Take-back when a consented shipment cannot be completed as intended
Article 22
1. Where any of the competent authorities concerned becomes aware that a shipment of waste, or its recovery or disposal, to which the competent authorities concerned have given consent, cannot be completed as intended in accordance with the terms of the notification and movement documents or contract referred to Article 6, and where such shipment is not an illegal shipment, such authority shall immediately inform the competent authority of dispatch thereof. Where a recovery or disposal facility rejects a shipment received, it shall immediately inform the competent authority of destination. 2. The competent authority of dispatch shall ensure that, except in cases referred to in paragraph 3, the waste in question is taken back to its area of jurisdiction or elsewhere within the country of dispatch by the notifier, or, where relevant, by a person deemed to be the notifier in accordance with paragraph 11 or 12, in order to arrange for its disposal or recovery. Where that is impracticable, that competent authority itself or a natural or legal person on its behalf shall comply with this Article. The take-back referred to in the first subparagraph shall take place within 90 days, or such other period as may be agreed between the competent authorities concerned, after the competent authority of dispatch becomes aware or has been advised by the competent authorities of destination or transit that the consented shipment of waste or its recovery or disposal cannot be completed as intended and has been informed of the reasons therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities. 3. The take-back obligation set out in paragraph 2 shall not apply if the competent authorities of dispatch, transit and destination concerned are satisfied that the waste can be recovered or disposed of in an alternative way in the country of destination or elsewhere by the notifier, or, where relevant, by a person deemed to be the notifier in accordance with paragraph 11 or 12, or, if that is impracticable, by the competent authority of dispatch or by a natural or legal person on its behalf. The take-back obligation set out in paragraph 2 shall not apply if the waste shipped has, in the course of the operation at the facility concerned, been irreversibly mixed with other waste, so that its composition or nature has changed or that the waste in question can no longer be separated before a competent authority concerned has become aware of the fact that the notified shipment cannot be completed as referred to in paragraph 1. Such mixture of wastes shall be recovered or disposed of in an alternative way in accordance with the first subparagraph of this paragraph. 4. In cases of alternative arrangements as referred to in paragraph 3, the notifier, or, where relevant, the person deemed to be the notifier in accordance with paragraph 11 or 12, or, if that is impracticable, the competent authority of dispatch or the natural or legal person on its behalf, shall ensure that the waste concerned is managed in an environmentally sound manner in accordance with Article 59. 5. In cases of take-back as referred to in paragraph 2, a new notification shall be submitted, unless the competent authorities concerned agree that a duly reasoned request by the initial competent authority of dispatch is sufficient. A new notification, where appropriate, shall be submitted by the initial notifier or, where relevant, a person deemed to be the notifier in accordance with paragraph 11 or 12, or, if that is also impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf. The competent authorities shall not oppose or object to the return of waste from a shipment that cannot be completed as intended or to the related recovery and disposal operation. 6. In cases of alternative arrangements outside the initial country of destination as referred to in paragraph 3, a new notification, where appropriate, shall be submitted by the initial notifier or, where relevant, a person deemed to be the notifier in accordance with paragraph 11 or 12 or, if that is impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf. When such a new notification is submitted by the notifier, it shall also be submitted to the competent authority of the initial country of dispatch. 7. In cases of alternative arrangements in the initial country of destination as referred to in paragraph 3, a new notification shall not be required and a duly reasoned request shall suffice. Such a duly reasoned request, seeking agreement to the alternative arrangement, shall be submitted to the competent authorities of destination and dispatch by the initial notifier or, if that is impracticable, to the competent authority of destination by the initial competent authority of dispatch. 8. If no new notification is to be submitted in accordance with paragraph 5 or 7, a new movement document shall be completed in accordance with Article 15 or Article 16 by the initial notifier or, where relevant, a person deemed to be the notifier in accordance with paragraph 11 or 12 or, if that is impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf. Where a new notification is submitted by the initial competent authority of dispatch in accordance with paragraph 5 or 6, a new financial guarantee or equivalent insurance shall not be required. 9. The obligation of the notifier or, where applicable, the obligation of the country of dispatch to take the waste back or arrange for alternative recovery or disposal shall end when the facility issues the certificate of non-interim recovery or non-interim disposal referred to in Article 16(6), or, where appropriate, in Article 15(5). In the case of interim recovery or interim disposal referred to in Article 7(6), the obligation of the country of dispatch shall end when the facility issues the certificate referred to in Article 15(4). Where a facility issues a certificate of recovery or disposal in such a way that it results in an illegal shipment, with the consequence that the financial guarantee is released, Article 25(8) and Article 26(2) shall apply. 10. Where waste from a shipment which cannot be completed as intended, or its recovery or disposal, is discovered within a Member State, the competent authority with jurisdiction over the area where the waste was discovered shall be responsible for ensuring that arrangements are made for the safe storage of the waste pending its return or non-interim recovery or non-interim disposal in an alternative way. 11. Where a notifier specified in Article 3, point (6)(a)(iv), fails to fulfil any of the take-back obligations set out in this Article and Article 24, the original waste producer, the new waste producer or the collector specified in Article 3, point (6)(a)(i), (ii) or (iii), respectively who authorised the dealer or broker to act on its behalf shall be deemed to be the notifier for the purposes of those take-back obligations. 12. Where a notifier specified in Article 3, point (6)(a)(i), (ii) or (iii), fails to fulfil any of the take-back obligations set out in this Article and Article 24, the waste holder specified in Article 3, point (6)(a)(v), shall be deemed to be the notifier for the purpose of those take-back obligations.