Regulation (EC) No 1013/2006 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste

CHAPTER 2U.K. Other provisions

Article 57U.K.Meeting of the correspondents

The Commission shall, if requested by Member States or if otherwise appropriate, periodically hold a meeting of the correspondents to examine the questions raised by the implementation of this Regulation. Relevant stakeholders shall be invited to such meetings, or parts of meetings, where all Member States and the Commission are in agreement that this is appropriate.

[F1Article 58 U.K. Amendment of the Annexes

1. The Commission shall be empowered to adopt delegated acts in accordance with Article 58a to amend the following:

(a) Annexes IA, IB, IC, II, III, IIIA, IIIB, IV, V, VI and VII to take account of changes agreed under the Basel Convention and the OECD Decision;

(b) Annex V to reflect agreed changes to the list of waste adopted in accordance with Article 7 of Directive 2008/98/EC;

(c) Annex VIII to reflect decisions taken under relevant international conventions and agreements.]

[F2Article 58a U.K. Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Article 58 shall be conferred on the Commission for a period of five years from 17 July 2014 . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 58 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 58 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.]

F3Article 59U.K. [F3Additional measures]

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1Article 59a U.K. Committee procedure

1. The Commission shall be assisted by the committee established by Article 39 of Directive 2008/98/EC. That committee is a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.]

Article 60U.K.Review

1.By 15 July 2006, the Commission shall complete its review of the relationship between existing sectoral legislation on animal and public health, including shipments of waste covered by Regulation (EC) No 1774/2002, and the provisions of this Regulation. If necessary, this review shall be accompanied by appropriate proposals with a view to achieving an equivalent level of procedures and control regime for the shipment of such waste.

2.Within five years from 12 July 2007, the Commission shall review the implementation of Article 12(1)(c), including its effect on environment protection and the functioning of the internal market. If necessary, this review shall be accompanied by appropriate proposals to amend this provision.

[F22a. By 31 December 2020 , the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 51, carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if appropriate, by a legislative proposal. In that review, the Commission shall consider, in particular, the effectiveness of Article 50(2a) in combating illegal shipments, taking into account environmental, social and economic aspects.]

Article 61U.K.Repeals

1.Regulation (EEC) No 259/93 and Decision 94/774/EC are hereby repealed with effect from 12 July 2007.

2.References made to the repealed Regulation (EEC) No 259/93 shall be construed as being made to this Regulation.

3.Decision 1999/412/EC is hereby repealed with effect from 1 January 2008.

Article 62U.K.Transition rules

1.Any shipment that has been notified and for which the competent authority of destination has given acknowledgement before 12 July 2007 shall be subject to the provisions of Regulation (EEC) No 259/93.

2.Any shipment for which the competent authorities concerned have given their consent pursuant to Regulation (EEC) No 259/93 shall be completed not later than one year from 12 July 2007.

3.Reporting pursuant to Article 41(2) of Regulation (EEC) No 259/93 and Article 51 of this Regulation for the year 2007 shall be based on the questionnaire contained in Decision 1999/412/EC.

Article 63U.K.Transitional arrangements for certain Member States

1.Until 31 December 2010, all shipments to Latvia of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes shall be subject to the procedure of prior written notification and consent in accordance with Title II.

By way of derogation from Article 12, the competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC during the period in which the temporary derogation is applied to the facility of destination.

2.Until 31 December 2012, all shipments to Poland of waste for recovery listed in Annex III shall be subject to the procedure of prior written notification and consent in accordance with Title II.

By way of derogation from Article 12, until 31 December 2007, the competent authorities may raise objections to shipments to Poland for recovery of the following waste listed in Annexes III and IV in conformity with the grounds for objection laid down in Article 11:

  • B2020 and GE020 (glass waste)

  • B2070

  • B2080

  • B2100

  • B2120

  • B3010 and GH013 (solid plastic waste)

  • B3020 (paper waste)

  • B3140 (waste pneumatic tyres)

  • Y46

  • Y47

  • A1010 and A1030 (only the indents referring to arsenic and mercury)

  • A1060

  • A1140

  • A2010

  • A2020

  • A2030

  • A2040

  • A3030

  • A3040

  • A3070

  • A3120

  • A3130

  • A3160

  • A3170

  • A3180 (applies only in respect of polychlorinated naphthalenes (PCN))

  • A4010

  • A4050

  • A4060

  • A4070

  • A4090

  • AB030

  • AB070

  • AB120

  • AB130

  • AB150

  • AC060

  • AC070

  • AC080

  • AC150

  • AC160

  • AC260

  • AD150

[F4With the exception of glass waste, paper waste and waste pneumatic tyres, this period may be extended until no later than 31 December 2012 in accordance with the regulatory procedure referred to in Article 59a(2).]

By way of derogation from Article 12, until 31 December 2012, the competent authorities may raise objections in conformity with the grounds for objection laid down in Article 11 to shipments to Poland of:

(a)

the following waste for recovery listed in Annex IV:

  • A2050

  • A3030

  • A3180, except polychlorinated naphthalenes (PCN)

  • A3190

  • A4110

  • A4120

  • RB020

and of

(b)

waste for recovery not listed in the Annexes.

