Waste and Other Notified Wastes Shipped into EU-groups, 2001-2015, in 1,000 tonnes77

Table 235: All Hazardous Waste and Other Notified Wastes Shipped into EU-groups, 2001-2015, in 1,000 tonnes76

Figure 2.24: Treatment of Hazardous Waste Shipped into Member States in 2013, in % distribution75

Table 234: Treatment of Hazardous Waste Shipped into Member States in 2013, in tonnes74

Figure 2.23: Treatment of Hazardous Waste Shipped into Member States in 2014, in % distribution73

Table 233: Treatment of Hazardous Waste Shipped into Member States in 2014, in tonnes72

Figure 2.22: Treatment of Hazardous Waste Shipped into Member States in 2015, in % distribution71

Table 232: Treatment of Hazardous Waste Shipped into Member States in 2015, in tonnes70

Figure 2.20: Distribution of Imported Waste by Waste Type in 2013, in % distribution68

Table 230: Distribution of Imported Waste by Waste Type in 2013, in tonnes67

Figure 2.19: Distribution of Imported Waste by Waste Type in 2014, in % distribution66

Table 229: Distribution of Imported Waste by Waste Type in 2014, in tonnes65

Figure 2.18: Distribution of Imported Waste by Waste Type in 2015, in % distribution64

Table 228: Distribution of Imported Waste in by Waste Type 2015, in tonnes63

Figure 2.17: Import of Hazardous and All Other Notified Waste into Member States, 2001-2015, in kg per capita62

Table 227: Import of Hazardous and All Other Notified Waste into Member States, 2001-2015, in kg per capita60

Table 226: Import of Hazardous and Other Notified Waste into Member States, 2001-2015, in 1,000 tonnes58

Figure 2.9: Total EU-28 Distribution of All Reported Export of Waste, 2001-2015, in million tonnes41

Table 217: Total EU-28 Distribution of All Reported Export of Waste, 2001-2015, in tonnes40

Table 216: Distribution of All Reported Export Waste by Waste Type in 2013, in tonnes38

Table 215: Distribution of All Reported Export Waste by Waste Type in 2014, in tonnes

Table 214: Distribution of All Reported Export Waste by Waste Type in 2015, in tonnes

Figure 2.8: Distribution of All Reported Export Waste by Waste Type in 2013, in % distribution

Table 213: Distribution of All Reported Export Waste by Waste Type in 2013, in tonnes

Figure 2.7: Distribution of All Reported Export Waste by Waste Type in 2014, in % distribution

Table 212: Distribution of All Reported Export Waste by Waste Type in 2014, in tonnes

Figure 2.6: Distribution of All Reported Export Waste by Waste Type in 2015, in % distribution

Table 211: Distribution of All Reported Export Waste by Waste Type in 2015, in tonnes

Figure 2.5: Export of All Notified Waste, 2013-2015, in kg per capita

Table 210: Export of All Notified Waste, 2001-2015, in kg per capita

Figure 2.4: Export of Hazardous Waste out of Each Member State in Relation to Generation in 2015, in % distribution

Table 28: Export of Hazardous Waste in Relation to Generation, in 1,000 tonnes

Figure 2.2: Waste Generation of Hazardous Waste and Other Waste in Selected EU Member States, as Distributed on Y-codes in 2015, in 1,000 tonnes

Table 25: Waste Generation of Hazardous Waste and Other Waste in Selected EU Member States, as Distributed on Y-codes in 2015, in 1,000 tonnes

Figure 2.1: Total Generation of All Notified Waste Per Capita in EU Member States, 2013-2015, in kg per capita

Table 24: Total Generation of All Notified Waste Per Capita in Member States, 2013-2015, in kg per capita

Table 23: Total Generation of Other Notified Waste Per Capita in EU Member States, 2013-2015, in kg per capita

Table 22: Total Generation of Hazardous Waste Per Capita in Member States, 2013-2015, in kg per capita (includes estimated values)

Table 11: Table of Member State Replies to the Implementation Questionnaires for 2013-2015

5.4.6 Table 6 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55) 572

5.4.1 Table 1 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3)) 401

5.3.7 Questions 12 & 13 - Information on Spot Checks on Shipments of Waste or on the Related Recovery or Disposal 364

5.3.5 Question 10 - Information on the Member States’ System for the Supervision and Control of shipments of Waste Exclusively within their Jurisdiction 329

5.3.4 Questions 4 & 5 - Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-sufficiency 327

5.3.3 Question 3 - Information on the Prohibition of the Import of Waste 323

5.3.2 Question 2 - Information on the Measures Taken to Object Systematically to Shipments of Waste between Member States 319

5.3.1 Question 1 - Information on the Measures Taken to Prohibit Generally or Partially Shipments of Waste between Member States 310

5.3 Additional Details and Remarks of Member States to the European Commission Questionnaire 310

5.2 Questionnaire Replies for Member States’ Reporting Obligation pursuant to Article 51 (2) of Regulation (EC) No 1013/2006 305

5.1 Questionnaire for Member States’ Reporting Obligation pursuant to Article 51 (2) of Regulation (EC) No 1013/2006 302

5.0 Section E: Summary of the Data Supplied by the Member States on the basis of the Waste Shipment Regulation Questionnaire; 2013-2015 302

2.6.28 Table 10 of the of the Basel Convention Questionnaire on Accidents Occurring during the Transboundary Movement and Disposal of Hazardous Wastes and Other Wastes 286

2.6.27 Table 9 of the of the Basel Convention Questionnaire on Disposals which did not Proceed as Intended 236

2.6.26 Tables 2 and 3 of the Basel Convention Questionnaire on Disposal Facilities Operated within the National Jurisdiction 219

2.6.25 Table 1 of the Basel Convention Questionnaire on Bilateral, Multilateral or Regional Agreements or Arrangements in Force 214

2.6.24 Question 7: Information on the Effects of the Generation, Transportation and Disposal of Hazardous Wastes and Other Wastes on Human Health and the Environment or Information on where this could be found 207

2.6.23 Question 6: Measures Taken for the Reduction of the Amount of Hazardous Wastes and Other Wastes Subject to Transboundary Movement 193

2.6.22 Question 5: Measures Taken for the Reduction and/or Elimination of the Amount of Hazardous Wastes and Other Wastes Generated 156

2.6.21 Question 4(d): Border Control of Export/Import/Transit of Hazardous Wastes and Other Wastes is Established 154

2.6.20 Question 4(c): Additional Information Requirements in addition to those listed under Annex V (A and B) of the Basel Convention 151

2.6.18 Question 4(a): Use and Acceptance of the Document Forms of the Basel Convention in the Control of Transboundary Movement of Hazardous and Other Wastes 149

2.6.17 Questions 3(f): Restrictions of the Transit of Hazardous Waste and Other Wastes 148

2.6.16 Questions 3(e): Restrictions on the Import of Hazardous Wastes and Other Wastes for Recovery (Annex IVB) 146

2.6.15 Question 3(d): Restrictions on the Import of Hazardous Wastes and Other Wastes for Final Disposal (Annex IVA) 143

2.6.14 Questions 3(c): Restrictions on the Export of Hazardous Wastes and Other Wastes for Recovery (Annex IVB) 140

2.6.13 Question 3(b): Restrictions on the Export of Hazardous Wastes and Other Wastes for Final Disposal (Annex IVA) 137

2.6.12 Question 3(a): Implementation of the Amendment to the Basel Convention (Decision III/1) 135

2.6.11 Question 2(g)(ii) Other Wastes that Require Special Consideration when Subjected to Transboundary Movement 134

2.6.10 Question 2(g)(i) Requirements (procedures) Concerning Transboundary Movements that are Applicable to the Wastes Listed under Question 2(f) 133

2.6.9 Question 2(f): The Coverage of the National Definition of Hazardous Waste 131

2.6.8 Question 2(e): The Source or Basis of the Definition of Hazardous Waste 130

2.6.7 Question 2(d)(ii): Significant Changes to the National Definition of Hazardous Waste

2.6.6 Question 2(d)(i): Other Wastes that Require Special Consideration when Subjected to Transboundary Movement

2.6.4 Question 2(b): National Definition of Hazardous Waste Used for the Purpose of Transboundary Movements of Waste

2.6.3 Question 2(a): National Definition of Waste Used for the Purpose of Transboundary Movements of Waste

2.6 Questionnaire on “Transmission of Information” (in accordance with Articles 13 & 16 of the Basel Convention)

Section B: Summary of the Data Supplied by Member States on the Basis of the Basel Convention Questionnaire; 2013-2015

2.4 Import and Export Waste from and to Countries outside the EU

2.0 Section A: Data on Generation, Treatment and Shipment of Hazardous Waste in the EU Member States (Basel Convention)

on the implementation of Regulation (EC) No 1013/2006 on shipments of waste Generation, treatment and transboundary shipment of hazardous waste and other waste in the Member States of the European Union, 2013-2015; exercise of the power to adopt delegated acts

