Transboundary Waste Shipments in Poland


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Last Updated: June 15, 2011
Report Contents
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Introduction

The shipment of electronic waste from and to Poland is regulated chiefly by European law, with some elements being subject to the national laws of Poland. This report reviews the main legal requirements governing shipments of electronic waste from and to Poland.

Where electronic waste is (i) shipped between Poland and other EU Member States, (ii) imported into Poland from outside the EU, or (iii) exported from Poland to outside the EU, the European waste shipment law applies. The key EU legislative instrument is Regulation 1013/2006 on the shipment of waste (the "Regulation"), which implements the Basel Convention and the OECD Decision. This Regulation is directly effective in all Member States of the European Union and does not require transposition by Poland. Therefore, the Regulation's provisions are directly binding on private parties in Poland.

The Regulation's controls differ depending on (i) whether the shipments are for disposal or recovery, and, if so, (ii) how the waste involved is listed, and (iii) whether the shipment is intra-EC, or imports into or exports from the EC. Generally, the requirements for shipments for disposal resemble the prior authorization scheme of the Basel Convention on the Transboundary Shipment of Hazardous Waste. The requirements for shipments for recovery are based on the OECD Decision on the Transfrontier Movement of Waste for Recovery. Where the shipment is subject to notification, the Regulation also requires a contract with the receiving facility and a financial guarantee.

In addition, Poland has adopted specific legislation to implement the Regulation's regimes. Specifically, it has adopted the Act No. 859 on Waste Shipments, which deals with administrative organization and allocation of authorities, modalities of compliance monitoring and enforcement mechanisms, and the required bank guarantee.

Intended waste shipments subject to notification must be notified to the Chief Inspector of Environmental Protection through a form prescribed by the Regulation and the Act No. 859 on Waste Shipments.

Poland's laws on transboundary waste shipments apply only to waste defined as such by the Waste Management Act, which implements the Waste Framework Directive in Poland and will come into force on 12 December 2010 and will replace the existing law on waste from 27 April 2001.

The Chief Inspector of Environmental Protection is in charge of monitoring compliance with and enforcing the Regulation.


 
 


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