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Compiling a notification file

Asking for a pre consent

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publié le 29 janvier 2019

1/ What is a pre-consent ?

A pre-consent is a document granted for a recovery facility in order to allow it to receive waste during 3 years with a single notification (and not during 1 year).
It eases and shortens the leadtime to instruct the notification files.

Reminder  : pre-consent can only be granted for recovery facilities.

So as to grant for a pre-consent to a French facility, 4 requirements have to be fulfilled :

  1. The facility has to be a recovery facility which is implementing the best available techniques (in compliance with best references)
  2. The facility has to be standardised both/either ISO (9000 or 14000) and/or EMAS
  3. More than 50% of the received waste (in weight) has to be recovered
  4. The facility must not be under any administrative charge (including under a legal notice) or any legal action within the instruction of the asking

Regulation source : article 14 of regulation (EC) No 1013/2006 of the European Parliament and of the Council on 14 June 2006 regarding shipments of waste.

2/ How to ask for a pre-consent ?

Any French facility which expect to benefit from a pre-consent has to fill out a file. Please find here the link to the form : formulaire de demande const prealable (format pdf - 61.4 ko - 29/01/2019)

Then, please mail this file (the form and the supportings) to :
2 rue Augustin Fresnel
CS 95038
FR-57071 Metz Cedex 3

Please be informed that any foreign facility expecting to benefit from such a pre-consent has to refer to the competent authority of its country.

3/ How is the asking instructed ?

The PNTTD instructs the file in collaboration with the requisite DREAL (Direction Régionale de l’Environnement, de l’Aménagement et du Logement).
If the file is compliant and complete, the decision will be given for 10 years.
It will precise the authorized Basel code(s), the recovery operations and the yearly granted volumes.
Please find attached a summary chart in annex (see below).

4/ Can the pre-consent be cancelled ?

The pre consent may be cancelled if either the facility is under an administrative charge (including a legal notice directly linked with the recovery process) if either or the legal representative is sentenced by the law.