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL

EUROPEAN COMMISSION Brussels, 22.11.2018 SWD(2018) 468 final COMMISSION STAFF WORKING DOCUMENT Accompanying the document REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the implementation of Regulation (EC) No 1013/2006 on shipments of waste



Generation, treatment and transboundary shipment of hazardous waste and other waste in the Member States of the European Union, 2013-2015;

exercise of the power to adopt delegated acts

{COM(2018) 762 final}



Contents 1.0 General Introduction 2.0 Section A: Data on Generation, Treatment and Shipment of Hazardous Waste in the EU Member States (Basel Convention) 2.1 Generation of Waste 2.2 Shipment of Waste out of EU Member States 2.3 Shipment of Waste into EU Member States 2.4 Import and Export Waste from and to Countries outside the EU 2.5 Differences between Reported Amounts of “Import” and “Export” Section B: Summary of the Data Supplied by Member States on the Basis of the Basel Convention Questionnaire; 2013-2015 2.6 Questionnaire on “Transmission of Information” (in accordance with Articles 13 & 16 of the Basel Convention) 2.6.1 Question 1(a): Designated Competent Authority to the Basel Convention 2.6.2 Question 1(b): Designated Focal Points to the Basel Convention 2.6.3 Question 2(a): National Definition of Waste Used for the Purpose of Transboundary Movements of Waste 2.6.4 Question 2(b): National Definition of Hazardous Waste Used for the Purpose of Transboundary Movements of Waste 2.6.5 Question 2(c): Regulation/Control of Additional Wastes as Hazardous 2.6.6 Question 2(d)(i): Other Wastes that Require Special Consideration when Subjected to Transboundary Movement 2.6.7 Question 2(d)(ii): Significant Changes to the National Definition of Hazardous Waste 2.6.8 Question 2(e): The Source or Basis of the Definition of Hazardous Waste 130 2.6.9 Question 2(f): The Coverage of the National Definition of Hazardous Waste 131

2.6.10 Question 2(g)(i) Requirements (procedures) Concerning Transboundary Movements that are Applicable to the Wastes Listed under Question 2(f) 133 2.6.11 Question 2(g)(ii) Other Wastes that Require Special Consideration when Subjected to Transboundary Movement 134 2.6.12 Question 3(a): Implementation of the Amendment to the Basel Convention (Decision III/1) 135 2.6.13 Question 3(b): Restrictions on the Export of Hazardous Wastes and Other Wastes for Final Disposal (Annex IVA) 137 2.6.14 Questions 3(c): Restrictions on the Export of Hazardous Wastes and Other Wastes for Recovery (Annex IVB) 140 2.6.15 Question 3(d): Restrictions on the Import of Hazardous Wastes and Other Wastes for Final Disposal (Annex IVA) 143 2.6.16 Questions 3(e): Restrictions on the Import of Hazardous Wastes and Other Wastes for Recovery (Annex IVB) 146 2.6.17 Questions 3(f): Restrictions of the Transit of Hazardous Waste and Other Wastes 148 2.6.18 Question 4(a): Use and Acceptance of the Document Forms of the Basel Convention in the Control of Transboundary Movement of Hazardous and Other Wastes 149 2.6.19 Question 4(b): Acceptable Language(s) to receive the Notification and Movement Document Forms 150 2.6.20 Question 4(c): Additional Information Requirements in addition to those listed under Annex V (A and B) of the Basel Convention 151 2.6.21 Question 4(d): Border Control of Export/Import/Transit of Hazardous Wastes and Other Wastes is Established 154 2.6.22 Question 5: Measures Taken for the Reduction and/or Elimination of the Amount of Hazardous Wastes and Other Wastes Generated 156 2.6.23 Question 6: Measures Taken for the Reduction of the Amount of Hazardous Wastes and Other Wastes Subject to Transboundary Movement 193 2.6.24 Question 7: Information on the Effects of the Generation, Transportation and Disposal of Hazardous Wastes and Other Wastes on Human Health and the Environment or Information on where this could be found 207 2.6.25 Table 1 of the Basel Convention Questionnaire on Bilateral, Multilateral or Regional Agreements or Arrangements in Force 214 2.6.26 Tables 2 and 3 of the Basel Convention Questionnaire on Disposal Facilities Operated within the National Jurisdiction 219 2.6.27 Table 9 of the of the Basel Convention Questionnaire on Disposals which did not Proceed as Intended 236 2.6.28 Table 10 of the of the Basel Convention Questionnaire on Accidents Occurring during the Transboundary Movement and Disposal of Hazardous Wastes and Other Wastes 286 3.0 Section C: Competent Authorities to the Basel Convention 289

4.0 Section D: Y-Codes for Waste under the Basel Convention 299 4.1 Categories of Wastes to be Controlled 299 4.2 Categories of Wastes Requiring Special Consideration 301 5.0 Section E: Summary of the Data Supplied by the Member States on the basis of the Waste Shipment Regulation Questionnaire; 2013-2015 302 5.1 Questionnaire for Member States’ Reporting Obligation pursuant to Article 51 (2) of Regulation (EC) No 1013/2006 302 5.2 Questionnaire Replies for Member States’ Reporting Obligation pursuant to Article 51 (2) of Regulation (EC) No 1013/2006 305 5.3 Additional Details and Remarks of Member States to the European Commission Questionnaire 310 5.3.1 Question 1 - Information on the Measures Taken to Prohibit Generally or Partially Shipments of Waste between Member States 310 5.3.2 Question 2 - Information on the Measures Taken to Object Systematically to Shipments of Waste between Member States 319 5.3.3 Question 3 - Information on the Prohibition of the Import of Waste 323 5.3.4 Questions 4 & 5 - Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-sufficiency 327 5.3.5 Question 10 - Information on the Member States’ System for the Supervision and Control of shipments of Waste Exclusively within their Jurisdiction 329 5.3.6 Question 11 - Information on Penalties Imposed for Illegal Shipments of Waste 341 5.3.7 Questions 12 & 13 - Information on Spot Checks on Shipments of Waste or on the Related Recovery or Disposal 364 5.3.8 Question 14 - Information on Financial Guarantees 389 5.4 Data Tables 401 5.4.1 Table 1 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3)) 401 5.4.2 Table 2 – Objections to Planned Shipments for Disposal (Article 11 (1)(g)) 407 5.4.3 Table 3 – Objections to Planned Shipments for Recovery (Article 12(1)(c)) 415 5.4.4 Table 4 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14) 423

5.4.5 Table 5 – Information on Illegal Shipments of Waste (Article 24 and Article 50(1)) 567 5.4.6 Table 6 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55) 572 List of Tables and Figures Table 11: Table of Member State Replies to the Implementation Questionnaires for 2013-2015 Table 21 Total Generation of Hazardous Waste in Member States, 2013-2015, in 1,000 tonnes (includes estimated values) Table 22: Total Generation of Hazardous Waste Per Capita in Member States, 2013-2015, in kg per capita (includes estimated values) Table 23: Total Generation of Other Notified Waste Per Capita in EU Member States, 2013-2015, in kg per capita Table 24: Total Generation of All Notified Waste Per Capita in Member States, 2013-2015, in kg per capita Figure 2.1: Total Generation of All Notified Waste Per Capita in EU Member States, 2013-2015, in kg per capita Table 25: Waste Generation of Hazardous Waste and Other Waste in Selected EU Member States, as Distributed on Y-codes in 2015, in 1,000 tonnes Figure 2.2: Waste Generation of Hazardous Waste and Other Waste in Selected EU Member States, as Distributed on Y-codes in 2015, in 1,000 tonnes Table 26: Export of Hazardous Waste, 2001-2015, in 1,000 tonnes Table 27: Export of Hazardous Waste, 2001-2015, in kg per capita Figure 2.3: Export of Hazardous Waste, 2013-2015, in kg per capita Table 28: Export of Hazardous Waste in Relation to Generation, in 1,000 tonnes Figure 2.4: Export of Hazardous Waste out of Each Member State in Relation to Generation in 2015, in % distribution Table 29: Export of All Notified Waste, 2001-2015, in 1,000 tonnes Table 210: Export of All Notified Waste, 2001-2015, in kg per capita Figure 2.5: Export of All Notified Waste, 2013-2015, in kg per capita Table 211: Distribution of All Reported Export Waste by Waste Type in 2015, in tonnes

