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Republic of Croatia

Workshop on Illegal Trafic

Bratislava, 3 to 5 October 2006

Authors: Anita Udovičić Vlasta Pašalić

Melita Buljan

http://www.mzopu.hrhttp://www.carina.hr

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Contens of the Presentation Competent AuthorityRelevant Croatian legislationTransboundary shipments of waste

Non hazardous waste-ImportNon hazardous waste-ExportNon hazardous – TransitHazardous waste – Export Hazardous waste – Transit

Financial guaranteeInspectionIllegal Trafic of Waste PenalitiesDocument databaseTraining Academy for Customs Officiers

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Competent authority

MINISTRY OF ENVIRONMENTAL PROTECTION PHYSICAL PLANNING AND CONSTRUCTION

Competent authority according to the Art. 5 of Basel Convention

Competent authority for: issuing the Notification document on each intended transboundary movement of waste, control of each waste shipment, receiving notification, requesting additional information, answering on notifications and for all types of information related to movement of waste within and out of national territory.

Competent authority for issuing of the Decision for the import of non-hazardous waste, export and transit of hazardous waste

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Relevant Croatian legislation

•The Law on Ratification of the Basel Convention on Transboundary movements of Hazardous Waste and their disposal (OG, International Treaties,3/94)

•Waste Act (OG 178/04, 153/05)

•Regulation on Categories, Types and Classification on Waste with Waste Catalogue and List of Hazardous Waste (OG 50/05)

•Regulation on the Supervision of Transboundary Movement of Waste (OG 69/2006)

•Ordinance on register of legal or natural person carryng out the activities of business intermediation of recovery and/or disposal of waste and legal or natural person carrying out the activity of export of non-hazardous waste (OG 51/06).

•Ordinance on Type of Waste (OG 27/96)

•Transport of Hazardous Substances Act (OG 97/93, 151/03)

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Transboundary shipments of waste

Waste Act

Article 47-Import of hazardous waste is prohibited- Import of waste for the purpose of land filling and use for energy purposes is prohibited. - Import of non-hazardous waste that can be recovered in accordance with this Act is permitted.

Article 54-Transit of non-hazardous waste through the Republic of Croatia is permitted.

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Transboundary shipments of waste

Regulation on Categories, Types and Classification on Waste with Waste Catalogue and List of Hazardous Waste (OG 50/05)

Regulation establishes categories, types and classification of waste depending on its properties and place of origin, and determines the waste catalogue, list of hazardous waste and list of waste in transboundary transport

Waste catalogue and list of waste consisting of the „green“, „amber“, and „red“ list and list »A« and »B« (Annex VIII and IX of the Basel Convention) are fully in accordance with Annex II, III, IV, Part 1 and Part 2 of Annex V to the Council Regulation on the shipments of waste

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Transboundary shipments of waste

Regulation on the Supervision of Transboundary Shipments of Waste

Border crossings open to transboundary transport of waste

Method and the procedure for controlling the border crossing

Authorization of the environmental protection inspectors in the transboundary transport of waste

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Transboundary shipments of waste

Non-hazardous waste - Import

Import of non-hazardous waste that can be recovered in accordance with Waste Act is permitted if:

person is registered for import activities

have decision of the Ministry on import of non-hazardous waste -if the all requirements for import are met (Article 48 of the Waste Act)

PLPPNO form shall accompany each shipment of non-hazardous waste

Annualy report on imported quantity and types of waste

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Transboundary shipments of waste

Non-hazardous waste - Export

Certificate on registration in the Register of Non-Hazardous Waste Exporters.

PLPPNO form shall accompany each shipment of non-hazardous waste

Report on exported quantity and types of non-hazardous waste

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Transboundary shipments of waste

Non-hazardous waste - Transit

Transit of non-hazardous waste through the Republic of Croatia is permitted

PLPPNO form for non-hazardous waste shall accompany each shipment of non-hazardous waste

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Transboundary shipments of waste

Hazardous waste - Export

•Person registered for carrying out one of the hazardous waste management activities

•Decision of the Ministry on export of hazardous waste - if the all requirements for export of hazardous waste are met (Article 50 of the Waste Act)

•Decision of the Ministry, Notification and Movement Document accompany each shipment

•Report to the Ministry on the exported quantities and types of hazardous waste

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Transboundary shipments of waste

Hazardous waste -Transit

•Decision of Ministry on the transit of hazardous waste - requirements are prescribed by Article 50 of the Waste Act

•Decision of the Ministry, Notification and Movement Document issued by the competent authority of dispatch accompany each shipment

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Transboundary shipments of waste

•Ministry delivers to the Customs Office copies of the issued decisions

•The legal or natural person that performs the transboundary transport of hazardous waste has the obligation to announce each shipment of hazardous waste three days before sending it, to all the competent bodies and Customs Office on the border crossing over which the export of hazardous waste will be done.

