Waste production can have a harmful impact on the environment, depending on the type and quantity of waste produced.
In order to ensure traceability and control of waste flows, the national and international transfer of waste requires prior notification each time waste is to be moved.In Luxembourg, the competent authority for the notification of waste transfer is the Transport and Trade of Waste service of the Environment Agency.
Who is concerned
The notification file must be completed by:
- the initial producer of the waste being transferred;
- an approved waste collector if the waste is produced by several parties;
- a registered trader or broker who is authorised by the initial producer to act on their behalf.
A prior notification procedure must be followed for:
- all waste that will be disposed of;
- waste that will be recycled and falling under one of the following categories:
- waste included in Appendix IV of Regulation (EC) No. 1013/2006;
- waste included in Appendix IV A of Regulation (EC) No. 1013/2006;
- waste which does not have its own section in appendixes III, III B, IV or IV A of Regulation (CE) No. 1013/2006;
- mixtures of waste which do not have their own section in Appendixes III, III B, IV or IV A of Regulation (CE) No. 1013/2006, unless they are included in Appendix III A of Regulation (EC) No. 1013/2006.
The procedure for the notification of the national transfer of waste does not apply to:
- household, bulky or similar waste or inert waste;
- the transfer of waste to a collection or sorting facility before its subsequent transit to the recipient, covered by a prior notification;
- the collection of waste of an identical nature from several producers whose subsequent transfer is covered by a prior notification;
- the transfer of waste to a collection or sorting facility before its subsequent transit to the recipient pursuant to general information requirements;
- animal by-products;
- waste made of natural non-hazardous materials from agricultural or sylvicultural (forestry) operations or biodegradable waste from gardens or parks;
- combustible waste from the mechanical treatment (e.g. sorting, crushing, compacting, pelleting) of municipal waste;
- the non-composted fraction of organic waste subject to a composting operation.
The notifier can contact the Transport and Trade of Waste service in order to ascertain whether or not the planned transfer of waste requires prior notification.
A prior notification procedure must be followed for:
- all waste that will be disposed of;
- waste that will be recycled and:
- which is included in Appendix IV or IV A of Regulation (EC) No. 1013/2006;
- which is not included in Appendices III, III B, IV or IV A of the same regulation;
- which is a mixture of waste for which there is no separate classification in Appendices III, III B, IV or IV A of the regulation (unless included in Appendix III A).
The notifiers may contact the competent authority of the dispatch country (for Luxembourg, this is the Transport and Trade of Waste service of the Environment Agency) in order to ascertain whether or not the planned transfer of waste requires prior notification.
Exemption from notification
No notification is required for the national or international transfer of certain types of waste.
However, the organiser of the transfer must have:
- concluded a contract with the recipient of the waste;
- a duly completed and signed information document accompanying the national transfer of waste or the information document accompanying the international transfer of waste. This document may be requested for monitoring purposes during the transfer.
The following types of waste are concerned:
- green listed waste (Appendices III or III B of Regulation (CE) No. 1013/2006) which will be recycled if the amount exceeds 20 kg (smaller quantities require no action);
- waste weighing less than 25 kg that is intended for laboratory analysis in order to determine its physical or chemical properties and whether it can be recycled or disposed of.
Transfers of waste that require notification must be covered by a financial guarantee which must start at the beginning of the transfer at the latest and which must include waste storage costs for a period of 90 days.
Preliminary stepsIf the notifier did not produce the waste, they must have a waste collection and transportation permit and/or a waste trading or brokering permit.
The notifier must pay a fee to the Registration Duties, Estates and VAT Authority (Administration de l'enregistrement, des domaines et de la TVA) for the processing of the file.
The fees are set as follows:
- EUR 50 for a notification document;
- EUR 5 for each transfer if the transmission of the movement documents is made by email, fax or postal mail;
- EUR 2 for each transfer if the transmission of the movement documents is made using an electronic submission system provided or accepted by the Environment Agency.
