Basel Convention 2002 Country Fact Sheet 2009 Poland Status

basel convention 2002 country fact sheet 2009 poland status of ratifications: party to the basel convention: 22.03.1992 (r)

Basel Convention 2002
Country Fact Sheet 2009
Poland
Status of Ratifications:
Party to the Basel Convention:
22.03.1992 (r)
Amendment to the Basel Convention:
29.01.2003 (A)
Basel protocol on Liability and Compensation:
-
(Accession (a); Acceptance (A); Approval (AA); Formal confirmation
(c); Ratification; Succession (d))
Competent Authority
Focal Point
Chief Inspector
Chief Inspectorate for Environmental Protection
Wawelska St 52/54
00-922 Warsaw
Poland
phone: (48 22) 825 33 25
fax: (48 22) 825 04 65
email: [email protected] or [email protected]
Chief Specialist
Division of Transboundary Movement of Waste in Department of Market
Control
Chief Inspectorate for Environmental Protection
Wawelska St 52/54
PL-0922 Warsaw
Poland
phone: (48 22) 592 80 92
fax: (48 22) 592 80 93
email: [email protected]
National Definition
National definition of waste used for the purpose of transboundary
movements of waste exists in Poland.
In the light of the Act on Waste of 27 April 2001 (O.J. of 2 June
2001, No.62, Item 628 as amended, came into force in October 2001)
"waste" shall mean any substance or object in one of the categories
listed in Annex I to this Act with the holder thereof discards or
intends or is required to discard.
National definition of hazardous waste used for the purpose of
transboundary movements of waste exists in Poland.
In the light of the Act on Waste of 27 April 2001 (Official Journal of
2010 No. 185, item 1243, as amended) “hazardous waste” shall mean
waste:
1) is included within a categories or types of waste as specified in
the List A in Annex II to the Act and characterized by at least one o
the properties specified in the Annex IV to this Act; or
2) is included within the categories or types of waste as specified in
List B in
Annex II to the Act, includes any of the components specified in Annex
III possessing at least one of the properties specified in the Annex
IV to the Act.
Annex II specifies categories or types of hazardous waste. Annex III
specifies components of waste which qualifies waste as hazardous
waste.
The minister responsible for the environment laid down the ordinance
of 27tf October 2010 on the waste catalogue (Official Journal of Laws
of 2001, No.112, Item 1206). The new national list of hazardous waste
is a part of waste catalogue. New waste classification is consistent
with EU classification.
Poland regulates/controls additional wastes as hazardous that are not
included in Art. 1 (1)a of the Basel Convention and would be
controlled for the purpose of transboundary movements pursuant to Art.
1 (1)b.
National list of hazardous waste is defined in the ordinance of the
Minister of Environment of 27th October 2010 on the waste catalogue
(Official Journal of 2001, No.112, Item 1206). Catalogue is based on
Commission Decision of 16th January 2010 amending Decision 2000/532/EC
as regards the list of waste (European Waste Catalogue). Waste are
divided into 20 groups. Catalogue defines groups, subgroups, types of
waste and their codes (six figures). Two first figures mean the source
of generation, two next figures describe subgroup of waste and the
whole six figures codes means type of waste. Hazardous waste are
marked on the list with asterisk. Polish national list of hazardous
waste covers all types of hazardous waste stipulated in European Waste
Catalogue and additionally covers the below mentioned waste which are
consider hazardous under national legislation:
01 03 80* Tailings from enrichment by flotation of non-iron metal ores
that contain hazardous substances
01 04 80* Tailings from enrichment by flotation of coal that contain
hazardous substances
01 04 82* Tailings from enrichment by flotation of sulfide ores that
contain hazardous substances
01 04 84* Tailings from enrichment by flotation of phosphoric ores
(phosphorites, apatites) that contain hazardous substances
02 01 80* Dead animals and animals slauthered out of necessity as well
as animal tissue waste, that exhibit hazardous properties
02 02 80* Animal tissue waste that exhibits hazardous properties
03 01 80* Waste from chemical processing of wood that contain
hazardous substances
05 06 80* Liquid wastes that contain phenols
07 04 80* Expired plant protection agents, toxicity class I and II
(highly toxic and toxic)
07 05 80* Liquid wastes containing hazardous substances
09 01 80* Expired photography reagents
10 11 81* Azbestos-containing waste
16 81 Waste resulting from accidents and unplanned events
16 81 01 * Wastes exhibiting hazardous properties
16 82 Waste resulting from natural disasters
16 82 01 * Wastes exhibiting hazardous properties
18 01 80* Used therapeutic baths, biologicaly active, with infectious
capability
18 01 82* Food remains from feeding patients residing in infectious
unit
The national definition of hazardous waste covers also wastes other
than those listed in Annexes I, II and VIII of the Basel Convention.
