Export of waste
The EU regulates the export of waste in the Council Regulation 259/93/EEC.
This concerns the supervision and control of shipments of waste within,
into and out of the EU. It transposes the provisions of the Basel
Convention
on transboundary movements of hazardous waste and their disposal.
Framework
The shipping industry - backed by the Flags
of Convenience Countries (FOC) - arises many legal questions on the
transboundary movements of ships destined for dismantling. But several EU
member states and the European Commission DG Environment believe the European
Waste Shipment Regulation (EWSR) provides a clear framework. EWSR can also
regulate the export of End of Life Vessels. This was confirmed by the Highest
Administrative Court in the Netherlands in June 2002.
End of Life Vessel
In the EWSR an End of Life Vessel destined for dismantling is to be considered as hazardous waste. That applies for ships that are not properly emptied of any cargo. Or of other materials arising from the operation of the vessel that may be classified as a dangerous substance or (hazardous) waste.
Port state
The EU considers the state of export/dispatch: any state from which the shipment of (hazardous) waste was planned or made. This is the state where the shipment was planned to start 'physically'. Or the state from which the shipment has begun, from where 'the physical action of moving' the waste started. In most cases the state of export will be the port state and not the flag state.
Member states
That means a port state can fully enforce the rules of the EWSR on an End
of Life Vessel. If the ship is not properly emptied and destined for dismantling.
And if the original producer of the (hazardous) waste does not take his
responsibility. Some member states (Basel Convention)
of the EU (the Netherlands and Belgium) already applied the EWSR in that
way.
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