Cross-border operations (waste transport)

A guide to cross-border shipments of waste carried out by EU Member States

Kulcsszavak: waste; waste management; waste management permit; fine; transportation; collection; trade; brokerage; treatment; disposal; recovery; recycling; data provision; addressee; notifier; person who arranges the shipment

A rule concerning shipments of waste originating from a Member State, that is, natural or legal persons under the jurisdiction of that Member State who intend to carry out a shipment of waste or intend to have a shipment of waste carried out. The transportation of certain wastes require notification.

If the waste to be shipped is subject to the procedure of prior written notification and consent according to Article 3 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (hereinafter referred to as the ‘Waste Shipment Regulation’)(‘Amber’ listed waste), import into, export from and transit through the country must be notified in advance. The notifier is one of the persons or bodies listed below, selected in accordance with the ranking established in this listing:

-          the original producer, or

-          the licensed new producer who carries out operations prior to shipment, or

-          a licensed collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single notified location, or

-          a registered dealer who has been authorised in writing by the original producer, new producer or licensed collector to act on his/her behalf as notifier,

-          a registered broker who has been authorised in writing by the original producer, new producer or licensed collector to act on his/her behalf as notifier, or

-          the holder of the waste.

The validity of consent to transboundary shipments may not exceed one year, except for multiple shipments to pre-consented recovery facilities where the planned duration of shipments may be extended to up to three years.

1. Imports of waste into Hungary

Where waste is imported into Hungary, the notifier (exporter) must submit a prior written notification to the competent authority of the country of dispatch. This must be done using the documents in Annexes IA and IB of the Waste Shipment Regulation.

Once the notification has been properly carried out,

- the competent authority of the country of dispatch retains a copy of the notification,

- transmits the remaining copies to the competent authority of destination (in Hungary, the Pest County Government Office, hereinafter as the ‘Government Office’) and of transit, and

- simultaneously informs the notifier of the transmission.

You are advised to prepare as many copies of your notification as the number of the competent authorities that must be involved.

When the competent authorities of destination (Hungary) and transit consider that the notification has been properly completed and the documentation included in the notification can be assessed on the merits, they send an acknowledgement to the notifier and copies to the other competent authorities concerned.

The competent authorities of destination (Hungary), dispatch and transit have 30 days to make a duly reasoned decision in writing as regards the notified shipment granting consent without conditions or granting consent with conditions or, if appropriate, raising objections.

The competent authorities of destination (Hungary), dispatch and, where appropriate, transit transmit their decision and the reasons therefor to the notifier in writing within 30 days with copies to the other competent authorities concerned. The competent authorities of destination, dispatch and, where appropriate, transit signify their written consent by appropriately stamping, signing and dating the notification document or their copies thereof. Each shipment must be furnished with the movement document, a copy of the notification document and a copy of the written consents of the competent authorities.

2. Exports of waste from Hungary

Where waste is exported from Hungary, the notifier (exporter) must submit a prior written notification to the Government Office. The procedure is the same as described in the previous section, however, in this case the Government Office is the competent authority of the country of dispatch (Hungary).

The Government Office suggests you get a notification number before submitting your notification. Applications for a notification number must be submitted in writing to the Government Office using one of the contact options given on the website (electronically, by mail or fax). For the sake of effective administration, you are advised to indicate the notifying undertaking in your application and state to which country you are planning to transport waste under which waste identification code.

You can compile the necessary documentation (completion of the notification document, the movement document, securing a bank guarantee from a financial institution or conclusion of a contract) using the notification number issued by the Government Office, or you can pay the administration service fee in advance by indicating the notification number.

3. Transit of waste through Hungary

Where waste is transited through Hungary, the notifier must submit a prior written notification to the competent authority of the country of dispatch. The procedure is the same as described in the section “Imports”, however, in this case the Government Office is the competent authority of the country of transit (Hungary).

 

Shipments of ‘Green’ listed waste

For the purpose of waste not subject to the procedure of prior written notification and consent and their transboundary shipments, waste not subject to the procedure of prior written notification and consent (green listed) shall be wastes listed in Annexes III, IIIA and IIIB of the Waste Shipment Regulation that are intended for recovery and have no hazardous characteristics. In addition, waste explicitly destined for laboratory analysis of a quantity not exceeding 25 kg also qualifies as green listed. For transboundary shipments of waste not subject to the procedure of prior written notification and consent, shipments must be accompanied by the movement document contained in Annex VII of the Waste Shipment Regulation and must be covered by a contract concluded between the person who arranges the shipment and the consignee effective when the shipment starts.

Highest waste management fines payable for failure to submit the notification:

for illegal transboundary shipments of hazardous waste: HUF 1 000 000.

Exports of green listed waste: the person arranging the shipment under the jurisdiction of the country of dispatch must send the national environmental authority quarterly a copy of the form signed by the consignee acknowledging receipt of the shipment, by the 30th day of the month following the quarter in question. Imports of green listed waste: the consignee must send a copy of the form accompanying the shipment signed by the consignee to the national environmental authority within 8 days of receipt of the shipment.

Amber listed waste: prior information regarding actual start of shipment – the notifier must send signed copies of the movement document to the competent authorities concerned and to the consignee at least three working days before the shipment starts. 

