3.2 Five constituent elements of the pap of Germany’s policy of waste importation
Objective
In the Regulation No 1013/2006 of The European Parliament And of The Council of 14 June 2006 on Shipments of Waste, the objective can be found as follows, “the main and predominant objective and component of this Regulation is the protection of the environment, its effects on international trade being only incidental”.22
This aim shall be achieved by means of stringent operational conditions and technical requirements, through setting emission limit values for waste incineration and co-incineration plants within the Community and also through meeting the requirements of Directive 75/442/EEC.23
Evaluative element
Measurement systems shall be required to monitor the parameters of an installation and relevant emissions. Emissions to air and to water must be measured continuously or periodically in accordance with Article 11 and Annex III of the Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.24
Operational elements
If political-administrative actors would like to oblige the producer, the brokers, the consignees, the facilities to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment, the political-administrative actors should divide waste into three categories: waste for disposal, green-listed waste for recovery and hazardous waste for recovery.
If political-administrative actors would like to oblige the producer, the brokers, the consignees, the facilities to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment, the political-administrative should ban the import of solid waste for disposal from other countries except from states which are Parties of the Basel Convention, members of EFTA and Parties to the Basel Convention, or with which the EU or individual Members States has or have concluded bilateral or multi-lateral agreements or arrangements
If political-administrative actors would like to oblige the producer, the brokers, the consignees, the facilities to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment, the political-administrative actors should oblige them to acquire consent after written notification for importing hazardous waste for disposal or recovery.
If political-administrative actors would like to oblige all the target groups to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment, the political-administrative actors should oblige them to file the movement document.
If political-administrative actors would like to oblige all the brokers to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment, the political-administrative actors should oblige them to acquire a license on them.
If political-administrative actors would like to oblige transporters to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment, the political-administrative actors should oblige them to acquire a license.
PAA and resources
Competent authorities responsible for the implementation of the WSR are to be designated by the Member States, as provided for in Art. 53 WSR. In addition, Art. 54 WSR provides that each Member State has to designate at least one correspondent, responsible for cooperation in particular between the Member States and the EU Commission and also for informing or advising persons or undertaking. In Germany, the Federal Environment Agency (Umweltbundesamt) has been designated as Focal Point in accordance with Art.15 of Waste Shipment Act (Ger.) and competent authority for the authorization of the transit of wastes in accordance with Art.14 Para.4 of Waste Shipment Act (Ger.). The competent authorities designated for the import and export of wastes in the Federal States are the regional authorities (district governments or district administrations in North-Rhine Westphalia, Hesse and Bavaria). Most of the Federal States have designated only one authority.25
Procedural elements
The procedure of movement document (Joachim Wuttke, 2007)