The Secretariat of the Basel Convention has made the information
transmitted to it, pursuant to article 3 of the Basel Convention,
available on the website of the Basel Convention
(http://www.basel.int/natdef/frsetmain.php).
In Poland there are no wastes other than those pursuant to Art. 1 (1)a
and/or Art. 1 (1)b of the Basel Convention that require special
consideration when subjected to transboundary movement.
Restrictions on Transboundary Movement
Amendment to the Basel Convention
The amendment to the Basel Convention (Decision III/1) has been
implemented in Poland.
Poland ratified the amendment.
The Act of 5 July 2002 on Ratification of Amendment to Basel
Convention about control of transboundary movement and disposal of
hazardous waste (O.J. No 135, Item 1142) came into force in September
2002. The acceptance was deposited with the Depositary on 29 January
2003.
Restrictions on export for final disposal
Poland restricts the export of hazardous wastes and other wastes for
final disposal.
Regulation (EC) no 1013/2006 of the European Parliament and of the
Council of 14 June 2006 on shipment of waste which became applicable
since 12.07.2007.
The restriction covers all countries except for EU and EFTA countries
which are also Parties to Basel Convention.
- Shipments within the EU:
Shipments of waste destined for disposal operations between Member
States of the EU are subject to notification procedure stipulated in
articles 3 - 11 of the Regulation No 1013/2006.
- Export outside the EU:
In general all exports of waste for disposal are prohibited except for
those to EFTA countries which are Party to Basel Convention (art. 34).
In case of export of waste for disposal to EFTA countries,
notification procedure stipulated in art. 35 should be applied.
Since 12.07.2007:
- Shipments within the EU:
Shipments of waste destined for disposal operations between Member
States of the EU are subject to notification procedure stipulated in
articles 3 - 11 of the Regulation No 1013/2006.
- Export outside the EU:
In general all exports of waste for disposal are prohibited except for
those to EFTA countries which are Party to Basel Convention (art.34).
In case of export of waste for disposal to EFTA countries,
notification procedure stipulated in art. 35 should be applied.
Restrictions on export for recovery
Poland restricts the export of hazardous wastes and other wastes for
recovery.
Regulation (EC) no 1013/2006 of the European Parliament and of the
Council of 14 June 2006 on shipment of waste which became applicable
since 12.07.2007.
The restriction covers all countries except for EU and OECD countries.
- Shipments within the EU:
Green listed waste (Annex III to the Regulation No. 1013/2006): no
control procedure (shipments to Poland, Slovakia, Latvia, Bulgaria and
Romania - Art. 63 of Regulation No. 1013/2006 - control procedure
according to art. 3-12 of the Regulation No 1013/2006).
Amber listed waste (Annex IV to the Regulation No. 1013/2006): -
control procedure stipulated in art. 3-12 of Title II of the
Regulation No 1013/2006
Unlisted waste - control procedure stipulated in art. 3-12 of
Regulation No 1013/2006
(unlisted waste - waste for which no single entry exists in green and
amber list of waste).
- Shipments outside the EU:
All exports of hazardous waste:
- classified as hazardous waste in Annex V of Regulation No.
1013/2006,
- hazardous waste not listed in Annex V,
- mixtures of hazardous waste and mixtures of hazardous and non
hazardous waste,
- waste classified by consignee country as hazardous,
- waste which import was prohibited by consignee country
according to the art. 36 of Regulation No. 1013/2006 are prohibited
except for OECD countries.
