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Transit

Change of procedure regarding transit shipments as of December 1, 2011.
A transit shipment means a shipment of waste through one or more countries other than the country of dispatch or destination.
In case of a transit notification, NL Agency receives that notification from the foreign authority. Regulation (EC) No 1013/2006 on shipments of waste offers the competent authority of transit the possibility of giving a tacit consent.

Change of procedure: tacit consent

NL Agency has altered its procedure regarding notifications for the transit of waste through Dutch territory. As of December 1, 2011, NL Agency provides in principle a tacit consent in case NL Agency is the competent authority of transit. A letter will be sent the notifier which indicates a tacit consent of NL Agency may be assumed. A written consent or a stamped notification document will no longer be provided. The notifier is recommended to have a copy of the letter present with each shipment subject to the notification.

A tacit consent will only be provided if in the opinion of NL Agency lodging an objection is not applicable. If the notification concerns waste of which the shipment from the Community is prohibited (article 36 of Regulation (EC) No 1013/2006), NL Agency will lodge an objection to the notification.

Commencing date of a tacit consent

A tacit consent by the authority of transit starts when the time limit for submitting a decision has expired (article 9 of Regulation (EC) No 1013/2006). This means that a tacit consent will take effect after 30 days (or 7 working days in case of shipments to a pre-consented facility) following the date of transmission of the acknowledgement of receipt by the competent authority of destination.

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Published on: 29-11-2011|Changed on: 21-12-2011