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Document 12005SAN06/10/B

Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded - Annex VI:List referred to in Article 23 of the Act of Accession: transitional measures, Bulgaria - 10.Environment - B.Waste management

OJ L 157, 21.6.2005, p. 293–297 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

12005SAN06/10/B

Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded - Annex VI:List referred to in Article 23 of the Act of Accession: transitional measures, Bulgaria - 10.Environment - B.Waste management

Official Journal L 157 , 21/06/2005 P. 0293 - 0297


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 2014, all shipments to Bulgaria 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 Articles 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 2009 the Bulgarian competent authorities may raise objections to shipments to Bulgaria for recovery of the following wastes listed in Annex III 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.

AA. METAL-BEARING WASTES

- AA 090 Arsenic waste and residues

- AA 100 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

Wastes that contain, consist of or are contaminated with any of the following:

- 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

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 of 15 July 1975 on waste [9], as amended by Council Directive 91/156/EEC [10].

(c) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, until 31 December 2009 the Bulgarian competent authorities may raise objections to shipments to Bulgaria 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 the Regulation.

(d) By way of derogation from Article 7(4) of Regulation (EEC) No 259/93, the Bulgarian competent authorities shall object to shipments of waste for recovery listed in Annexes II, III and IV to 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 Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control [11] or Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain pollutants into the air from large combustion plants [12], 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), as last amended by:

- 32004 L 0012: Directive 2004/12/EC of the European Parliament and of the Council of 11.2.2004 (OJ L 47, 18.2.2004, p. 26).

(a) By way of derogation from Article 6(1)(a) of Directive 94/62/EC, Bulgaria shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery by 31 December 2011 in accordance with the following intermediate targets:

- 35 % by weight by 31 December 2006, 39 % for 2007, 42 % for 2008, 46 % for 2009 and 48 % for 2010.

(b) By way of derogation from Article 6(1)(b) of Directive 94/62/EC, Bulgaria shall attain the overall rate for recovery or incineration at waste incineration plants with energy recovery by 31 December 2014 in accordance with the following intermediate targets:

- 50 % by weight for 2011, 53 % for 2012 and 56 % for 2013.

(c) By way of derogation from Article 6(1)(c) of Directive 94/62/EC, Bulgaria shall attain the recycling target for plastics by 31 December 2009 in accordance with the following intermediate targets:

- 8 % by weight by 31 December 2006, 12 % for 2007, and 14,5 % for 2008.

(d) By way of derogation from Article 6(1)(d) of Directive 94/62/EC, Bulgaria shall attain the overall recycling target by 31 December 2014 in accordance with the following intermediate targets:

- 34 % by weight by 31 December 2006, 38 % for 2007, 42 % for 2008, 45 % for 2009, 47 % for 2010, 49 % for 2011, 52 % for 2012 and 54,9 % for 2013.

(e) By way of derogation from Article 6(1)(e)(i) of Directive 94/62/EC, Bulgaria shall attain the recycling target for glass by 31 December 2013 in accordance with the following intermediate targets:

- 26 % by weight by 31 December 2006, 33 % for 2007, 40 % for 2008, 46 % for 2009, 51 % for 2010, 55 % for 2011 and 59,6 % for 2012.

(f) By way of derogation from Article 6(1)(e)(iv) of Directive 94/62/EC, Bulgaria shall attain the recycling target for plastics, counting exclusively material that is recycled back into plastics, by 31 December 2013 in accordance with the following intermediate targets:

- 17 % by weight for 2009, 19 % for 2010, 20 % for 2011 and 22 % for 2012.

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), as amended by:

- 32003 R 1882: Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29.9.2003 (OJ L 284, 31.10.2003, p. 1).

By way of derogation from Article 5(3)(a) and (b) and Annex I, point 2, second indent, to Directive 1999/31/EC and without prejudice to Article 6(c)(ii) of the Directive and Council Directive 75/442/EEC of 15 July 1975 on waste [13], the requirements for liquid, corrosive and oxidising waste, and as regards prevention of surface water entering into the landfilled waste shall not apply to the following 14 existing facilities until 31 December 2014:

1. "Polimeri" sludge pond, Varna, Devnya;

2. "Solvay Sodi", "Deven" and "Agropolichim" combined ash-sludge pond, Varna, Devnya at the municipality of Varna;

3. TPP "Varna" ashpond, Varna, Beloslav;

4. "Sviloza" ashpond, Veliko Tarnovo, Svishtov;

5. TPP at "Zaharni zavodi" ashpond, Veliko Tarnovo, Gorna Oryahovitsa;

6. "Vidachim v likvidatsya" ashpond, Vidin, Vidin;

7. "Toplofikatsia-Ruse" TPP "Ruse-East" ashpond, Ruse, Ruse;

8. TPP "Republika", "COF-Pernik" and "Kremikovtsi-Rudodobiv" ashpond, Pernik, Pernik;

9. "Toplofikatsia Pernik" and "Solidus"-Pernik ashpond, Pernik, Pernik;

10. TPP "Bobov dol" ashpond, Kyustendil, Bobov dol;

11. "Brikel" ashpond, Stara Zagora, Galabovo;

12. "Toplofikatsia Sliven" ashpond, Sliven, Sliven;

13. TPP "Maritsa 3" ashpond, Haskovo, Dimitrovgrad;

14. TPP "Maritsa 3" ashpond, Haskovo, Dimitrovgrad.

Bulgaria shall ensure a gradual reduction of waste landfilled in these 14 existing non-compliant facilities in accordance with the following annual maximum quantities:

- by 31 December 2006: 3020000 tonnes;

- by 31 December 2007: 3010000 tonnes;

- by 31 December 2008: 2990000 tonnes;

- by 31 December 2009: 1978000 tonnes;

- by 31 December 2010: 1940000 tonnes;

- by 31 December 2011: 1929000 tonnes;

- by 31 December 2012: 1919000 tonnes;

- by 31 December 2013: 1159000 tonnes;

- by 31 December 2014: 1039000 tonnes.

4. 32002 L 0096: Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) (OJ L 37, 13.2.2003, p. 24), as amended by:

- 32003 L 0108: Directive 2003/108/EC of the European Parliament and of the Council of 8.12.2003 (OJ L 345, 31.12.2003, p. 106).

By way of derogation from Articles 5(5) and 7(2) of Directive 2002/96/EC, Bulgaria shall attain the rate of separate collection of at least four kilograms on average per inhabitant per year of WEEE from private households, the rate of recovery and the rate of component, material and substance reuse and recycling by 31 December 2008.

[9] OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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

[11] OJ L 257, 10.10.1996, p. 26.

[12] OJ L 309, 27.11.2001, p. 1. Directive as last amended by the 2003 Act of Accession (OJ L 236, 23.9.2003, p. 33).

[13] OJ L 194, 25.7.1975, p. 39. Directive as amended by Directive 91/156/EEC, and as last amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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