Definitions
Article 3
For the purposes of this Regulation, the following definitions apply: (1) ‘mixture of wastes’ means waste that results from an intentional or unintentional mixing of two or more different wastes which are: (a) listed in different entries in Annexes III, IIIA, IIIB and IV, or, where applicable, in different indents or sub-indents of such entries; or (b) not classified under one single entry in Annex III, IIIA, IIIB or IV; Waste shipped in a single shipment of wastes, consisting of two or more wastes, where each waste is separated, is not a mixture of wastes; (2) ‘interim disposal’ means any disposal operations listed under D8, D9, D13, D14 or D15 in Annex I to Directive 2008/98/EC; (3) ‘interim recovery’ means any recovery operations listed under R12 or R13 in Annex II to Directive 2008/98/EC; (4) ‘environmentally sound management’ means taking all practicable steps to ensure that waste is managed in a manner that will protect human health, the climate and the environment against adverse effects which can result from such waste; (5) ‘consignee’ means any natural or legal person under the national jurisdiction of the country of destination to whom or to which the waste is shipped for recovery or disposal; (6) ‘notifier’ means: (a) in the case of a shipment originating from a Member State, any of the following natural or legal persons under the national jurisdiction of that Member State, who carries out or plans to carry out a shipment of waste as referred to in Article 4(1), (2) or (3), or who has or plans to have such a shipment carried out, to whom the duty to notify is assigned: (i) the original waste producer; (ii) the new waste producer who carries out operations prior to shipment resulting in a change in the nature or composition of the waste; (iii) a collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single notified location; (iv) a dealer or a broker acting on behalf of any of the persons referred to in point (i), (ii) or (iii); or (v) where all of the persons referred to in points (i) to (iv) are unknown or insolvent, the waste holder; (b) in the case of an import into or transit through the Union of waste that does not originate in a Member State, any of the following natural or legal persons under the national jurisdiction of the country of dispatch who carries out or plans to carry out a shipment or who has or plans to have a shipment carried out: (i) the person designated by the law of the country of dispatch; (ii) in the absence of a person designated by the law of the country of dispatch, the waste holder at the time the export took place; (7) ‘person who arranges the shipment’ means any of the following natural or legal persons under the national jurisdiction of the country of dispatch, who carries out or plans to carry out a shipment as referred to in Article 4(4) or (5), or who has or plans to have such a shipment carried out: (i) the original waste producer; (ii) the new waste producer who carries out operations prior to shipment resulting in a change in the nature or composition of the waste; (iii) a collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single location; (iv) a dealer or a broker acting on behalf of any of the persons referred to in points (i), (ii) or (iii); or (v) where all of the persons referred to in points (i) to (iv) are unknown or insolvent, the waste holder; (8) ‘collector’ means any natural or legal person carrying out waste collection as defined in Article 3, point (10), of Directive 2008/98/EC; (9) ‘competent authority’ means: (a) in the case of a Member State, the body designated by the Member State concerned pursuant to Article 75; (b) in the case of a third country that is a Party to the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal (‘the Basel Convention’), the body designated by that country as the competent authority for the purposes of the Basel Convention in accordance with Article 5 thereof; (c) in the case of any country not referred to in either point (a) or point (b), the body that has been designated as the competent authority by the country or region concerned or, in the absence of such designation, the regulatory authority for the country or region, as appropriate, which has jurisdiction over a shipment; (10) ‘competent authority of dispatch’ means the competent authority for the area from which the shipment is initiated or from which it is planned that the shipment will be initiated; (11) ‘competent authority of destination’ means the competent authority for the area to which the shipment is carried out or is planned to be carried out or in which waste is loaded prior to recovery or disposal in an area not under the national jurisdiction of any country; (12) ‘competent authority of transit’ means the competent authority for any country, other than the country of the competent authority of dispatch and the competent authority of destination, through