(Annex V comprises waste of annex VIII and IX to the Basel Convention
as well as of European Waste Catalogue (hazardous waste is marked with
an asterisk).
Export of waste to OECD countries is subject to control procedures
stipulated in art. 38 of Regulation No 1013/2006.
Proceduire of export of green waste from the EU to non-OECD countries
destined for recovery operations is regulated by Commission Regulation
no. 1418/2007 on 29.11.2007 amended by Commission Regulation no.
740/2008 on 29.07.2008 and Commission Regulation no. 967/2009 on
15.10.2009.
Restrictions on import for final disposal
Poland restricts the import of hazardous wastes and other wastes for
final disposal. Regulation (EC) no 1013/2006 of the European
Parliament and of the Council of
14 June 2006 on shipment of waste which became applicable since
12.07.2007.
The restriction covers all countries except for EU, Basel Convention
countries and countries which have the agreement signed with an EU
country.
- Shipments within the EU:
Shipment of waste destined for disposal operations between Member
States of the EU is subject to notification procedure stipulated in
articles 3 - 12 of Regulation (EC) no 1013/2006
- Shipments into the EU:
In general all imports of waste for disposal are prohibited except for
those from Basel Convention countries or from countries which have an
agreement signed with an
EU country (art. 41 - 42 of Regulation No. 1013/2006).
Restrictions on import for recovery
Poland restricts the import of hazardous wastes and other wastes for
recovery.
Regulation (EC) no 1013/2006 of the European Parliament and of the
Council of
14 June 2006 on shipment of waste which became applicable since
12.07.2007.
The restriction covers all countries except for EU, OECD and Basel
Convention countries.
- Shipments within the EU:
Green listed waste (Annex III to the Regulation No. 1013/2006): no
control procedure (shipments to Poland, Slovakia, Latvia, Bulgaria and
Romania - art. 63 of Regulation No 1013/2006 - control procedure
according to articles 3 - 12 of the Regulation No 1013/2006)
Amber listed waste (Annex IV to the Regulation No. 1013/2006) -
control procedure stipulated in articles 3 - 12 of the Regulation No
1013/2006
Unlisted waste - control procedure stipulated in art. 3 - 12 of
Regulation No. 1013/2006
(unlisted waste - waste for which no single entry exists in green and
amber list of waste)
- Shipments into the EU
In general all imports of waste for recovery are prohibited except for
OECD countries, Basel Convention countries and from countries which
have an agreement signed with an EU country according to the
procedures stipulated in art. 43 - 45 of Regulation No. 1013/2006.
Restrictions on transit
Poland restricts the transit of hazardous wastes and other wastes.
Regulation (EC) no 1013/2006 of the European Parliament and of the
Council of
14 June 2006 on shipment of waste which became applicable since
12.07.2007.
The restriction covers all countries since 1 May 2004.
Transit of the waste for disposal – procedure stipulated in art. 47 of
Regulation (EC) no 1013/2006.
Transit of the waste for recovery - procedure stipulated in art. 48 of
Regulation (EC) no 1013/2006.
Reduction and/or Elimination of Hazardous Waste Generation
National strategies/policies
The reduction of hazards posed by hazardous waste is one of the
priorities of the National Environmental Policy and waste management
plans. The Polish Act of 27 April 2001 on waste (Official Journal of
2010 No. 185, item 1243, as amended) introduced obligation to prepare
waste management plans The Council of Ministers establishes the
National Waste Management Plan to be developed by the Minister
pertinent to environmental matters in agreement with the Minister
pertinent to water management. The waste management plans shall be
updated at least every 4 years.
The first such National Waste Management Plan (NWMP) was approved by
resolution No. 219 of the Council of Ministers of Republic of Poland,
of 29 October 2002 (Monitor Polski - Governmental Official Journal of
2003, No.11, item 159).
The second “National Waste Management Plan 2010” (NWMP 2010) was
approved by resolution No. 229 of the Council of Ministers of Republic
of Poland, of 29 December 2006 (Monitor Polski - Governmental Official
Journal of 2006, No.90, item 946). The NWMP 2010 covers waste
generated domestically, particularly municipal waste, hazardous waste,
packaging waste and municipal sewage sludge, as well as waste imported
into the national territory.
