Guidance on permitting and inspection of waste management ...

07030/2010/576173/SER/C2 142.2.1. Waste Framework DirectiveScope and backgroundThe WFD represents the cornerstone of the EU waste managementlegislation, containing the scope of EU waste management legislation,setting strategic aims and basic principles, introducing definitions as well asobligations for MS. The Directive contains explicit obligations for permittingof waste management facilities and for inspection and monitoring which aregenerally applicable in the entire area of waste management, unlessexcluded from the scope (Article 2(1) and (2) WFD) ormore precisely regulated by specific legal documents (see particularlyArticle 2(4) WFD).PermittingAlthough not explicitly defined, the term “permit” is used in Chapter IV“Permits and registrations” of the WFD. The Chapter deals with the issuingof permits, undertakings and operations subject to permit requirements,and substantial conditions for permits as well as with registrations forcertain undertakings.Who is subject to permitting under the WFD?Article 23(1) WFD defines that“any establishment or undertaking intending to carry out wastetreatment”is subject to permit obligations; waste treatment being defined in Article3(14) WFD as “recovery or disposal operations, including preparation priorto recovery or disposal”. Member States may exempt waste recoveryestablishments or undertakings and waste disposal establishments orundertakings in case of own non-hazardous waste at the place of production(Article 24 WFD). In that case, general rules have to be laid down by thatMember State (Article 25(1) and (2) WFD). Information about theapplication of general rules within the MS is included in chapter 4.2.1.WFD contains:- Scope of EUwastemanagementlegislation- Strategic aims- Basic principles- Main definitions- Main obligationsPermitting – whoneeds it?- Establishment orundertakingcarrying outwaste treatment- MS may exemptwaste recoveryoperation anddisposal of nonhazardouswasteat place ofproductionRegistration – whoneeds it?- Professionalcollectors- Transporters- Dealers /brokers- Facilitiesexempted frompermitobligationsAccording to Article 26 WFD, the following are subject to registration byMember States:professional collectors,transporters,dealers/brokers,---------------------------Reference- Art. 23 – 26 WFDwaste management facilities exempted from permit requirements.European Commission<strong>Guidance</strong> (Final version)Services to support Member States' enforcement actions and inspections concerning the application of EU waste legislation