Art. 44

02024R1157-20250109 → 02024R1157-20260730

Article 44 General regime for exports of waste 1. Where waste referred to in Article 4(2) to (5) is exported from the Union and destined for recovery in countries to which the OECD Decision applies, with or without transit through countries to which the OECD Decision applies, the provisions of Title II shall apply mutatis mutandis, with the adaptations and additional provisions listed in paragraphs 2, 3, 4 and 6. 2. The following adaptations shall apply: (a) the notifier shall provide, annexed to the notification document, documentary evidence that an audit as referred to in Article 46(3) has been carried out in the facility to which the waste is being exported, unless the exemption in Article 46(11) applies; (b) mixtures of wastes listed in Annex IIIA destined for an interim operation shall be subject to the procedure of prior written notification and consent if any subsequent interim or non-interim recovery operation or subsequent non-interim disposal operation is to take place in a country to which the OECD Decision does not apply; (c) waste classified under entry B3011 shall be subject to the procedure of prior written notification and consent; (d) waste listed in Annex IIIB and shipments of waste destined for experimental treatment trials referred to in Article 4(5) shall be subject to the procedure of prior written notification and consent; (e) shipments of waste destined for laboratory analysis referred to in Article 4(5) shall be subject to the procedure of prior written notification and consent, unless the quantity of such waste has been determined based on the minimum quantity reasonably needed to adequately perform the analysis in each particular case, and does not exceed 25 kg, in which case the procedural requirements of Article 18 shall apply; (f) the export of waste referred to in Article 4(3) shall be prohibited; prohibited, except to Switzerland; (g) the consent as required in accordance with Article 9 may be provided in the form of tacit consent from the competent authority of destination outside the Union; (h) the consent to a shipment of certain waste in accordance with Article … 452 unchanged words … 9 before that time limit. 7. Where waste is exported, it shall be destined for recovery operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination. 8. Article 38(6) shall apply.