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Workshop on Illegal Traffic

Workshop on Illegal Traffic. Bratislava Slovak Republic 3 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

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Workshop on Illegal Traffic

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  1. Workshop on Illegal Traffic Bratislava Slovak Republic3 to 5 October 2006

  2. Participants from the Czech Republic • Ministry of Environment • Czech Environmental Inspectorate • General Directorate of Customs

  3. 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

  4. 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.

  5. 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

  6. Further international instruments • Basel Convention former Czechoslovakia ratified BC in 1991, the Czech Republic is a Party from 1993 • OECD Council Decision theCzech Republic acceded to the OECD in 1995

  7. 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

  8. 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)

  9. 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

  10. 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

  11. 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

  12. Enforcement

  13. Public Administration Authorities involved in control of waste shipments • Ministry of Environment • Czech Environmental Inspectorate • Customs Authorities • Police

  14. 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)

  15. 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

  16. 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

  17. 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

  18. 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

  19. Common participation in joint control actions with neighbouring countries

  20. 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

  21. Illegal waste shipments into the Czech Republic Case study

  22. 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

  23. Kinds of illegal shipments • Detected during transport • Shipment for disposal (landfilling) through a „Czech“ company • Shipment to not licensed „facility“ (in fact a former farm, military area etc.)

  24. Sites to solve • Milovice • Sosnová • Arnoltice • Sytno • Lahovičky

  25. Sosnová, October 2006

  26. Sosnová, October 2006

  27. Sites already solved • Libčeves • …

  28. Libčeves, January 2006

  29. Libčeves, January 2006

  30. Libčeves, February 2006

  31. Libčeves, April 2006

  32. Celio, May 2006

  33. Thank you for your attention.

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