Contract and financial guarantee

In detail

The contract

• Parties: notifier and consignee; if the consignee isn't the facility's operator, the operator signs too Art. 6(1).
• Term: concluded and effective at the time of notification, effective until the certificate of recovery or disposal Art. 6(2).
• Minimum content: notifier, consignee and facility with their representatives, notification number, designation and composition of the waste, waste codes, quantity, recovery or disposal operation, period of validity; consistent with the notification and movement documents.
• Obligations Art. 6(3): the notifier takes the waste back or ensures another treatment if the shipment can't be completed as intended or is illegal. The consignee recovers or disposes of the waste if the illegal shipment is its doing. The facility issues the certificate.
• Interim treatment (such as R12, R13, D13 to D15): additionally, the duty to provide the certificates of the subsequent facilities Art. 6(4).
• The same legal entity: if the waste moves between two of its establishments, a declaration will do instead of a contract Art. 6(5).

The financial guarantee

Every shipment that needs a notification needs a financial guarantee or equivalent insurance Art. 7(1). It covers the costs of transport, of recovery or disposal including any necessary interim operation, and of storage for 90 days, for the cases where the shipment can't be completed as intended or is illegal Art. 7(2).

• It is established by the notifier or on its behalf and is effective at the time of notification or, if the approving authority allows, at the latest when the movement document is completed before transport. It applies from the start of the shipment at the latest Art. 7(3).
• The authority of dispatch approves it, including its form, wording and amount Art. 7(4).
• It is released once the approving authority has received the certificate of recovery or disposal Art. 7(5).
• For a general notification it may cover parts only; it must then apply at the latest when the movement document for those parts is completed Art. 7(8).

For working out the amount, the EDM portal offers a free calculator for financial guarantees for shipments. The BMLUK provides templates for contracts and guarantees on its website (FAQ).