Figure 2.6: Distribution of All Reported Export Waste by Waste Type in 2015, in % distribution Table 212: Distribution of All Reported Export Waste by Waste Type in 2014, in tonnes Figure 2.7: Distribution of All Reported Export Waste by Waste Type in 2014, in % distribution Table 213: Distribution of All Reported Export Waste by Waste Type in 2013, in tonnes Figure 2.8: Distribution of All Reported Export Waste by Waste Type in 2013, in % distribution Table 214: Distribution of All Reported Export Waste by Waste Type in 2015, in tonnes Table 215: Distribution of All Reported Export Waste by Waste Type in 2014, in tonnes Table 216: Distribution of All Reported Export Waste by Waste Type in 2013, in tonnes38 Table 217: Total EU-28 Distribution of All Reported Export of Waste, 2001-2015, in tonnes40 Figure 2.9: Total EU-28 Distribution of All Reported Export of Waste, 2001-2015, in million tonnes41 Table 218: EU-28 Treatment of Hazardous Waste, 2001-2015, in tonnes42 Figure 2.10: EU-28 Treatment of Hazardous Waste, 2001-2015, in million tonnes43 Table 219: Treatment of Hazardous Waste in 2015, in tonnes44 Figure 2.11: Treatment of Hazardous Waste in 2015, in % distribution45 Table 220: Treatment of Hazardous Waste in 2014, in tonnes46 Figure 2.12: Treatment of Hazardous Waste in 2014, in % distribution47 Table 221: Treatment of Hazardous Waste in 2013, in tonnes48 Figure 2.13: Treatment of Hazardous Waste in 2013, in % distribution49 Table 222: Destination of All Notified Waste, 2001-2015, in 1,000 tonnes50 Figure 2.14: Destination of All Notified Waste, 2001-2015, in 1,000 tonnes50

Table 223: Destination of Hazardous Waste, 2001-2015, in 1,000 tonnes51 Figure 2.15: Destination of Hazardous Waste, 2001-2015, in 1,000 tonnes52 Table 224: Import of Hazardous Waste, 2001-2015, in 1,000 tonnes53 Table 225: Import of Hazardous Waste, 2001-2015, in kg per capita55 Figure 2.16: Import of Hazardous Waste, 2001-2015, in kg per capita57 Table 226: Import of Hazardous and Other Notified Waste into Member States, 2001-2015, in 1,000 tonnes58 Table 227: Import of Hazardous and All Other Notified Waste into Member States, 2001-2015, in kg per capita60 Figure 2.17: Import of Hazardous and All Other Notified Waste into Member States, 2001-2015, in kg per capita62 Table 228: Distribution of Imported Waste in by Waste Type 2015, in tonnes63 Figure 2.18: Distribution of Imported Waste by Waste Type in 2015, in % distribution64 Table 229: Distribution of Imported Waste by Waste Type in 2014, in tonnes65 Figure 2.19: Distribution of Imported Waste by Waste Type in 2014, in % distribution66 Table 230: Distribution of Imported Waste by Waste Type in 2013, in tonnes67 Figure 2.20: Distribution of Imported Waste by Waste Type in 2013, in % distribution68 Table 231: Treatment of Hazardous Waste Shipped into Member States, 2001-2015, in tonnes69 Figure 2.21: Treatment of Hazardous Waste Shipped into Member States, 2001-2015, in million tonnes69 Table 232: Treatment of Hazardous Waste Shipped into Member States in 2015, in tonnes70 Figure 2.22: Treatment of Hazardous Waste Shipped into Member States in 2015, in % distribution71 Table 233: Treatment of Hazardous Waste Shipped into Member States in 2014, in tonnes72 Figure 2.23: Treatment of Hazardous Waste Shipped into Member States in 2014, in % distribution73

Table 234: Treatment of Hazardous Waste Shipped into Member States in 2013, in tonnes74 Figure 2.24: Treatment of Hazardous Waste Shipped into Member States in 2013, in % distribution75 Table 235: All Hazardous Waste and Other Notified Wastes Shipped into EU-groups, 2001-2015, in 1,000 tonnes76 Figure 2.25: All Hazardous Waste and Other Notified Wastes Shipped into EU-groups, 2001-2015, in 1,000 tonnes77 Table 236: All Hazardous Waste Shipped into EU-groups, 2001-2015, in 1,000 tonnes78 Figure 2.26: All Hazardous Waste Shipped into EU-groups, 2001-2015, in 1,000 tonnes79 Table 237: Top Treatment (Recovery) of All Notified Waste Exported by EU Member States, 2001-2015, in 1,000 tonnes80 Table 238: Top Treatment (Disposal) of All Notified Waste Exported by EU Member States, 2001-2015, in 1,000 tonnes82 Figure 2.27: Top Treatment of all Notified Waste Exported by EU Member States, 2013-2015, in 1,000 tonnes84 Table 239: Shipments for Disposal of Y46 from a Member State to Different Destinations, 2013-2015, in tonnes85 Table 240: Shipments for Recovery of Y46 from a Member State to Different Destinations, 2013-2015, in tonnes87 Table 241: Import and Export of Hazardous Waste from and to Countries outside the EU, 2001-2015, in tonnes89 Table 242: Export of Hazardous Waste out of the EU to non-OECD Countries (all treatments), 2001-2015, in tonnes91 Table 243: Export of Hazardous Waste out of the EU to EFTA Countries (all treatments), 2001-2015, in tonnes93 Table 244: Export of Hazardous Waste out of the EU to OECD Countries (non-EFTA) (all treatments), 2001-2015, in tonnes95 Figure 2.28: Export of Hazardous Waste out of the EU (all treatments), 2001-2015, in tonnes97 Table 245: Import of Hazardous Waste into the EU from non-OECD Countries (all treatments), 2001-2015, in tonnes98 Table 246: Import of Hazardous Waste into the EU from EFTA Countries (all treatments), 2001-2015, in tonnes100 Table 247: Import of Hazardous Waste into the EU from OECD Countries (non-EFTA) (all treatments), 2001-2015, in tonnes102 Figure 2.29: Import of Hazardous Waste into the EU (all treatments), 2001-2015, in tonnes104

Table 248: Difference between “Export” and “Import” of All Notified Waste between EU Countries, 2001-2015, in 1,000 tonnes105 Table 249: Difference between Reported “Export” and “Import” of Hazardous Waste between EU Countries, 2001-2015, in 1,000 tonnes106 Table 250: Difference between Reported “Export” and “Import” of All Other Notified Wastes (i.e. excluding Hazardous Waste) between EU Countries, 2001-2015, in 1,000 tonnes107 Table 251: Difference between Amounts “Imported” and “Exported” Normalized Relative to “Export” and “Import”, 2013-2015, in %108 Figure 2.30: Difference between Amounts “Imported” and “Exported” Normalized Relative to “Export” and “Import” for 2015, in %109 Table 01: Responses from Member States on the Effects of Waste on Human Health and the Environment207 Table 02: Information from Member States Concerning Bilateral, Multilateral or Regional Agreements or Arrangements214 Table 03: Information from Member States on Disposal and Recovery Facilities Operated within the National Jurisdiction219 Table 04: Information from Member States on Shipments which did not Proceed as Intended236 Table 05: Information from Member States on Accidents Occurring during the Transboundary Movement and Disposal of Hazardous Wastes and Other Wastes286 Table 31: Competent Authorities to the Basel Convention (2015)289 Table 41: Waste Streams299 Table 42: Wastes Having as Constituents300 Table 43: Categories of Wastes Requiring Special Consideration301 Table 51: Questionnaire for Member States’ Reporting Obligation pursuant to Article 51(2) of Regulation (EC) No 1013/2006302 Table 52: Replies of Member States for the Reporting Years 2013-2015306 Table 53: Question 1 - Information on the Measures Taken to Prohibit Generally or Partially Shipments of Waste between Member States311 Table 54: Question 2 - Information on the Measures Taken to Object Systematically to Shipments of Waste between Member States320 Table 55: Question 3 - Information on the Prohibition of the Import of Waste324 Table 56: Questions 4 & 5 - Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-sufficiency328

Table 57: Question 10 - Information on the Member States’ System for the Supervision and Control of shipments of Waste Exclusively within their Jurisdiction330 Table 58: Question 11 - Information on Illegal Shipments of Waste342 Table 59: Questions 12 & 13 - Information on Spot Checks on Shipments of Waste or on the Related Recovery or Disposal365 Table 510: Question 14 - Information on Financial Guarantees390 Table 511: Finland, 2013 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))402 Table 512: Finland, 2014 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))403 Table 513: Finland, 2015 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))404 Table 514: Greece, 2013 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))405 Table 515: Greece, 2014 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))405 Table 516: Greece, 2015 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))406 Table 517: United Kingdom, 2013 – Information on Exceptions to the Implementation of the Principle of Proximity, Priority for Recovery and Self-Sufficiency (Article 11 (3))406 Table 518: Belgium (Flanders), 2013 – Objections to Planned Shipments for Disposal408 Table 519: Belgium (Wallonia), 2013 – Objections to Planned Shipments for Disposal409 Table 520: Belgium (Flanders), 2014 – Objections to Planned Shipments for Disposal409 Table 521: Belgium (Flanders), 2015 – Objections to Planned Shipments for Disposal410 Table 522: Belgium (Wallonia), 2015 – Objections to Planned Shipments for Disposal411 Table 523: Estonia, 2014 – Objections to Planned Shipments for Disposal411 Table 524: Finland, 2013 – Objections to Planned Shipments for Disposal413 Table 525: Spain, 2013 – Objections to Planned Shipments for Disposal413 Table 526: Spain, 2015 – Objections to Planned Shipments for Disposal414