How to proceed
Compiling the notification file
- proof of the registration/authorisation of the carrier (optional for the notification of national transfers of waste);
- proof of payment of the fee due for the notification and movement documents;
- a third-party liability insurance certificate covering damage caused to third parties;
- a copy of the contract concluded between the notifier and the intended recipient which is valid at the time of the notification;
- a copy of the contract between the producer, new producer or collector and the trader/broker if the latter is the notifier;
- the original version of the financial guarantee and the detailed calculation of the amount of the financial guarantee;
- a copy of the waste treatment facility operating permit and the type and duration of the permit;
- information on safety measures to be taken to ensure a safe transfer;
- a detailed description of the itinerary that will be followed, including the total distance to be traveled in both written form and on a road map;
- information regarding the costs of the transfer;
- a chemical analysis of the composition of the waste;
- a description of the waste's production process;
- a description of the waste treatment process at the recipient facility;
- in the event of the waste being recycled:
- the disposal method envisaged for any waste residue remaining after the recycling process;
- the volumes of waste recycled in relation to the amount of residue and non-recyclable waste;
- the approximate value of the recycled waste;
- the recycling and residue disposal costs.
The notifier may submit a single notification covering several transfers of waste, provided that the following applies:
- the types of waste are of a similar physical and chemical composition, and;
- the waste is transferred to the same recipient and the same facility;
- the transfer itinerary included in the notification documents is identical.
National transfer of waste
The applicant must submit the original copy of the notification file to the Transport and Trade of Waste service.
Within 3 working days of receiving the file, the administration:
- requests information or documents from the notifier if the notification is not full and complete;
- informs the notifier if it has any objections to the transfers, if the notification is full and complete.
If, within 30 days of receiving the notification, the Transport and Trade of Waste service has failed to send the notification, the notifier may request a reasoned explanation from the administration, unless the latter had requested further information and documents from the notifier and the notifier had failed to send them.
International transfer of waste
The applicant must submit the following to the competent authority of the dispatch country:
- the original version and a copy of the notification file;
- an additional copy for each competent transit authority.
Within 3 working days of receiving the file, the administration of the dispatch country may:
- request information or documents from the notifier if the notification was not full and complete;
- if the notification is full and complete:
- inform the notifier if it has any objections to the transfers;
- send the original notification file to the competent authority of the recipient country and copies to the competent authorities of any transit countries that may be involved. It will inform the notifier that it has done so.
If, within 30 days of receiving the notification, the competent authority of the dispatch country has failed to send the notification, the notifier may request a reasoned explanation from the administration, unless the latter had requested further information and documents from the notifier and the notifier had failed to send them.
Within 3 working days of receiving the file:
- the administrations of the recipient and transit countries may request further information or documents from the notifier;
- the competent administration of the recipient country sends a confirmation of receipt to the notifier and copies thereof to other competent authorities concerned, if the file is full and complete.
If, within 30 days of receiving the notification, the competent authority of the recipient country has failed to confirm receipt, the notifier may request a reasoned explanation.
The competent authorities then have 30 days to send in writing:
- their unconditional consent;
- their conditional consent;
- or their objections.
Any failure on the part of the competent authority of the transit country to raise its objections within these 30 days is considered tacit consent.
Transfers may only be carried out once the notifier has received at least the written consent of the competent authorities of the dispatch and recipient countries, with the notification duly stamped, signed and dated.
Furthermore, the transfer may only take place during the period covered by all of the requisite consents given.
3 working days before the beginning of each international transfer and one working day before the beginning of each national transfer covered by the notification file, the notifier must submit a movement document, completed and signed by the notifier and carrier, to the competent authorities concerned:
- by email, fax or post (copies of the document);
- or via an electronic submission system provided or accepted by the Environment Agency.
The original version of the movement document remains with the carrier and a copy thereof with the notifier.
Within 3 working days of receiving the waste, the recipient facility must certify receipt on the movement document and send a copy thereof to the notifier and the competent authorities concerned.