12003TN12/13/B

B. WASTE MANAGEMENT

1. 31993 R 0259: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 30, 6.2.1993, p.1), as last amended by:

- 32001 R 2557: Commission Regulation (EC) No 2557/2001 of 28.12.2001 (OJ L 349, 31.12.2001, p. 1).

(a) Until 31 December 2012, all shipments to Poland of waste for recovery listed in Annex II to Regulation (EEC) No 259/93 shall be notified to the competent authorities and processed in conformity with Article 6, 7 and 8 of the Regulation.

(b) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, until 31 December 2007 the competent authorities may raise objections to shipments to Poland for recovery of the following wastes in conformity with the grounds for objection laid down in Article 4(3) of the Regulation. Such shipments shall be subject to Article 10 of the Regulation.

- GE 010 - GE 020 glass

- GH 010 - GH 015 plastic

- GI 010 - GI 014 paper

- GK 020 used tyres

AA. Metal Bearing Wastes:

- AA 090 ex 2804 80 Arsenic waste and residues

- AA 100 ex 2805 40 Mercury waste and residues

- AA 130 Liquors from the pickling of metals

AB. Wastes containing principally inorganic constituents, which may contain metals and organic materials

AC. Wastes containing principally organic constituents, which may contain metals and inorganic materials:

- AC 040 Leaded petrol (gasoline) sludges

- AC 050 Thermal (heat transfer) fluids

- AC 060 Hydraulic fluids

- AC 070 Brake fluids

- AC 080 Antifreeze fluids

- AC 110 Phenols, phenol compounds including chlorophenol in the form of liquids or sludges

- AC 120 Polychlorinated naphthalenes

- AC 150 Chlorofluorocarbons

- AC 160 Halons

- AC 190 Fluff —light fraction from automobile shredding

- AC 200 Organic phosphorous compounds

- AC 230 Halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations

- AC 240 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethanes, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)

- AC 260 Liquid pig manure, faeces

AD. Wastes which may contain either inorganic or organic constituents:

- AD 010 Wastes from the production and preparation of pharmaceutical products

- AD 040 Inorganic cyanides, excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides

- AD 050 Organic cyanides

- AD 060 Waste oils/water, hydrocarbons/water mixtures, emulsions

- AD 070 Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish

- AD 150 Naturally occurring organic material used as a filter medium (such as biofilters)

- AD 160 Municipal/household wastes

With the exception of glass, paper and used tyres, this period may be extended until no later than 31 December 2012 under the procedure defined in Article 18 of Council Directive 75/442/EEC [26] on waste, as amended by Directive 91/156/EEC [27].

(c) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, until 31 December 2012 the competent authorities may raise objections to shipments to Poland of waste for recovery listed in Annex IV to the Regulation and shipments of waste for recovery not listed in the Annexes to the Regulation in conformity with the grounds for objection laid down in Article 4(3) of Regulation (EEC) No 259/93;

(d) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, competent authorities shall object to shipments of waste for recovery listed in Annexes II, III and IV of the Regulation and shipments of waste for recovery not listed in those Annexes destined for a facility benefiting from a temporary derogation from certain provisions of Directive 96/61/EC [28] concerning integrated pollution prevention and control, during the period in which the temporary derogation is applied to the facility of destination.

2. 31994 L 0062: European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste (OJ L 365, 31.12.1994, p. 10).

By way of derogation from Article 6(1)(a) and (b) of Directive 94/62/EC, Poland shall attain the recovery and recycling targets for the following packaging materials by 31 December 2007 in accordance with the following intermediate targets:

- recycling of plastics: 10 % by weight by the date of accession, 14 % for 2004 and a minimum of 15 % for 2005,

- recycling of metals: 11 % by weight by the date of accession, 14 % for 2004 and a minimum of 15 % for 2005,

- overall recovery rate: 32 % by weight by the date of accession, 32 % for 2004, 37 % for 2005 and 43 % for 2006.

B. WASTE MANAGEMENT

3. 31999 L 0031: Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ L 182, 16.7.1999, p. 1).

By way of derogation from Article 14(c) and points 2, 3, 4 and 6 of Annex I of Directive 1999/31/EC and without prejudice to Council Directive 75/442/EEC on waste [29], and Council Directive 91/689/EEC on hazardous waste [30], the requirements relating to water control and leachate management, protection of soil and water, gas control and stability will not apply to municipal landfills in Poland until 1 July 2012, subject to the following intermediate targets:

- by the date of accession: 11200000 tonnes landfilled not in compliance with the Directive, i.e. 85 % of a total of 13200000 tonnes landfilled,

- by 31 December 2004: 10300000 tonnes landfilled not in compliance with the Directive, i.e. 77,5 % of a total of 13300000 tonnes landfilled,

- by 31 December 2005: 9350000 tonnes landfilled not in compliance with the Directive, i.e. 70 % of a total of 13350000 tonnes landfilled,

- by 31 December 2006: 7900000 tonnes landfilled not in compliance with the Directive, i.e. 59 % of a total of 13400000 tonnes landfilled,

- by 31 December 2007: 4600000 tonnes landfilled not in compliance with the Directive, i.e. 36 % of a total of 12800000 tonnes landfilled,

- by 31 December 2008: 4000000 tonnes landfilled not in compliance with the Directive, i.e. 32 % of a total of 12500000 tonnes landfilled,

- by 31 December 2009: 3200000 tonnes landfilled not in compliance with the Directive, i.e. 26 % of a total of 12200000 tonnes landfilled,

- by 31 December 2010: 2000000 tonnes landfilled not in compliance with the Directive, i.e. 17 % of a total of 12000000 tonnes landfilled,

- by 31 December 2011: 1200000 tonnes landfilled not in compliance with the Directive, i.e. 10 % of a total of 11700000 tonnes landfilled.

This provision shall not apply to hazardous waste or to industrial waste.

Poland shall provide the Commission, by 30 June of each year starting with the year of accession, a report concerning the gradual implementation of the Directive and compliance with these intermediate targets.

[26] OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

[27] OJ L 78, 26.3.1991, p. 32.

[28] OJ L 275, 10.10.1996, p. 26.

[29] OJ L 194, 25.7.1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6.6.1996, p. 32).

[30] OJ L 377, 31.12.1991, p. 20. Directive as last amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

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