Table 527: Belgium (Flanders), 2015 – Objections to Planned Shipments or Recovery (Article 12(1)(c))416 Table 528: Finland, 2013 – Objections to Planned Shipments or Recovery (Article 12(1)(c))417 Table 529: Finland, 2014 – Objections to Planned Shipments or Recovery (Article 12(1)(c))418 Table 530: Finland, 2015 – Objections to Planned Shipments or Recovery (Article 12(1)(c))419 Table 531: Lithuania, 2015 – Objections to Planned Shipments or Recovery (Article 12(1)(c))420 Table 532: Spain, 2013 – Objections to Planned Shipments or Recovery (Article 12(1)(c))422 Table 533: Spain, 2015 – Objections to Planned Shipments or Recovery (Article 12(1)(c))422 Table 534: Austria, 2013 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)424 Table 535: Austria, 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)425 Table 536: Austria, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)427 Table 537: Belgium (Wallonia), 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)428 Table 538: Belgium (Flanders), 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)429 Table 539: Estonia, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)430 Table 540: France, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)431 Table 541: Germany, 2013 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)435 Table 542: Germany, 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)462 Table 543: Germany, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)482 Table 544: Luxembourg, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)507 Table 545: Netherlands, 2013, 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)507 Table 546; Netherlands, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)515

Table 547: Poland, 2013 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)524 Table 548: Poland, 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)526 Table 549: Spain, 2013, 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)527 Table 550: Spain, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)528 Table 551: Sweden, 2013 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)532 Table 552: Sweden, 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)535 Table 553:Sweden, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)537 Table 554: United Kingdom, 2013 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)542 Table 555: United Kingdom, 2014 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)555 Table 556: United Kingdom, 2015 – Information on Decisions by Competent Authorities to Issue Pre-Consents (Article 14)556 Table 557: Number of Recorded Illegal Shipments of Waste Ascertained by Member State Authorities567 Table 558: Penalties that can be Imposed for Illegal Shipments of Waste569 Table 559: Croatia, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)572 Table 560: Cyprus, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)573 Table 561: Germany, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)573 Table 562: Hungary, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)576 Table 563: Luxembourg, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)578 Table 564: Malta, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)578 Table 565: Netherlands, 2013, 2014, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)579 Table 566: Slovakia, 2015 – Information on any Specific Customs Offices Designated by Member States for Shipments of Waste Entering and Leaving the Community (Article 55)579

Section B: Summary of the Data Supplied by Member States on the Basis of the Basel Convention Questionnaire; 2013-2015 1.1Questionnaire on “Transmission of Information” (in accordance with Articles 13 & 16 of the Basel Convention) 1.1.1Question 1(a): Designated Competent Authority to the Basel Convention Article 13 (2) of the Basel Convention requires the Parties to inform each other, through the Secretariat, of changes regarding the designation of Competent Authorities and/or Focal Points, pursuant to Article 5. A list of Competent Authorities to the Basel Convention (as of 2015) can be found in Section C: Competent Authorities to the Basel Convention . An up-to-date list of Competent Authorities to the Basel Convention can be found online. 1.1.2Question 1(b): Designated Focal Points to the Basel Convention Member States have submitted information on designated focal points in their replies. An updated list of focal points can be found online.



1.1.3Question 2(a): National Definition of Waste Used for the Purpose of Transboundary Movements of Waste Member States were asked to provide details on their national definitions of waste. The responses have been summarised below: Austria (2013-2015): Definition of waste is in line with EU Regulation 2008/98/EC (Article 3(1)). For the purposes of the Directive: "waste" means any substance or object which the holder discards or intends or is required to discard; OJ L 312/9 22.11.2008. The national definition is laid down in Article 2 of the Act on sustainable Waste Management (Federal Waste Management Act 2002), Fed. Law. Gaz. I 2002/102 as amended. Belgium (2013-2015): Definition of waste and hazardous waste is in accordance with the European Law. With regard to transboundary movements of wastes the Council Regulation (EC) No. 1013/2006 is applied. Bulgaria (2013-2015): Bulgaria referred to the Waste Management Act, promulgated in State Gazette No. 53/13.07.2012, effective 13.07.2012, transposing Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. Croatia (2013-2015): The national definition of waste is in accordance with Article 4, Paragraph 1, point 35 of the Act on Sustainable Waste Management, Official Gazette, No. 94/13. Pursuant to it, "waste" means any substance or object which the holder discards or intends or is required to discard. Any other object or substance whose collection, transport and treatment are necessary for the purpose of protecting public interests is also considered as waste. Cyprus (2013-2015): The House of Representative passed the new Waste Law on December 23, 2011 (Law 185(I)/2011). Within the new Law there is a definition of waste used for the purpose of transboundary movements of waste and it is in accordance with the provisions of the EU Revised Waste Framework Directive (2008/98/EC), the Waste Shipment Regulation (1013/2006/EC) and the Basel Convention. Czech Republic (2013-2015): Act on Waste No. 185/2001 Coll., as amended. Waste means any movable thing, which a person discards or intends or is required to discard. Denmark (2013-2015): According to EU directive 2008/98/EC Article 3 (1): "waste" means any substance or object which the holder discards or intends or is required to discard. This is implemented in the Danish Statutory Order of Waste No. 1309/2012, § 2. Estonia (2013-2015): Waste shall mean any movable property or registered ship, which the holder has discarded or intends or is required to discard.

Finland (2013-2015): According to Section 5 of the Finnish Waste Act (646/2011) “waste means any substance or object which the holder discards, intends to discard or is required to discard.” This definition is identical to the definition of waste in the Council Directive of the European Communities on waste (2008/98/EC). France (2013-2015): Directive 2008/98/EC, Article 3: “waste” shall mean “any substance or object which the holder discards or intends or is required to discard”. The national legislation: the Code of the Environment, Article L 541-1-1, gives the same definition. Germany (2013-2015): In Germany the provisions of the Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste apply (Waste Shipment Regulation). Concerning the definition of waste the Regulation refers to the Waste Framework Directive (2008/98/EC). Article 3 (1) reads: “Waste means any substance or object which the holder discards or intends or is required to discard.” Pursuant to Article 6 of this Directive, certain specified waste shall cease to be waste when it has undergone a recovery, including recycling, operation and complies with specific criteria to be developed in accordance with the following conditions: a) the substance or object is commonly used for specific purposes; b) a market or demand exists for such a substance or object; c) the substance or object fulfils the technical requirements for the specific purposes and meets the existing legislation and standards applicable to products; and d) the use of the substance or object will not lead to overall adverse environmental or human health impacts. Such specific criteria have been developed for iron, steel and aluminium scrap, (Regulation (EU) No. 333/2011), copper scrap (Regulation (EU) No. 715/2013) and glass cullet (Regulation (EU) No. 117/2012). Greece (2013-2015): In national legislation (Law 4042/2012, OJG 24 A) the definition of “waste”, as stated in Directive 2008/98/EC, is used “any substance or object which the holder discards or intends or is required to discard”. Hungary (2013-2015): According to Paragraph 2, point 35 of the Act CLXXXV of 2012 on waste, waste shall mean any substance or object which the holder discards or intends to discard or is required to discard. (Act CLXXXV of 2012 is available in the Country Fact Sheet (Hungary) prepared by the Secretariat). Ireland (2013-2015): Section 4 (1) (a) of the Waste Management Act 1996, as amended, defines waste to mean any substance or object belonging to a category of waste specified in the First Schedule (of the Act), or for the time being included in the European Waste Catalogue which the holder discards or intends to or is required to discard, and anything which is discarded or otherwise dealt with as if it were waste shall be presumed to be waste until the contrary is proved. New regulations to transpose the provisions of the Revised Waste Framework Directive (2008/98/EC) were signed into Irish law on the 31 March 2011. The regulations amend the definition of waste to: “Waste means any substance or object which the holder discards or intends or is required to discard.” Italy (2013-2015): The national definition of waste is in accordance with the Legislative Decree No. 152/2006, the Regulation (EC) N. 1013/2006 and as defined in Article 3(1)(a) of Directive 2008/98/EC. Latvia (2013-2015): “Waste - any object or substance which holder disposes of, or intends to or is forced to dispose of." (Waste Management Law, Art.1.1) Lithuania (2013-2014): According to the Law on Waste Management of the Republic of Lithuania No. IX-1004, waste means any substance or object which the holder discards or intends to or is required to discard. List of waste is determined in the Annex 1 “List of waste” of the Rules of Waste Management adopted by the Order No. 217 by the Minister of Environment of the Republic of Lithuania according to the EU Law. Lithuania (2015): According to the Law on Waste Management of the Republic of Lithuania No. VIII-787 (with the latest amendments), waste means any substance or item which the holder discards or intends or is required to discard. List of wastes according to the EU legislation is indicated in the Order of the Minister of the Environment No. 217 "Regarding the approval of the waste management rules". Luxembourg (2013-2015): The national definition of waste is the definition of directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives and of the "Loi modifiée du 21 mars 2012 relative aux déchets ("the waste law of 2012"). Malta (2013-2015): “Waste” means any substance or object which the holder discards or intends or is required to discard; Source: The Waste Regulations, 2011 (Legal Notice 184 of 2011, as amended). The Netherlands (2013-2015): The Netherlands uses the EC definition of waste as described in Directive 2008/98/EC, Article 3.1). This article is implemented in national legislation: the Wet Milieubeheer, Article 1.1.

