Green List or notification: which procedure applies

In detail

The way to the right classification

1. Is it a shipment? The regulation covers shipments between Member States, imports, exports and transit Art. 2(1). Transport entirely within one Member State is not covered Art. 2(5), nor is transport that stays entirely within another Member State (BMLUK).
2. Disposal? Shipments for disposal are prohibited unless the authorities consent under Article 11, which takes the procedure of prior written notification and consent Art. 4(1). Among other things, consent is only given if the notifier shows that the waste cannot be recovered in a technically feasible and economically viable way, nor disposed of that way in the country where it was generated Art. 11(1).
3. Recovery with a notification. These need a notification for recovery Art. 4(2): Annex IV waste; waste not classified under one single entry in Annex III, IIIB or IV; mixtures, unless listed in Annex IIIA; waste classified as hazardous in the list of waste; Green List waste contaminated so that the risks increase or environmentally sound recovery is prevented; and waste with persistent organic pollutants (POPs) above the limits.
4. Green List. Annex III or IIIB waste and Annex IIIA mixtures destined for recovery are subject to the general information requirements of Article 18 above 20 kg Art. 4(4): no consent, but a form, a contract and reports (section 2).

Two special cases

• Mixed municipal waste from households or other producers, also after treatment that has not substantially altered its properties, such as refuse-derived fuel made from it: always with a notification for recovery, prohibited for disposal Art. 4(3).
• Laboratory analysis and treatment trials: waste explicitly destined for them is subject only to Article 18 if the quantity does not exceed what is needed and does not exceed 250 kg. More only with the case-by-case agreement of the authorities of dispatch and destination Art. 4(5).

When the authorities disagree

The stricter reading applies each time: an item is treated as waste Art. 29(2), waste as needing a notification Art. 29(4), and a treatment as disposal Art. 29(5).

Used goods or waste?

For an item to count as a used good rather than waste, at least these conditions must be met: further use is certain; it can fulfil its function without significant pre-processing; where relevant, it has been tested for full functionality; further use is lawful; and it is properly protected during transport, loading and unloading Art. 29(1).