Waste management – transboundary movements of waste

FREEDOM OF ESTABLISHMENT

If you are already established in any EU/EEA state, you are free to provide services as a legal or natural person, on a permanent basis by means of an establishment in Croatia.

WASTE
‘Green’ listed waste‘Amber’ listed waste
Annex III, III A and III B to the RegulationAnnex IV to the Regulation
 Waste not listed in any of Annexes III, IIIA, IIIB, IV and IV A to the Regulation

As for the transboundary movements of waste within the EU, the ‘Amber’ listed waste is subject to the procedure of the prior written notification and consent (the notification procedure) regardless of whether it has been shipped to another state for recovery or disposal, while the ‘Green’ listed waste shipped to another state for recovery is not subject to the notification procedure but is subject to the general information requirements.

The person under the jurisdiction of the country of dispatch who arranges the shipment, has to ensure that the waste is accompanied by the document contained in Annex VII to the Regulation and the contract referred to in Annex VII between the person who arranges the shipment and the consignee for recovery of the waste to be effective when the shipment starts, and includes an obligation, where the shipment of waste or its recovery cannot be completed as intended or where it has been effected as an illegal shipment, on the person who arranges the shipment or, where that person is not in a position to complete the shipment of waste or its recovery (for example is insolvent), on the consignee, to:

(a) take the waste back or ensure its recovery in an alternative way; and

(b) provide, if necessary, for its storage in the meantime. 

The waste sent to another state for disposal (procedures D1-D15) is subject to the notification procedure.

Export of ‘Green’ listed waste to states to which the OECD Decision on the control of transboundary movements of waste does not apply, has to be in accordance with Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 to certain countries to which the OECD Decision on the control of transboundary movements of waste does not apply. Where a particular waste or mixture of waste is not indicated for a given state, the procedure of prior written notification is applicable in such cases, i.e. the export is subject to the notification procedure.


Required documents

Transboundary movements of waste not subject to the notification procedure is regulated by the general information requirements.

Documents:

– Annex VII

Contract referred to in Annex VII between the person who arranges the shipment and the consignee for recovery of the waste

Transboundary movements of waste subject to the notification procedure

The notification on intended start of the transboundary movements of waste subject to the notification procedure referred to in Article 4 of Regulation (EC) 1013/2006 has to contain at least the following documents as listed in Annex II, Part 3 of the Regulation:

  • completed and stamped copies of documents provided for in Annex IA and IB to Regulation (EC) No 1013/2006

— application for issuing numbered copy of a document is sent before submitting the application for issuing a consent to the Ministry and it is required to write waste code, estimated amount of waste and the state to which the waste is being delivered;

  • contract between the notifier and the waste consignee pursuant to Article 5 of Regulation (EC) No 1013/2006;  
  • contract or authorisation for the cases referred to in points (iv) and (v) of Article 2 (15) (a) of Regulation (EC) No 1013/2006;
  • financial guarantee or equivalent insurance as described in Article 6(1) of Regulation (EC) No 1013/2006 to the amount covering at least the number of planned shipments referred to in the notice that would be simultaneously sent (it has to cover: costs of transport, costs of recovery or disposal, including any necessary interim operation; and costs of storage for 90 days);
  • copy of the registration of the waste transport operator in the home state of the establishment;
  • copy of the waste recovery or disposal permit of the person undertaking to recover or dispose of waste, if this person is established outside the Republic of Croatia;
  • description of the technological process used for the recovery or disposal of waste;
  • transport route, including the possible alternative routes;
  • list of competent authorities involved in transboundary movements of waste.

The application has to be accompanied by copies of documents for the country of dispatch, transit countries and the country of destination. 

Exception: In cases concerning facilities that are frequently employed for waste recovery or disposal, the responsible official may estimate that the notification needs not to contain a copy of the permit and description of the technological process.

a) For delivery/import of waste shipments subject to the notification procedure to the Republic of Croatia, the notification has to additionally contain documents as listed in Annex II, Part 3 of Regulation (EC) 1013/2006:

  1. chemical analysis of the composition of the waste, where applicable, and
  2. description of the waste generation process.

b) For delivery/export of waste shipments subject to the notification procedure from the Republic of Croatia, the notification has to additionally contain the following documents:

  • e-ONTO statement (Electronic register on waste creation and transport) in cases concerning the original producer, or types of waste not yet generated by the producer, a declaration thereof;
  • declaration on the possession of an appropriate document in accordance with provisions of the Waste Management Act in cases referred to in points (ii) and (iii) of Article 2 (15) (a) of Regulation No 1013/2006;
  • proof of the possession of the waste in cases referred to in point (vi) of Article 2 (15) (a) of Regulation (EC) No 1013/2006.

Restrictions 

  • It is prohibited to deliver hazardous waste, mixed municipal waste and residues arising from the incineration of mixed municipal waste within the territory of the Republic of Croatia for the purpose of their
  • It is prohibited to deliver mixed municipal waste for energy purposes within the territory of the Republic of Croatia.

Authorisation

Transboundary movements of waste subject to the notification procedure are authorised by the Ministry in writing.

By way of exception, when the Republic of Croatia is a transit state between EU Member States for transboundary movements of waste subject to the notification procedure, and without transit through third states, the Ministry will not issue a written authorisation, but instead it will be considered that a tacit consent has been given.

Authorisation contains at least the following information:

  1. name and code of the waste pursuant to the list of waste in accordance with Annexes III, IIIA, IIIB, IV, IVA and V to Regulation (EC) No 1013/2006 where applicable, and other waste markings;
  1. estimated amount of waste; and
  1. the authorisation validity period.

In the cases referred to in Article 9 (8) of the Regulation, the Ministry will issue a decision revoking the authorisation and inform thereof all competent authorities involved in transboundary movements of waste.


Fees

HRK 3.500 for issuing authorisation for import/delivery of waste subject to notification procedure to the Republic of Croatia (with countervalue in EUR).

HRK 700 for issuing authorisation for transit of waste subject to notification procedure through the Republic of Croatia subject to the notification procedure. 

Payments are made by using online banking: 

Bank: Hrvatska narodna banka (Croatian National Bank), Trg hrvatskih velikana 3, 10000 Zagreb, Hrvatska

IBAN: HR1210010051863000160

SWIFT CODE: NBHRHR2X

Beneficiary: Ministarstvo financija RH (Ministry of Finance of the Republic of Croatia), Katančićeva 5, 10000 Zagreb, Hrvatska

Payment reference number: HR64 5002-47053-MB (“MB” stands for the company registration number entered into the official register of the home state)

Remittance info: in the field Note please enter number 1001005-1863000160 and payment reference number 64 5002-47053-MB (company registration number)


Application

pisarnica@mingor.hr (for sending scanned documents; signed and without a stamp)

Do you need an assistance? Contact us.


Competent authority and regulations

Ministry of the Economy and Sustainable Development

Radnička cesta 80, 10000 Zagreb

+385 1 3717 125

okolis.otpad@mingor.hr

Prior notification of consignments: notification@mingor.hr

Delivery of stamped copies of movement documents: movement@mingor.hr

Waste Management Act

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OL L 190, 12.7.2006)

Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for the recovery of certain waste 


Remedies 

The decision on authorisation may not be appealed, but administrative proceedings may be initiated before the Administrative Court of the Republic of Croatia having territorial jurisdiction, within 30 days of the decision on authorisation. Submissions are delivered to the Administrative Court of the Republic of Croatia having territorial jurisdiction directly in writing, in form of minutes, or by post and by electronic means.

Last updated on 17 January 2021

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