Poland (2013-2015): In the light of the Act on Waste of 14 December 2012 (Official Journal of 2013 item 21) “waste” shall mean any substance or object which the holder discards, intends to discard or is required to discard. Portugal (2013-2015): According to the Waste Act (Decree-Law 73/2011 of 17 of June of 2011) waste is any substance or object that the holder discards or intends to or is required to discard, in accordance with the Revised Waste Framework Directive (2008/98/EC). Romania (2013-2015): In Romania there is no national definition of waste used specially for the purposes of transboundary movements. The definition of waste from Law 211/2011 on waste regime is based on the relevant definitions of the Revised Waste Framework Directive (2008/98/EC). Slovakia (2013-2015): According to the Act No. 223/2001 Coll. on waste and on amendments to certain acts as amended a waste means a movable object, which the holder discards or intends to discard or is required to discard pursuant to the Act or special regulations (e.g. the Act of the National Council of the Slovak Republic No. 272/1994 Coll. on Human Health Protection, as amended, Article 43 of the Act No. 140/1998 Coll. on Medicaments and Medical Aids, on Modification of the Act No. 455/1991 Coll. on Trade Licensing (Trade Licensing Act), as amended, and on Modification and Amendment of the Act of the National Council of the Slovak Republic No. 220/1996 Coll. on Advertisement, as amended by the Act No. 119/2000 Coll., Regulation of the Ministry of Health of the Slovak Republic No. 12/2001 Coll. on Requirements for the Provision of Radiation Protection). The national waste definition refers to the waste definition of the Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives. The Decree No. 284/2001 Coll. establishing Waste Catalogue as amended defines two categories of wastes: non-hazardous and hazardous. Changes in 2015: The Act No. 223/2001 Coll. was replaced by Act No. 79/2015 Coll. on waste and on amendments to certain acts as amended by Act No. 91/2016 Coll. The Decree No. 284/2001 Coll. was replaced by Decree No. 365/2015 Coll. Slovenia (2013-2015): Definition of waste is in line with the Revised Waste Framework Directive (2008/98/EC). According Article 3 of Decree on Waste Management (2011) “waste” is defined as any substance or object which the holder discards or intends or is requested to discard. Spain (2013-2015): According to the Act 22/2011, of July the 28, on Wastes, Article 3, Definitions: “waste” means any substance or object which the holder discards or intends or is required to discard. Sweden (2013-2015): Waste means any substance or object in the categories set out in a list of waste categories which the holder discards or intends to or is required to discard. For the purpose of transboundary movements of waste EU regulation 1013/2006 on shipments of waste defines what waste should be controlled. The United Kingdom (2013-2015): “Waste”, including wastes subject to transboundary movements, is defined in Article 3(1) of the EC Framework Directive on Waste (Council Directive 2008/98/EC). Article 3(1) provides that “waste” means any substance or object which the holder discards or intends or is required to discard.



1.1.4Question 2(b): National Definition of Hazardous Waste Used for the Purpose of Transboundary Movements of Waste The EU definition of hazardous waste differs from the definition of the Basel Convention. According to the Directive on Hazardous Waste (Council Directive 91/689/EEC as amended by Directive 2008/98/EC) “hazardous waste” is defined as follows: ·“Waste classified as hazardous waste featuring on the list established by Commission Decision 2000/532/EC on the basis of Annexes I (Categories of hazardous waste listed according to their nature or the activity which generated them) and II (Constituent of the wastes in Annex I.B. which render them hazardous when they have the properties described in Annex III) to this Directive. This waste must have one or more of the properties listed in Annex III (Properties of waste which render them hazardous). The list shall take into account the origin and composition of the waste and, where necessary, limit values of concentration...” and ·“Any other waste which is considered by a Member State to display any of the properties listed in Annex III...” The properties which render waste hazardous are further specified by the Decision 2000/532/EC establishing a List of Wastes as last amended by Decision 2001/573/EC. The responses from Member States which include an alternate national definition of hazardous waste or submitted additional information to the above are outlined below.

Austria (2013-2015): The definition of hazardous waste is laid down in the Ordinance on a Waste Catalogue (Federal Law Gazette II 2003/570, as amended by Federal Law Gazette II 2008/498). The text can be obtained online. The Austrian Waste List can be downloaded online. Belgium (2013-2015): In Belgium the definition of waste and hazardous waste is in accordance with the European Law. With regard to transboundary movements of wastes the Council Regulation (EC) No. 1013/2006 is applied. Bulgaria (2013-2015): "Hazardous waste" means waste which displays one or more of the hazardous properties listed in Annex III (Properties of waste which render it hazardous). The Waste Management Act, promulgated in State Gazette No. 53/13.07.2012, effective 13.07.2012, transposing Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. Croatia (2013-2015): The national definition of hazardous waste is in accordance with Article Paragraph 1, point 33 of the Act on Sustainable Waste Management. Pursuant to it, hazardous waste means waste which displays one or more of the hazardous properties set out in Annex III to the present Act. Annex III to the present Act is in line with Annex III of the Directive 2008/98/EC. Cyprus (2013-2015): The House of Representative passed the new Waste Law on December 23, 2011 (Law 185(I)/2011). Within the new Law there is a definition of waste used for the purpose of transboundary movements of waste and it is in accordance with the provisions of the Revised Waste Framework Directive (2008/98/EC), the Waste Shipment Regulation (1013/2006/EC) and the Basel Convention. Czech Republic (2013-2015): Act on Waste No. 185/2001 Coll., as amended, Decrees of the Ministry of the Environment No. 376/2001 Coll. and 381/2001 Coll., as amended. The control procedures for other transboundary movements of wastes destined for recovery are not based on the definition of hazardous waste, but on a specific listing system established by EU Regulation (EC) 1013/2006 on shipments of waste. The listing system consists of two lists of waste. The first one (Annex III to the EU Regulation 1013/2006 - Green listed waste) containing wastes not requiring notification and prior consent consists of wastes listed in Annex IX to the Basel Convention supplemented by several other non-hazardous wastes. The second one (Annex IV to the EU Regulation 1013/2006 - Amber listed waste) containing wastes requiring notification and prior consent consists of wastes listed in Annex VIII and II to the Basel Convention supplemented by several other not necessarily hazardous wastes. Transboundary movements of all wastes (both hazardous and non-hazardous) destined for final disposal are prohibited or subject to notification and prior consent. Alongside the above text, there was additional information included in: 2013 & 2014: Hazardous waste means waste which displays one or more of the hazardous properties listed in Annex 2 to the Act. Annex 2 to the Act is identical to Annex III of Directive 2008/98/EC of the European Parliament and of the Council on waste. 2015: Hazardous waste means waste which displays one or more of the hazardous properties listed in Commission Regulation (EU) No. 1357/2014. Denmark (2013-2015): According to the Danish Statutory Order of Waste No. 1309/2012, § 3, No. 22, “hazardous waste” is waste which is listed on and marked as hazardous waste in the list of wastes contained in Annex 2, which exhibit one or more of the properties specified in Annex 4. Hazardous waste also includes any wastes which exhibit properties that are listed in Annex 4. Estonia (2013-2014): Hazardous waste is defined by Section 6 and 8 of the Waste Act (2004). Estonia (2015): Section 6: Hazardous waste are waste, which due to at least one of the hazardous properties set out in Commission Regulation (EU) No. 1357/2014 may cause a hazard to health, property or the environment. Finland (2013-2015): According to the Waste Act (646/2011; Section 6), “hazardous waste” is any waste with properties that render it flammable or explosive, infectious, or hazardous to human health or the environment in other ways, or with other corresponding properties (hazardous properties). The hazardous waste definition is further defined in the Waste Decree (179/2012; Sections 3 and 4). They refer to Annexes 3 and 4 of the Waste Decree. The list of hazardous characteristics and the limit values for the interpretation are presented in Annex 3. A list of the most common waste and hazardous wastes is presented in Annex 4. The annexes are based on the respective EC legislation. France (2013-2015): The national definition of hazardous waste used for the purpose of transboundary movements is in accordance with Regulation (EC) No. 1013/2006 on shipments of waste. Germany (2013-2015): The definition of hazardous waste of the Waste Framework Directive (2008/98/EC) applies. Article 3 (2) reads: “Hazardous waste means waste which displays one or more of the hazardous properties listed in Annex III”. Annex III has been aligned to Regulation (EC) No. 1272/2008 which is in line with the Global Harmonized System of Classification and Labelling of Chemicals of the United Nations. There is also a German Ordinance on a List of Waste with which the EU Waste List has been transposed. (2013 & 2014 list Annex III.) Greece (2013-2015): In national legislation (Law 4042/2012, OJG 24 A) the definition of “hazardous waste”, as stated in the Revised Waste Framework Directive (2008/98/EC), is used: “hazardous waste” means waste which displays one or more of the hazardous properties listed in Annex III”. Hungary (2014-2015): According to Paragraph 2, point 48 of Act CLXXXV of 2012, hazardous waste shall mean waste displaying one or more of the properties listed in Annex I of Act CLXXXV of 2012. Otherwise, European LoW codes have been adopted in the Rural Development Ministerial Decree No. 72/2013 (VIII.27) and hazardous wastes have been marked with * within this list of European LoW codes. Ireland (2013-2015): Section 4(2)a of the Waste Management Act, 1996, as amended, defines hazardous waste to mean a waste specified in the European Waste Catalogue/Hazardous Waste List (EWC/HWL), which has one or more hazardous properties specified in the Second Schedule of the Act. The Minister for the Environment, Community and Local Government may prescribe a waste which is not specified in the HWL if it has one or more hazardous properties specified in the Second Schedule of the Act.

