I.1) (EC) Regulation n° 1013/2006 of 14/06/06 on transboundary movements of waste (TMWs)

Article 50 of (EC) Regulation n° 1013/2006 defines and reinforces the regulations to be applied to TMW inspections.

In particular, it introduces the obligation for Member States to define one (or several) inspection plans covering all geographical zones in their jurisdiction.

In addition, as of January 1^st 2016, it places responsibility on the person organising the shipment to prove that a given item is not waste (Art. 50 - § 4bis et seq. of the regulation cited above).

In order to verify that the shipment load does not constitute waste, or that the shipment is compliant with regulations, the authorities carrying out the inspection may require the holder or the person organising the shipment to produce documentary evidence to support their claim within a time limit set by the authority.

They may conclude that the substance or object in question constitutes waste if :

• the required proof has not been provided within the time limit,
• the proof and the information is considered insufficient to reach a conclusion,
• protection from damage during transport, loading and unloading is deemed insufficient.

  I.2) Regulation 1418/2007 of 29/11/07

Regulation n° 1418/2007 pertains to the export of certain waste types intended for recovery, as listed in Annex III or IIIA of EC Regulation n° 1013/2006 issued by the European Parliament and Council to certain countries to which the OECD decision regarding transboundary movements of waste does not apply.

In the event that regulations are not adhered to, the following sanctions may be applied :

• provisions particular to TMWs : L.541-40 to L.541-42-2 and R.541-62 to R.541-64,
• administrative and penal sanctions : L.541-42 et seq. and R.541-83 et seq.

Below you will find a list of applicable penal sanctions :

  II.1) Offences - Article L.541-46, paragraph 11 ° (excerpt regarding TMWs)

Persons found guilty of the following offences may be subject to a €75,000 fine and 2 years’ imprisonment :

a) Carrying out, or having another party carry out, a movement of waste without having notified the competent authorities in France or other countries, or without having received prior approval from said authorities where notification and approval are required.
=> NATINF Code : 27913, without prior notification, and 27914, without prior approval

b) Carrying out, or having another party carry out, a movement of waste for which the approval of competent authorities was obtained fraudulently.
=> NATINF Code : 27915

c) Carrying out, or having another party carry out, a movement of waste without the shipment being accompanied by a movement document as stipulated in Article 4 of (EC) Regulation n° 1013/2006 of 14 June 2006 regarding movements of waste.
=> NATINF Code : 27916

d) Carrying out, or having another party carry out, a movement of waste for which the producer, consignee or destination facility are not those mentioned in the notification or movement documents described in Article 4 of the Regulation cited above.
=> NATINF Code : 27918, TMW to a facility or consignee other than those indicated in Annex 1A and/or 1B, and 27919, TMW from a producer other than the one indicated in Annex 1A and/or 1B

e) Carrying out, or having another party carry out, a movement of waste of a different nature to the one indicated in the notification and movement documents stipulated by Article 4 of the Regulation cited above, or involving a quantity of waste that is significantly greater than that indicated in these documents.
=> NATINF Code : 27920

f) Carrying out, or having another party carry out, a movement of waste whose recovery or disposal will be effected in contravention of local or international law(s).
=> NATINF Code : 27921

g) Exporting waste in contravention of Articles 34, 36, 39 and 40 of the regulation cited above.
=> NATINF Code : 27922, prohibited exports

h) Importing waste in contravention of Articles 41 and 43 of the Regulation cited above.
=> NATINF Code : 27923, prohibited imports

i) Mixing waste types during transfer, in contravention of article 19 of the Regulation cited above.
=> NATINF Code : 27917

j) Failing to defer to the terms of a formal notice issued under Article L. 541-42.
=> NATINF Code : 27924 or 27925

  II.2) Offences - Articles R 541-83 - R-541-85 of the French Environmental Code

Carrying out or having another party carry out a transboundary movement of waste without proper documentation, or with documentation that is inaccurate or incomplete, is punishable by a fine for 4^th-tier offences.
=>NATINF Code :

• 27934 - TMW not accompanied by required documentation
• 27935 - TMW accompanied by incomplete documentation
• 27936 - TMW accompanied by inaccurate documentation
• 27937 - TMW accompanied by incomplete movement document
• 27938 - TMW accompanied by inaccurate movement document

The following acts are punishable by a fine for 5^th-tier offences :

• carrying out or having another party carry out a movement of waste without the shipment being accompanied by a copy of the contract drawn up between the person organizing the movement and the consignee, as stipulated in Article 18 of Regulation N° 1013/2006.
  => NATINF Code : 27939

• upon obtaining approval for the movement, making fundamental modifications without informing the competent authorities (planned route, carrier, transport method, etc.).
  => NATINF Code : 27940

• failing to indicate in the notification document any subsequent non-interim operations, and consigning the waste to a State other than the destination indicated.
  => NATINF Code : 27941