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Transboundary shipments of waste

Financial guarantee

Insurance policy or bank guarantee for the amount necessary to cover the costs of the hazardous waste treatment without posing a risk to the environment

Insurance policy or bank guarantee for the amount necessary to cover the remediation costs in case of an accident

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Inspection

WASTE ACT

In the course of inspection the inspector supervises: •that the requirement for import, export and transit of waste are met,•that the requirements for activities related to the treatment of imported waste are met,•operations of the waste importer and the waste exporter

•Inspector is authorized to conduct the inspection of the shipment:•at the point of origin, at producer‘s or collector‘s place •at the destination, at importer‘s or •consignee‘s place

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Inspection

Regulation on the Supervision of Transboundary Movement of Waste

Inspector is authorized to conduct the inspection of the shipment:

- at the border crossing in the case of import or transit of waste

- at the border crossing or at the custom's offices in the case of export of waste

In cooperation with the police, the inspector is authorized to do the spot checks of the shipment during the transport

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Inspection

The inspector orders the supervised person who is importing, transiting or exporting waste a ban on the import, transit or export of waste:

•if the person has not obtained the decision on waste import

•if the person has not obtained the decision on hazardous waste transit or export

•if the person is not registered in the register on waste exporters

•if the person carries out transboundary transport of waste contrary to the decision

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Inspection

The environmental inspector is authorised to:

Prohibit the carrier of waste from exporting non-hazardous and hazardous waste by a verbal order recorded in the minutes and order that the shipment of waste be transported to a temporary customs warehouse, and inform the competent customs office, where the export customs were performed.

Prohibit the carrier of waste from importing and transiting a shipment of non-hazardous waste or transiting a shipment of hazardous waste by a verbal order recorded in the minutes, and order that the shipment of waste be returned to the notifier of waste in the state of dispatch at the border crossing where the shipment of waste entered the Republic of Croatia, and inform the appropriate customs office thereof.

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Illegal Traffic of Waste

•Law on Ratification of the Basel Convention, Article 9

•Waste Act - penal provisions (Art. 88)

•Regulation on the Supervision on Transboundary Movement of Waste

•Inspector shall not allow export of non-hazardous and hazardous waste, import and transit of non-hazardous waste or transit of hazardous waste if the requirements for export, import and transit of waste set in Art. 17 and 18 of the Regulation, are not met (Decision of the Ministry, Certificate of registration, Notification, Movement Document, PLPPNO form)

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Custom procedure if a cargo may be illegal traffic

If during customs supervision at the border crossing or at the customs office, a customs officer establishes that there is reasonable doubt that the goods listed in the accompanying document do not correspond to the type of goods contained in the shipment, or that there is suspicion of illegal movement of waste, the officer immediately

Informs the competent brench unit of the Ministry and

Detains the disputable shipment until the arrival of the inspector to establish the facts.

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Measures if a cargo may be illegal traffic

REASONABLE DOUBT OF ENVIRONMENTAL INSPECTOR-TESTING OF THE PHYSICALL AND CHEMICAL PROPERTIES

TEMPORARY DETENTION OF THE MEANS OF TRANSPORTATION AND OF THE SHIPMENT OF WASTE AT THE TEMPORARY CUSTOM WAREHAUSE

DEPENDING ON THE RESULT OF INVESTIGATION- ON THE CUSTOM DECLARATION “FORBIDING IMPORT” OR “FORBIDING EXPORT”

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Penalties under our national legislation

Waste Act in Chapter VI, Penal Provisions Article 88

Amount of HRK 300,000.00 to 700,000.00 if (cca.41.000 EUR to 96.000 EUR) :

the legal person imports hazardous waste,the legal person imports waste for landfilling and use for energy purposes,the legal person imports waste which cannot be recovered according to the provisions of the Act, the legal person imports non-hazardous waste without having obtained the Ministry's decision on import, the legal person exports hazardous waste without having obtained the Ministry's decision on export the legal person transits hazardous waste on the territory of the Republic of Croatia without having obtained the decision of the Ministry, and the legal person is engaged in exporting non-hazardous waste without the prescribed certificate from the Ministry on registry into the Register of exporters of non-hazardous waste.

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Document databaseEnvironmental Protection Agency

Waste management information system

Report on the imported/exported quantity and types of non- hazardous waste

Report on the exported quantities and types of hazardous waste

Database of Ministry decisions on import of non-hazardous waste and on export/transit of hazardous waste

Annual Report to the Conference of the Parties of Basel Convention

since 1995

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Document database

Ministry of Environmental Protection, Physical Planning and Construction

Documentation database kept for a period of five years

Legal persons registered for performing waste management activities

Register on waste origin and waste flow – kept for a period of five years

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Supervision over implementation of the Regulation

Ministry of Environmental Protection, Physical Planning and Construction

Ministry of Finance – Customs Administration and

Ministry of the Interior

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Training Academy for Customs Officers

Academy was established this year

Academy provides a module dealing with the implementation of the regulations regarding surveillance at import and export of goods, including also the regulations for importation, exportation and transit of hazardous and other waste.

There is no training in our country on how to handle cargos that contain hazardous wastes and other wastes for customs officers

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THANK YOU FOR YOUR ATTENTION !

Republic of Croatia