New regulations to transpose the provisions of the Revised Waste Framework Directive (2008/98/EC) were signed into Irish law on the 31 March 2011. The regulations amend the definition of hazardous waste to: “Hazardous waste means waste (within the meaning of this section) which displays one or more of the hazardous properties listed in the Second Schedule”. Italy (2013-2015): The general definition of hazardous waste is set by Article 183(1)(b) of Legislative Decree No. 152/2006 and by the Waste Shipment Regulation (1013/2006/EC) in accordance with the Revised Waste Framework Directive (2008/98/EC). Latvia (2013-2015): “Hazardous waste - Waste which has one or more characteristics which makes it hazardous." (Waste Management Law, Art.1.2) Lithuania (2013): According to the Law on Waste Management adopted on 1 July 2002 No. IX-1004 (with last amendments on 1 June 2013), waste is indicated as hazardous in the list of waste, when having one or several hazardous properties listed in Annex 4 of this Law. Also any other waste in the list of waste in Annex 1 (of the Rules of Waste Management adopted on 14 July 1999 by the Order No. 217 by the Minister of Environment (with last amendments on 3 May 2011 by the Order No. D1-368)) and stared, having one or several hazardous properties listed in Annex 2 "Properties of waste which render them hazardous", and waste with properties H3-H8, H10,H11 of Annex 2 and conforming to the criteria of hazardous waste in Annex 3 "Criteria of hazardous waste" are indicated as hazardous waste. Added in 2014: According to the Law on Waste Management of the Republic of Lithuania No. IX-1004 (actual wording of the year 2015) hazardous waste is a waste exhibiting one or several hazardous properties indicated in the Annex of the Commission Regulation 1357/2014 of 18 December 2014, which amends Annex III of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. Lithuania (2015): According to the Law on Waste Management of the Republic of Lithuania No. VIII-787 (with the latest amendments), hazardous waste means waste which displays one or more of the hazardous properties listed in the Annex to Commission Regulation (EU) No. 1357/2014 of 18 December 2014 replacing Annex III to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives (OJ 2014 L 365, p. 89). Luxembourg (2013-2015): The national definition of hazardous waste is the definition of directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives and of the "Loi du 21 Mars 2012 relative à la gestion des déchets ("the waste law of 2012"). Malta (2013-2015): “Hazardous wastes means waste which displays one or more of the hazardous properties listed in Schedule 3.” (Source: The Waste Regulations, 2011 (Legal Notice 184 of 2011, as amended).) The Netherlands (2013-2015): The Netherlands uses the EC definition of hazardous waste as described in Directive 2008/98/EC, Article 3.2). This article is implemented in national legislation: the Wet Milieubeheer, Article 1.1. Poland (2013-2015): In the light of the Act on Waste of 14 December 2012 (Official Journal of 2013 item 21) “hazardous waste” shall mean waste which displays one or more of the hazardous properties. Properties that make the waste is hazardous are specified in Annex 3 to the Act on Waste. The waste classification is consistent with EU classification. Portugal (2013-2015): According to the Waste Act (Decree-Law 73/2011 of 17 of June of 2011) hazardous waste” means waste which displays one or more of the hazardous properties listed in Annex III of the Revised Waste Framework Directive (2008/98/EC). Romania (2013-2015): There is no national definition of hazardous waste used specially for the purposes of transboundary movements. The hazardous waste definition is from the Basel Convention as ratified by Romania by Law 6/1991. Slovakia (2013-2015): According to the Act No. 223/2001 Coll. on waste and on amendment of certain acts as amended - hazardous waste means waste which displays one or several of the hazardous characteristics listed in Annex 4 - Hazardous characteristics of wastes (H codes). The Annex 4 is equal to the Annex III of the Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives. The Decree No. 284/2001 Coll. establishing Waste Catalogue as amended harmonized with European Waste Catalogue distinguishes two waste categories: - non-hazardous; - hazardous. The Annex 2 of this Decree refers to the Basel Convention list of hazardous waste characteristics (H codes) and the Annex 3 to categories of wastes to be controlled by Basel Convention (Y codes). Hazardous wastes are wastes: a) Listed in Annex VIII to the Basel Convention; b) Designated as hazardous in the Waste Catalogue; or c) Listed in Annex IX to the Basel Convention and containing substances listed in Annex I to the Basel Convention within a scope causing the occurrence of dangerous properties listed in Annex III to the Basel Convention. Slovenia (2013-2015): Definition is in line with the Revised Waste Framework Directive (2008/98/EC). According Article 3 of Decree on Waste Management (2011), hazardous waste means wastes which displays one or more of the hazardous properties listed in Annex III (hazardous properties). Spain (2013-2015): According to Spanish legislation, “hazardous waste” means waste which displays one or more of the hazardous properties listed in Annex III of the Act 22/2011, of 28 July, on Wastes; including packaging that has contained them.

Sweden (2013-2015): In the Waste Ordinance (SFS 2011:927) hazardous waste is waste that is marked with an asterisk in annex 2 of the Ordinance or any other waste that exhibits one or more of the characteristics that are mentioned in annex 3 of the Ordinance. Annex 2 is the List of Wastes and annex 3 is the List of characteristics that render wastes hazardous wastes. The United Kingdom (2013-2015): In the UK, hazardous waste is defined on the basis of the definition given in EU Directive 2008/98/EC as waste displaying one or more of the properties listed in Annex III to the Directive. For the purposes of transboundary movements, Council Regulation (EC) No. 1013/2006 on shipments of waste applies (“the WSR”). The WSR does not include a definition of "hazardous waste", but wastes listed in Annex IV and certain ones in Annex V of the WSR, including those falling within the national definition, are controlled as hazardous. All shipments of hazardous and non-hazardous waste for disposal are subject to hazardous waste control procedures. Shipments outside the OECD are controlled subject to the rules in relation to Annex V of the WSR. In addition, Regulation (EC) No. 1418/2007, as amended, sets out the controls applicable to shipments of non-hazardous waste to non-OECD countries.