The objectives and tasks presented in the NWMP 2010 relate to the
period 2007 – 2010 and in the 2011-2018 perspective.
Legislation, regulations and guidelines
The Polish Act of 27 April 2001 on waste regulates the issues related
to waste management including reduction and elimination of generation
of hazardous waste and other waste. The Act imposes standards for
recovery and disposal of waste (in line with the EU requirements) and
defines system of permits for the generation and further handling of
hazardous waste.
The Act of 11 May 2001 on Economic Operators’ Obligations in the Scope
of Managing Certain Types of waste and on the Product Charges
(Official Journal of 2007 No. 90, item 607, as amended), the Act of 20
January 2005 on recycling of End-of Life Vehicles (Official Journal
2005, No. 25, item 202, as amended), the Act of
29 July 2005 of Waste Electrical and Electronic Equipment (Official
Journal of 2005 No. 180, item 1495,as amended), the Act of 24 April
2009 on batteries and accumulators (Official Journal of 2009, No. 79,
Item 666) also regulates the issues related to this specific types of
hazardous waste.
Economic instruments/ initiatives
The Act of 11 May 2001on Economic Operators’ Obligations in the Scope
of Managing Certain Types of Waste and on the Product Charges
(Official Journal. of 2007, No.90, Item 607, as amended), came into
force on 1 January 2002. It contains legal and economic instruments
(the obligation to recover waste - or pay product charges) promoting
the establishment of a system for collection and recovery of certain
types of hazardous waste (waste oils, discharge lamps, batteries and
accumulators). The Act of 24 April on batteries and accumulators
introduces the economic instrument like the product fee levied on the
operators who could not afford the obligation to achieve the
collection rate of portable waste batteries and accumulators. Moreover
in case of waste automotive and industrial acid – lead accumulators,
collection system of this accumulators is regulated by the deposit
fee.
Measures taken by industries/waste generators
Others
Transboundary Movement Reduction Measures
National strategies/policies
Principle of self-sufficiency and proximity apllies to all shipments
of waste destined for disposal and to shipments of selected amber
listed and unlisted waste destined for recovery until 2012.
Legislation, regulations and guidelines
Regulation (EC) No. 1013/2006 of the European Parliament and of the
Council of 14 June 2006 on shipments of waste including art. 63 on
transitional arrangements of Poland, Slovakia, Latvia, Bulgaria and
Romania.
Economic instruments/ initiatives
Measures taken by industries/waste generators
Others
Disposal/
Recovery Facilities
Disposal facilities
*
; ;
*
A list of recovery and disposal facilities has been attached to the
National Waste Management Plan 2010 and to the Voivodship Waste
Management Plans. The list of above-mentioned facilities could be
obtained from the Competent Authority.
Recovery/recycling/re-use facilities
*
; ;
*
A list of recovery and disposal facilities has been attached to the
National Waste Management Plan 2010 and to the Voivodship Waste
Management Plans. The list of above-mentioned facilities could be
obtained from the Competent Authority.
Bilateral, Multilateral or Regional Agreements
*
No agreements
*
Technical Assistance and Training Available
*
Institute of Mechanised Construction & Rock Mining
*
Institute of Environmental Protection
*
Main Mining Institute
*
State Geological Institute – hazardous waste landfills
*
Institute for Ecology and Industrial Areas
*
Almost all technical universities have faculties/teams dealing with
waste management.
Data on the Generation and Transboundary Movements of Hazardous Wastes
and Other wastes in 2009 (as reported)
Quantities
(in metric tons)
Generation
==========
Amount of hazardous wastes generated under Art. 1(1)a (Annex I:
Y1-Y45) of BC
1126813
Amount of hazardous wastes generated under Art. 1(1)b of BC
6613751
Total amount of hazardous wastes generated
------------------------------------------
Amount of other wastes generated (Annex II: Y46-Y47)
6679692
Export
======
Amount of hazardous wastes exported
12437
Amount of other wastes exported
13222
Import
======
Amount of hazardous wastes imported
28617
Amount of other wastes imported
8292