Where receipt of the waste is acknowledged in writing by the facility: the facility must acknowledge receipt of the waste in writing within three days of its arrival.

Where disposal or recovery is certified by the facility: as soon as possible but no later than 30 days after completion of disposal or recovery, and no later than one calendar year following the receipt of the waste the facility must, under its responsibility, certify that the recovery or disposal has been completed.

 

Documents required for the notification of transboundary shipments (export, import and transit) of waste subject to the procedure of prior written notification and consent:

− Notification document (Annex IA) and movement document (Annex IB)

The notification document in Hungarian and English as per Annex IA of the Waste Shipment Regulation (with boxes 1–18 completed) and the movement document in Hungarian and English as per Annex IB (boxes 3–4 and 9–14 completed containing the same information as in the notification document as per Annex IA).

− Certificate of payment of the administration service fee

A document certifying payment of the administration service fee (e.g. cash transfer slip or a copy of the money transfer slip).

− A valid certificate of criminal record (for notifiers and consignees with a seat or premises in Hungary)

Where imports of waste into and exports of waste from Hungary are subject to notification, notifiers and consignees with a seat or premises in Hungary must produce a valid certificate of criminal record issued by the Central Office of Electronic Public Administration and Services (KEKKH) to prove that the executive officer of the notifier (export) or consignee (import) is not banned from practising a profession that involves waste management and, if a final judgment of the court duly found him/her guilty of damaging the environment or nature, or violating the rules of waste management under Act C of 2012 on the Criminal Code, he or she has been cleared of the adverse legal consequences of criminal charges.

− Description of the intended route

The intended route indicating the border-crossing points used and the countries of transit concerned. It is especially important to provide the points of entry into and exit from the countries concerned as well as the distance(s) covered between the notifier and the facility (also on a map, if possible).

− Transportation license or registration of carriers

A copy of the waste transportation license of the carrier(s).

− Evidence of carriers’ insurance against liability for damage to third parties

Evidence of the carrier’s valid insurance against liability for damage to third parties (bank guarantee given to carriers for loss events). Each carrier designated must have this document.

− Data pertaining to the waste

− Characterisation of the waste

Indication of the type of the waste on the appropriate list, its source(s), description, composition and all hazardous characteristics.

− Origin of the waste

Description of how the waste was generated: generated as a result of collection or by other technological process.

− Data pertaining to waste recovery or disposal

Technical data of recovery or disposal operations, description of the treatment procedure, technology applied by the facility receiving the waste, a copy of the permit under which the recovery or disposal facility operates.

− Waste recovery

If the waste is intended for recovery, the method used to dispose of the non-recoverable fraction after recovery and the quantity of the recovered material in relation to the non-recoverable waste.

 

− Copies of contracts

− The contract concluded between the notifier and the consignee

The original or a copy of the contract concluded between the notifier and the consignee for the recovery or disposal of waste, effective at the time of notification.

− Contract if the notifier is a dealer or broker

The original or a copy of the contract concluded between the original producer / new producer / licensed collector and the broker / dealer if the notifier is a dealer or broker.

− If the notifier is not the producer:

If the notifier is not the producer of the waste, the original or a copy of the agreement / contract / power of attorney between the notifier and the producer(s) must also be provided.

− Bank guarantee

− Calculation of the amount of the bank guarantee

The amount of the bank guarantee must be calculated so that the financial guarantee or equivalent insurance covers the costs of transport, the costs of recovery or disposal, including any necessary interim operation, and the costs of storage for 90 days.

− Bank guarantee / insurance

For exports of waste from Hungary, evidence of a financial guarantee or equivalent insurance effective at the time of the notification or a copy thereof. The amount of the bank guarantee must be at least the total amount calculated for the bank guarantee.

An administration service fee must be paid for the authorisation of transboundary shipments of waste that are subject to prior written consent, for exports, imports and transit alike. An administration service fee of HUF 190 000 is payable for the authorisation of imports of hazardous waste into, their exports from and their transit through Hungary. For hazardous waste this fee is HUF 285 000.

The relevant body in Hungary is the National Environment and Nature Protection Department of the Pest County Government Office.

Decisions cannot be appealed in administrative proceedings, but you can bring an action before an administrative court on the grounds of infringement within 30 days of service of the decision by submitting an application initiating proceedings to the Government Office – addressed to the Metropolitan Court of Budapest – in 3 copies, electronically if you as Client are required to communicate by electronic means. The duty payable for administrative litigation is HUF 30 000, the court will establish in its decision who must pay this duty.

The Metropolitan Court of Budapest will adjudge the case without a hearing, except when so requested by either of the parties. Clients can request a hearing in their application initiating proceedings.

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Government Decree No 180/2007 of 3 July 2007 on cross-border shipments of waste

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

Government Decree No 101/1996 of 12 July 1996 promulgating the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, signed on 22 March 1989.

Government Decree No 271/2001 of 21 December 2001 on the rates of waste management fines and their imposition and establishment

Act CLXXXV of 2012 on Waste * 

Decree No 14/2015 of 31 March 2015 of the Minister for Agriculture on the administration service fees payable for the procedures conducted by environmental and nature protection authorities

Decision C(2001)107/FINAL of the Council of the Organisation for Economic Co-operation and Development (OECD) on the Control of Transboundary Movements of Wastes Destined for Recovery Operations

KIEFO