1.1.5Question 2(c): Regulation/Control of Additional Wastes as Hazardous The transboundary shipment of hazardous wastes is regulated with direct effect by the Revised Waste Framework Directive (2008/98/EC). It provides the means for supervising and controlling shipments of waste within, into and out of the European Union. It also includes the provisions of the Basel Convention as well as the revision of the Decision on the control of transboundary movements of wastes destined for recovery operations, adopted by the Organisation for Economic Co-operation and Development (OECD) in 2001. The EU list of hazardous wastes has been drawn up on the basis of the categories of generic types of hazardous waste and the constituents of wastes which render them hazardous (in Annex I and Annex II of Council Directive 91/689/EEC, as amended by Directive 2008/98/EC). Both the list of categories and the list of constituents are broader than Annex I to the Basel Convention. The Waste Shipment Regulation (WSR) does not include a definition of hazardous waste. Wastes listed in Annex IV and certain ones in Annex V of the WSR are controlled as hazardous for the purpose of transboundary shipments. A number of the wastes listed in these Annexes are not included within the scope of Article 1 (1) (a) of the Basel Convention. Consequently, transboundary movements of additional wastes are regulated. Due to structural differences between the list of hazardous wastes and Annex I to the Basel Convention it is not always possible to specify the additional wastes in detail. Member States also submitted specific information relating to the additional wastes which are controlled and/or regulated as hazardous. Member states which stated they do not regulate or control any additional wastes as hazardous were as follows: Cyprus, Ireland, Luxembourg (2015 only), and Romania. Member States which stated they do regulate or control additional wastes as hazardous are listed below: Austria (2013-2015): The national definition of hazardous wastes covers wastes others than those listed in Annexes I, II and VIII of the Basel Convention. The Secretariat of the Basel Convention has made the information transmitted to it, pursuant to Article 3 of the Basel Convention, available online. In the case of transboundary movements a notification procedure is required either in accordance with the Basel Convention (hazardous wastes and wastes Y46, Y47) or in the case of wastes destined for final disposal (all wastes, hazardous and non-hazardous) or in the case of wastes which are not hazardous and destined for recovery/recycling if the wastes are not listed in Annex 3 of the EU Waste Shipment Regulation (EU/1013/2006) or if the other country concerned requests a notification procedure. Belgium (2013-2015): The provisions of the European Council Regulation (EC) No. 1013/2006 apply, especially referring to its Annex IV. There is also a list which specifies the wastes which are not controlled (Annex III of the EC Regulation = Green List). All wastes not included in the Annexes of the EC Regulation are controlled. All wastes destined for final disposal are also controlled. Bulgaria (2013-2015): Bulgaria controls additional wastes as hazardous that are not included in Article 1 (1) of the Basel Convention. These wastes are wastes featuring on the list established by Commission Decision 2000/532/EC and marked with an asterisk (*). Croatia (2014-2015): B1090, B4030, all types of batteries are considered hazardous waste in Croatia according to Ordinance on the waste catalogue (Official Gazette No. 90/15). (2013: No regulations) Czech Republic (2013-2015): Czech Republic regulates/controls for the purpose of transboundary movements additional wastes as hazardous pursuant to Article 1(1)b of the Basel Convention. Hazardous wastes in the EU are governed by Directive 2008/98/EC of the European Parliament and of the Council on waste. The EU list of properties of wastes which render them hazardous is broader than the list of hazardous characteristics contained in Annex III to the Basel Convention. It contains, for example, irritant, harmful, teratogenic or mutagenic wastes. By the EU definition of hazardous waste more wastes is covered in comparison with wastes covered by Article 1(1)a of the Basel Convention. Consequently transboundary movements of additional wastes are regulated. All the wastes subject to control under Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (applicable from 12 July 2007) are controlled. Denmark (2013-2015): In Annex V in EU Regulation No. 1013/2006 on shipment of waste, Denmark – as the rest of EU- has listed hazardous waste which is subject to decision II/12 of the Convention. Estonia (2013-2015): The list of hazardous waste is defined in the EU by the Revised Waste Framework (Directive 2008/98/EC) and Commission Decision 2000/532/EC. The national definition of hazardous wastes covers wastes other than those listed in Annexes I, II and VIII of the Basel Convention.

Finland (2013-2015): The national definition of hazardous wastes covers wastes other than those listed in Annexes I, II and VIII of the Basel Convention. Additional wastes may contain, for example, the following constituents, which potentially render wastes hazardous: certain metal compounds (like cobalt, nickel, silver, vanadium, tin), certain alkaline or alkaline earth metals (lithium, potassium, calcium, magnesium in uncombined form), aromatic compounds, polycyclic and heterocyclic organic compounds, inorganic sulphides, peroxides, chlorates, perchlorate, creosotes, isocyanates or thiocyanates. Due to some structural differences between the hazardous waste list and the Basel Convention Annexes it is not always possible to specify in full detail which of these wastes are additional to the Annexes. France (2014-2015): In the case of shipments of waste included in the Article 1(1)b, the Regulation (EC) No. 1013/2006 and the Regulation (EC) No. 1418/2007 require the prior written consent or require such shipments to be accompanied by certain information (“information procedure”), depending on the country of destination and the purpose of the shipment. The exportation of such waste under the Article 1(1)b can also be banned. For those waste which are not included in art. 1(1)a or in art. 1(1)b, even if they’ve got an identification waste code in the EU legislation (Commission Decision 2000/532/EC of 3 May 2000 establishing a list of wastes as last amended by Decision 2014/955/UE of 18 December 2014), the Regulation (EC) No. 1013/2006 requires the prior written consent. Germany (2014-2015): The national definition of hazardous wastes covers wastes other than those listed in Annexes I, II and VIII of the Basel Convention. As there is no sharp boundary between the definitions of hazardous waste in the Basel Convention and in EU legislation, a complete list is not available. For examples see tables 6 and 7. Greece (2013-2015): Hazardous waste is defined according to the Waste Shipment Regulation (1013/2006/EC). Hungary (2014-2015): Hungary uses European LoW codes to identify wastes. In our understanding, the hazardous waste list contains 107 waste codes which are not compatible with Y codes of Basel Convention. As mentioned under question 2b of the Questionnaire on "Transmission of Information", hazardous waste definition was completed by adaptation of the European LoW codes with a marking that LoW is more or less different as former Hungarian Hazardous Waste list. These conditions need to be taken into account when looking at earlier data in Table 8A and Table 8B. Ireland (2013): All shipments of waste are controlled in accordance with Council Regulation (EC) No. 1013/2006 on the supervision and control of shipments of waste within, into and out of the European Community. Italy (2013-2015): These wastes include all the wastes that are listed in Part II of the Annexes to the Waste Shipment Regulation (1013/2006/EC). Latvia (2013-2015): Lists of regulated/controlled wastes are included in Annex V of the of the Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste. Luxembourg (2013-2014): There is no domestic legislation regulating/controlling any waste as hazardous in addition to waste regulated/controlled as hazardous by EU legislation. Malta (2013-2015): Malta regulates wastes as per Annex IV and those marked with an asterisk in Part 2 of Annex V of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste. The Netherlands (2013-2015): Lists of amber and red wastes (OECD-decision) and hazardous wastes on the European Waste List are used. Poland (2013-2015): The Polish national list of hazardous waste covers all types of hazardous waste stipulated in European Waste Catalogue. Additionally, the waste listed below are covered as hazardous under national legislation: ·01 03 80* - Tailings from enrichment by flotation of non-ferrous metal ores that contain hazardous substances; ·01 04 80* - Tailings from enrichment by flotation of coal that contain hazardous substances; ·01 04 82* - Tailings from enrichment by flotation of sulfide ores that contain hazardous substances; ·01 04 84* - Tailings from enrichment by flotation of phosphoric ores (phosphorites, apatites) that contain hazardous substances; ·02 01 80* - Dead animals and animals slaughtered out of necessity as well as animal tissue waste, that exhibit hazardous properties;

·02 02 80* - Animal tissue waste that exhibits hazardous properties; ·03 01 80* - Waste from chemical processing of wood that contain hazardous substances; ·05 06 80* - Liquid wastes that contain phenols; ·07 04 80* - Expired plant protection agents, toxicity class I and II (highly toxic and toxic); ·07 05 80* - Liquid wastes containing hazardous substances; ·09 01 80* - Expired photography reagents; ·10 11 81* - Asbestos-containing waste; ·16 81 - Waste resulting from accidents and unplanned events; ·16 81 01 * - Wastes exhibiting hazardous properties; ·16 82 - Waste resulting from natural disasters; ·16 82 01 * - Wastes exhibiting hazardous properties; ·18 01 80* - Used therapeutic baths, biologically active, with infectious capability; and ·18 01 82* - Food remains from feeding patients residing in infectious unit. Portugal (2013-2015): The wastes subject to control procedure are defined by the Waste Shipment Regulation (1013/2006/EC). Decree-Law No. 45/2008 of 11 March amended by the Decree-Law No. 23/2013 of 15 February ensure the implementation and application of obligations of Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006, in Portuguese territory. Slovakia (2013-2015): Slovakia has transposed the European Waste Catalogue into national legislation. The National Waste Catalogue covers all types of hazardous waste listed in the European Waste Catalogue. Additionally, it covers six types of hazardous waste which are considered non-hazardous under the European Waste Catalogue: 01 03 09, 03 03 05, 06 03 14, 08 01 16, 18 01 02, 18 01 07. The European Waste Catalogue is not compatible with the Annexes under the Basel Convention so it is difficult to classify the individual waste codes. Therefore, only the differences between the European and the National Waste Catalogue have been presented. Waste classification is carried out by the waste holder. According to the first digits of the waste code, the source of generation can be identified to a relevant code as listed in Annexes I, II, and VIII. In some cases it is not easy to address relevant Y code to a specific code considering the range of Y codes listed in the Annex 1. On the other hand, sometimes it is possible to address one or more Y codes according to the Annex 1 of the Basel Convention to one code of hazardous waste listed in the EU-waste list. Wastes code ending in "99" (wastes not otherwise specified) have no category - their classification depends on their composition. These types of waste are problematic and difficult to classify according to Annexes I, II and VIII of the Basel Convention. Since 12 July 2007 the transboundary movements of waste has been regulated by the Waste Shipment Regulation (1013/2006/EC). Slovenia (2013-2015): With regard to the transboundary movements of wastes applies the Waste Shipment Regulation (1013/2006/EC). The subject of control is: ·waste destined for final disposal; ·in the case of movements, waste destined for recycling:

·waste listed in Annex IV; ·any waste not listed in Annex III, IIIA, IIIB, IV, IVA and V of Regulation (EC) 1013/2006; ·in the case of export from EU to OECD: waste listed in Annex IIIB; ·in the case of export out of EU to non-OECD: waste listed in Annex IIIA or IIIB and waste listed in Annex III; and ·waste which is normally not subject of control but in country of import is controlled pursuant to Article 1 (1) (b). Wastes listed on Annex III, IIIA, IIIB (green list of wastes) of the WSR may as well be a subject to hazardous waste controls if they are contaminated by other materials to an extent which increases the risks associated with the waste sufficiently to render it appropriate for inclusion in the "red list", or which prevents the recovery of the waste in an environmentally sound manner. Spain (2013-2015): Spain refers to information submitted under Questions 2(a), 2(b) and 2(d) in this Questionnaire. The United Kingdom (2013-2015): Wastes listed in Annex IV and certain ones in Annex V of the WSR are controlled as hazardous for the purpose of transboundary movements. A number of the wastes listed in these Annexes are not included within the scope of Article 1(1)a of the Basel Convention.



1.1.6Question 2(d)(i): Other Wastes that Require Special Consideration when Subjected to Transboundary Movement Wastes subject to control for transboundary movements are listed in Annex IV while wastes subject only to information requirements, if the waste is destined for recovery, are set out in Annex III of the Waste Shipment Regulation. Annex IV also contains wastes which do not exhibit intrinsic hazardous properties established in Annex III of the Basel Convention. The control of the transboundary movement of these wastes is considered necessary for the environmentally sound management of waste. Wastes listed in Annex III “Green list of wastes” of the Waste Shipment Regulation may also be subject to hazardous waste controls if they are contaminated by other materials to an extent which increases the risks associated with the waste sufficiently to render it appropriate for inclusion in the red list or prevents the recovery of the waste in an environmentally sound manner. Mixtures of waste and other wastes that do not have one single entry in Annex III of the Waste Shipment Regulation have to be notified before shipment. Shipments of non-hazardous wastes for recovery to non-OECD countries may also be subject to hazardous waste control procedures according to the wishes of the importing country. A separate Commission Regulation (EC) No. 1418/2007and amendment (EC) No. 740/2008 set out the applicable control procedures for such shipments., Member States that did not identify wastes other than those mentioned in questions 2b and 2c were as follows: Belgium, Bulgaria, Croatia, Denmark, Estonia (2013 only), France, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Romania, Slovakia, and Slovenia. The responses of those Member State that did identify wastes other than those mentioned in questions 2b and 2c are listed below: Austria (2013-2015): The shipment of any waste not listed in Annex III, III (a) or III (b) of the Waste Shipment Regulation (1013/2006/EC) is subject to a notification procedure. Additional information on Annex III (a) is provided in 2014-2015. Cyprus (2013-2015): All "Green" listed wastes exported or imported to EU have to be accompanied by Annex VII of the Waste Shipment Regulation (1013/2006/EC) and a contract must be drawn up between the exporter and importer according to Article 18 (2) of the Waste Shipment Regulation. Further requirements for export to third countries outside EU are defined in Commission Regulation 1418/2007/EC. Czech Republic (2013-2015): Wastes not classified under one single entry in either Annex III to the EU Regulation 1013/2006 (Green listed waste) or Annex IV to the EU Regulation 1013/2006 (Amber listed waste). Transboundary movement of those wastes is subject to notification and prior consent.

Estonia (2014-2015): According to Waste Shipment Regulation 1013/2006 Article 3 there is a need for procedure for prior written notification and consent when: (a) all waste are destined for disposal; or (b) if destined for recovery operations: (i) wastes listed in Annex IV, which include, inter alia, wastes listed in Annexes II and VIII to the Basel Convention, (ii) wastes listed in Annex IVA, (iii) wastes not classified under one single entry in either Annex III, IIIB, IV or IVA, (iv) mixtures of wastes not classified under one single entry in either Annex III, IIIB, IV or IVA unless listed in Annex IIIA. Finland (2013-2015): The wastes subject to control procedures when moved transboundary are defined by Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, and the regulations issued on the basis of the said regulation. Finland (2013): Export: Construction and demolition waste, Aluminium slag, Unclassified; polystyrene fraction from shredding of cooling appliances, Unclassified, mixed packaging waste, Unclassified, exhausted slicing slurry, silicon carbide waste, Unclassified, non-ferrous metal concentrate, Waste water treatment sludge, Electronic and electric devices without hazardous parts. Import: Treated wood wastes, Battery waste, RDF Refuse derived fuel, Unclassified, plastic paper pellets, Waste water treatment sludge, NFR non-ferrous metal fraction from shredder operation. Finland (2014): Export: Unclassified, recoverable waste fractions, Unclassified, plastic packaging waste, Unclassified; polystyrene fraction from shredding of cooling appliances, Aluminium slag, Construction and demolition waste, Unclassified, Exhausted slicing slurry, Unclassified, non-ferrous metal concentrate, Electronic and electric devices without hazardous parts, Furniture waste, plastic and wood waste from construction, Wood waste from municipals and construction. Import: Treated wood wastes, NFR non-ferrous metal fraction from shredder operation, Waste water treatment sludge, Waste plastic from electrical and electronical equipment. Finland (2015): Export: Recoverable waste fractions, Polystyrene fraction from shredding of cooling appliances, Non-ferrous metal mixes from shredding process, PDF , Aluminium slag, Electronic and electric devices without hazardous parts, Construction and demolition waste, Exhausted slicing Slurry, Non-ferrous metal concentrate, Furniture waste, plastic and wood waste from construction, Wood waste from municipals and construction. Import: Treated wood wastes, NFR non-ferrous metal fraction from shredder operation, Waste water treatment sludge. Germany (2013-2015): In Germany the provisions of the Waste Shipment Regulation apply, especially referring to Annexes III, IIIA, IIIB, IV and V. Wastes destined for disposal are always controlled. Wastes subject to control for transboundary movements are listed in Annex IV. Wastes not subject to control, if the waste is destined for recovery, are listed in Annex III, IIIA and IIIB. Non-listed wastes are controlled pursuant to Article 3(1)(b)(iii). For the export prohibition Annex V applies, which contains all wastes listed in Annexes VIII of the Basel Convention and additional wastes. Annex IV contains all the wastes mentioned under question 2b and 2c, but also wastes which do not exhibit intrinsic hazardous properties established in Annex III of the Basel Convention. The control of the transboundary movement of these wastes is considered as necessary for an environmentally sound waste management. Pursuant to Annex V Part 3 of the Waste Shipment Regulation these wastes are exempted from the export prohibition. Latvia (2013-2015): It is prohibited to bring in the territory of Latvia any waste for disposal, also incineration, if the referred to activity is to be classified as disposal of waste, or for long-term storage (Art.42, para 2, Waste Management Law). Portugal (2013-2015): Wastes that are not listed in accordance with Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006 are subject to control procedures when subjected to transboundary movement. Spain (2013-2015): The transboundary movement of wastes in Spain, is regulated by the Waste Shipment Regulation (1013/2006/EC) and Commission Regulation (EC) No. 1418/2007. Provisions in these regulations and their annexes define the wastes to be controlled and how the control applies. Since there is no definition of hazardous wastes in these regulations, it is not possible to concisely list those wastes which, even though not included under Article 1 (1) of the Basel Convention, will be subject to the control of shipments. It has to be determined in each case whether the waste is listed under the previous Regulations, and then check which, if any, control of shipment applies.

Sweden (2013-2015): Wastes that are not listed in the Waste Shipment Regulation (1013/2006/EC) and mixtures of waste that do not have one single entry in the Waste Shipment Regulation have to be pre-notified before shipment. The United Kingdom (2013-2015): Wastes destined for recovery operations that are not listed in the WSR are subject to hazardous waste controls. Wastes listed on Annex III “green list of wastes” of the Waste Shipment Regulation (1013/2006/EC) may be subject to hazardous waste controls if they are contaminated by other materials to an extent which increases the risks associated with the waste sufficiently to render it appropriate for inclusion in the red list, or prevents the recovery of the waste in an environmentally sound ma