Workshop on Illegal Traffic

BratislavaSlovak Republic3 to 5 October 2006

Participants from the Czech Republic

Ministry of Environment Czech Environmental Inspectorate General Directorate of Customs

Jana Samková, Ing.

Jitka Jenšovská, RNDr.

Karel Mašek, Bc.

jana_samkova@env.cz +420 267 122 014

jensovska@cizp.cz +420 222 860 366

k.masek@cs.mfcr.cz +420 261 332 224

Czech legislation concerning waste shipment

Act on Waste No. 185/2001 Coll., as amended(entered into force on 1 January 2002)

Decree of the Ministry of Environment No.

381/2001 Coll., as amended by the Decree No. 503/2001 Coll.

EU legislation

Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended

Commission Decision No 94/774/EC concerning the standard consignment note referred to in Council Regulation (EEC) No 259/93

Council Regulation (EC) No 1420/1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste, as amended

Commission Regulation (EC) No 1547/1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decision does not apply, as amended

Further international instruments

Basel Convention

former Czechoslovakia ratified BC in 1991,

the Czech Republic is a Party from 1993

OECD Council Decision

the Czech Republic acceded to the OECD in 1995

National provisions

Waste for recovery:

No exceptions as regards Green, Amber or Red List of Wastes for recovery in the Czech Republic from the date of accession to EU

Waste for disposal - self-sufficiency and proximity

Waste generated in the Czech Republic shall primarily be disposed of in the Czech Republic(Act on Waste, § 54)

Shipments of waste for disposal out of the Czech Republic should be permitted only if there is not a sufficient capacity for environmentally sound disposal of the waste in question in the Czech Republic(Waste Management Plan of the Czech Republic)

Waste for disposal - self-sufficiency and proximity

Shipments of waste for disposal into the Czech Republic are prohibited (§ 54 of Act on Waste in conjunction with Art. 4 (3) (a) (i) of Council Regulation No 259/93);

with the exception of wastes generated in neighbouring countries as a consequence of natural disaster or state of emergency

Further national provisions

Czech competent authority transmits the notification itself instead of the notifier

Languages acceptable to the Czech competent authority are Czech, Slovak and English

Analysis of waste, supplementing information on source and quantity of waste, is required

Calculation of the bank guarantee or insurance according to Art. 27 of Council Regulation No 259/93 is required

Shipment into the Czech Republic- additional documentation required

Authorisation of the consignee according to Czech Act on Waste

Information on subsequent operations if interim operation is notified

Authorisation related to subsequent operations if interim operation is notified

Enforcement

Public Administration Authorities involved in control of waste shipments

Ministry of Environment Czech Environmental Inspectorate Customs Authorities Police

Ministry of Environment – Waste Management Department

Competent authority (according to Art. 36 of Council Regulation No 259/93 in conjunction with § 72 (1) (d) of Act on Waste)

One authority for all shipments, including transit Correspondent (according to Art. 37 (1) of Council

Regulation No 259/93 in conjunction with § 72 (1) (d) of Act on Waste)

Focal point (Basel Convention)

Czech Environmental Inspectorate

controls the compliance with the provisions of the legal national and EU regulations

imposes fines to legal entities and natural persons authorized to do business who breaches the obligations laid down in EU regulations and Act on Waste and/or fails to fulfil the conditions designated in Ministry decisions

may stipulate measures and deadlines for ensuring a remedy

Customs Authorities

inspect the waste shipments are authorised:

– to order that the transportation is interrupted– to order that the driver park the vehicle at the

nearest suitable place, to seize the documents for the vehicle and the load from the driver and prohibit the driver from continuing his journey

– to stipulate a deposit in an amount from CZK 10 000 to CZK 50 000

– upon collection of the deposit, to submit to the driver a receipt of acceptance of the deposit, draw up a protocol on the breach

– to hand over the immobilized vehicle to the carrier after payment of the required deposit or after payment of the fine imposed by the inspection

Co-operation in enforcement

Co-operation: Ministry of Environment, Environmental Inspectorate and Customs Authorities

Between local inspection authorities (Local Environmental Inspectorates and Customs Mobile Groups)

Training of inspection authorities, especially Customs Authorities

Written agreement on co-operation:– Ministry of Environment, Czech Environmental Inspectorate,

General Directorate of Customs

Common participation in joint control actions with neighbouring countries

International co-operation in enforcement

– Information / opinion exchange with neighbouring countries

– Joint controls CZ-DE, CZ-AT, CZ-PL, CZ-SK

– Gaining experience from joint controls

Illegal waste shipments into the Czech Republic

Case study

Common characteristics of the cases

Direct contact between the (German) producer and the Czech consignee or mostly contact through (more) dealer(s)

Czech consignee never licensed to manage waste Producer of waste is collecting and/or treatment

facility, sorting plant (often from the new federal states)

Wastes for incineration (mixed residues from sorting or textile wastes) shipped as Green listed wastes

Kinds of illegal shipments

1. Detected during transport

2. Shipment for disposal (landfilling) through a „Czech“ company

3. Shipment to not licensed „facility“ (in fact a former farm, military area etc.)

Sites to solve

Milovice Sosnová Arnoltice Sytno Lahovičky

Sosnová, October 2006

Sosnová, October 2006

Sites already solved

Libčeves …

Libčeves, January 2006

Libčeves, January 2006

Libčeves, February 2006

Libčeves, April 2006

Celio, May 2006

Thank you for your attention.