National Threat Assessment 2008. Organised Crime - Politie

Hazardous substances are listed on the orange list in the aforementioned EU
Waste Shipment Regulation. Whenever the shipment of hazardous substances is
allowed, a written notice must be issued and permission must be granted prior
to the shipment. Hazardous substances may only be shipped if they are intended
for a useful application and, even if they are, only to certain (usually wealthy)
countries. A useful application assumes that secondary raw materials have been
obtained by recycling, re-use, recovery or other actions. All other cases are
considered to be disposal (dumping of waste materials, for example).
Non-hazardous substances are listed on the green list. When shipping nonhazardous
substances it is sufficient to send certain accompanying information
with the transport. Non-hazardous substances intended for a useful application
can be shipped to any country (provided that the accompanying information is
present). Shipment of non-hazardous substances for disposal is prohibited, unless
the substances are exported to countries to which the OECD Decision applies,
countries that are named as ‘third-party countries’ in the Basel Convention
or countries that have entered into a bilateral agreement with the EU.
The shipment of waste materials requires that a contract be drawn up between
the person having the waste shipped (or the person carrying out the shipment)
and the person receiving the waste. This contract must be accompanied by
financial guarantees if the waste in question requires a notification. As part
of the notification procedure, the person issuing the notification must send a
notification to the competent authorities in the country from which the waste
is to be shipped, who must then send on this notification to the competent
authorities in the destination and transit countries. The competent authorities
must grant permission within a period of 30 days (with or without conditions) or
make their objections known. If a shipment cannot be completed in the planned
manner (including the useful application of the waste materials or their disposal),
the person issuing the notification must take back the waste materials, in
principle at his own expense.
In the Netherlands, the Inspectorate of the Ministry of Housing, Spatial
Planning and the Environment is responsible for supervising compliance with and
the administrative enforcement of the EU Regulation on the Shipment of Waste.
An inspection can be performed:
• at the premises of the producer of the waste materials, the holder
or the issuer of the notification;
• at the premises of the recipient of the waste materials;
• during the shipment itself;
• and – in consultation with the enforcement agency in the destination
country – at the premises of the processing company.
chapter 3 – Fraud and money laundering
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