BASEL CONVENTION 2002 COUNTRY FACT SHEET 2009 POLAND STATUS

 BAU UND VERKEHRSDEPARTEMENT DES KANTONS BASELSTADT  FACTSHEET
ERZIEHUNGSDEPARTEMENT DES KANTONS BASELSTADT VOLKSSCHULEN  AN DIE
0 ILOIMOBC WG 27 IMO BASEL CONVENTION

ISTITUTO COMPRENSIVO STATALE “G PONTI” TREBASELEGHE SCUOLE
JUSTIZ– UND SICHERHEITSDEPARTEMENT DES KANTONS BASELSTADT HANDELSREGISTERAMT HANDELSREGISTERANMELDUNG
OUTLINE FIRST PRINCIPLES BASELINE REVIEW DEPARTMENT

MEMORANDUM




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



10 PERCENT BASELINE REDUCTION ISSUE NONLVC SUBMISSIONS TO THE
1256 EITHER CAT PERCUTANEOUS CORONARY INTERVENTION EFFECT OF BASELINE
20TH ANNIVERSARY OF THE ADOPTION OF THE BASEL CONVENTION


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