which the shipment is carried out or is planned to be carried out; (13) ‘country of dispatch’ means any country from which a shipment is initiated or is planned to be initiated; (14) ‘country of destination’ means any country to which a shipment is carried out or is planned to be carried out for recovery or disposal therein, or for the purpose of loading prior to recovery or disposal in an area not under the national jurisdiction of any country; (15) ‘country of transit’ means any country, other than the country of dispatch or destination, through which a shipment is carried out or is planned to be carried out; (16) ‘area under the national jurisdiction of a country’ means any land or marine area within which a state exercises administrative and regulatory responsibility in accordance with international law as regards the protection of human health or the environment; (17) ‘overseas countries and territories’ means the overseas countries and territories listed in Annex II to the TFEU; (18) ‘customs office of export’ means a customs office of export as defined in Article 1, point (16), of Commission Delegated Regulation (EU) 2015/2446 ( 39 ) ; (19) ‘customs office of exit’ means a customs office of exit as determined in accordance with Article 329 of Commission Implementing Regulation (EU) 2015/2447 ( 40 ) ; (20) ‘customs office of entry’ means the customs office of first entry as defined in Article 1, point (15), of Delegated Regulation (EU) 2015/2446; (21) ‘import’ means any entry of waste into the Union but excludes transit through the Union; (22) ‘export’ means any exit of waste from the Union but excludes transit through the Union; (23) ‘transit’ means a shipment through one or more countries other than the country of dispatch or destination; (24) ‘transport of waste’ means the carriage of waste by road, rail, air, sea or inland waterways; (25) ‘shipment’ means a transport of waste destined for recovery or disposal from the location from which the transport starts until the receipt of the waste by the facility that carries out the disposal or recovery in the country of destination and which is carried out or planned to be carried out: (a) between a country and another country; (b) between a country and an overseas country or territory or other area under that country’s protection; (c) between a country and any geographic area which is not part of any country under international law; (d) between a country and the Antarctic; (e) from one country through any of the areas referred to in points (a) to (d); (f) within a country through any of the areas referred to in points (a) to (d) and which originates in and ends in that same country; or (g) from a geographic area not under the national jurisdiction of any country, to a country; (26) ‘illegal shipment’ means any shipment carried out: (a) without notification to the competent authorities concerned pursuant to this Regulation; (b) without the consent of the competent authorities concerned pursuant to this Regulation; (c) with consent obtained from the competent authorities concerned pursuant to this Regulation through falsification, misrepresentation or fraud; (d) in a way which is not in accordance with the information contained in the notification document or contained in or to be provided in the movement document, except in case of minor clerical errors in the notification or the movement document; (e) in a way which results in recovery or disposal in contravention of Union or international law; (f) contrary to Article 4(1), Article 4(3), or Article 37, 39, 40, 45, 46, 48, 49, 50 or 52; (g) in a way which, in relation to shipments of waste as referred to in Article 4(4) and (5), is not in accordance with the requirements referred to in Article 18, paragraphs 2, 4, 6 and 10, or with the information contained or to be provided in the Annex VII document, except in case of minor clerical errors in the Annex VII document; (27) ‘inspection’ means any action undertaken by an authority to check compliance with the requirements set out in this Regulation; (28) ‘waste hierarchy’ means the waste hierarchy referred to in Article 4 of Directive 2008/98/EC; (29) ‘routing’ means the point of exit from and the point of entry into each country concerned, including customs offices of entry, exit and export; (30) ‘route’ means the itinerary between the location where the shipment starts in the country of dispatch, via the point of exit from and the point of entry into each country concerned, to the treatment facility in the country of destination. In addition, the definitions of ‘waste’, ‘hazardous waste’, ‘waste producer’, ‘waste holder’, ‘dealer’, ‘broker’, ‘waste management’, ‘re-use’, ‘treatment’, ‘recovery’, ‘preparing for re-use’, ‘recycling’ and ‘disposal’, laid down in Article 3, points (1), (2), (5) to (9), (13) to (15), (16), (17) and (19) of Directive 2008/98/EC, respectively, shall apply.