By way of derogation from Article 12, competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC during the period in which the temporary derogation is applied to the facility of destination.

3.Until 31 December 2011, all shipments to Slovakia of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes shall be subject to the procedure of prior written notification and consent in accordance with Title II.

By way of derogation from Article 12, the competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directives 94/67/EC(1) and 96/61/EC, Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste(2), and Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants(3) during the period in which the temporary derogation is applied to the facility of destination.

4.Until 31 December 2014, all shipments to Bulgaria of waste for recovery listed in Annex III shall be subject to the procedure of prior written notification and consent in accordance with Title II.

By way of derogation from Article 12, until 31 December 2009, the Bulgarian competent authorities may raise objections to shipments to Bulgaria for recovery of the following waste listed in Annexes III and IV in conformity with the grounds for objection laid down in Article 11:

  • B2070

  • B2080

  • B2100

  • B2120

  • Y46

  • Y47

  • A1010 and A1030 (only the indents referring to arsenic and mercury)

  • A1060

  • A1140

  • A2010

  • A2020

  • A2030

  • A2040

  • A3030

  • A3040

  • A3070

  • A3120

  • A3130

  • A3160

  • A3170

  • A3180 (applies only in respect of polychlorinated naphthalenes (PCN))

  • A4010

  • A4050

  • A4060

  • A4070

  • A4090

  • AB030

  • AB070

  • AB120

  • AB130

  • AB150

  • AC060

  • AC070

  • AC080

  • AC150

  • AC160

  • AC260

  • AD150

[F4This period may be extended until no later than 31 December 2012 in accordance with the regulatory procedure referred to in Article 59a(2).]

By way of derogation from Article 12, until 31 December 2009, the Bulgarian competent authorities may raise objections in conformity with the grounds for objection laid down in Article 11 to shipments to Bulgaria of:

(a)

the following waste for recovery listed in Annex IV:

  • A2050

  • A3030

  • A3180, except polychlorinated naphthalenes (PCN)

  • A3190

  • A4110

  • A4120

  • RB020

and of

(b)

waste for recovery not listed in those Annexes.

By way of derogation from Article 12, the Bulgarian competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC or Directive 2001/80/EC during the period in which the temporary derogation is applied to the facility of destination.

5.Until 31 December 2015, all shipments to Romania of waste for recovery listed in Annex III shall be subject to the procedure of prior written notification and consent in accordance with Title II.

By way of derogation from Article 12, until 31 December 2011, the Romanian competent authorities may raise objections to shipments to Romania for recovery of the following waste listed in Annexes III and IV in conformity with the grounds for objection laid down in Article 11:

  • B2070

  • B2100, except waste alumina

  • B2120

  • B4030

  • Y46

  • Y47

  • A1010 and A1030 (only the indents referring to arsenic, mercury and thallium)

  • A1060

  • A1140

  • A2010

  • A2020

  • A2030

  • A3030

  • A3040

  • A3050

  • A3060

  • A3070

  • A3120

  • A3130

  • A3140

  • A3150

  • A3160

  • A3170

  • A3180 (applies only in respect of polychlorinated naphthalenes (PCN))

  • A4010

  • A4030

  • A4040

  • A4050

  • A4080

  • A4090

  • A4100

  • A4160

  • AA060

  • AB030

  • AB120

  • AC060

  • AC070

  • AC080

  • AC150

  • AC160

  • AC260

  • AC270

  • AD120

  • AD150

[F4This period may be extended until no later than 31 December 2015 in accordance with the regulatory procedure referred to in Article 59a(2).]

By way of derogation from Article 12, until 31 December 2011, the Romanian competent authorities may raise objections in conformity with the grounds for objection laid down in Article 11 to shipments to Romania of:

(a)

the following waste for recovery listed in Annex IV:

  • A2050

  • A3030

  • A3180, except polychlorinated naphthalenes (PCN)

  • A3190

  • A4110

  • A4120

  • RB020

and of

(b)

waste for recovery not listed in those Annexes.

[F4This period may be extended until no later than 31 December 2015 in accordance with the regulatory procedure referred to in Article 59a(2).]

By way of derogation from Article 12, the Romanian competent authorities shall object to shipments of waste for recovery listed in Annexes III and IV and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC, Directive 2000/76/EC or Directive 2001/80/EC during the period in which the temporary derogation is applied to the facility of destination.

6.When reference is made in this Article to Title II in relation to waste listed in Annex III, Article 3(2), Article 4, second subparagraph, point 5, and Articles 6, 11, 22, 23, 24, 25 and 31 shall not apply.

Article 64U.K.Entry into force and application

1.This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

It shall apply from 12 July 2007.

2.Should the date of accession of Bulgaria or Romania be later than the date of application specified in paragraph 1, Article 63(4) and (5) shall, by way of derogation from paragraph 1 of this Article, apply from the date of accession.

3.Subject to the agreement of the Member States concerned, Article 26(4) may be applied before 12 July 2007.

(3)

OJ L 309, 27.11.2001, p. 1. Directive as amended by the 2003 Act of Accession.