A transit shipment means a shipment of waste through one or more countries other than the country of dispatch or destination.
In case of a transit notification, the Human Environment and Transport Inspectorate receives that notification from the foreign authority. Regulation (EC) No 1013/2006 on shipments of waste offers the competent authority of transit the possibility of giving a tacit consent.
Change of procedure: tacit consent
The Human Environment and Transport Inspectorate has altered its procedure regarding notifications for the transit of waste through Dutch territory. As of December 1, 2011, the Human Environment and Transport Inspectorate provides in principle a tacit consent in case of transit. A letter will be sent to the notifier which indicates a tacit consent of the Human Environment and Transport Inspectorate may be assumed. A written consent or a stamped notification document will no longer be provided. The notifier is recommended to have a copy of the letter / e-mail present with each shipment subject to the notification.
A tacit consent will only be provided if in the opinion of the inspectorate lodging an objection is not applicable. If the notification concerns waste of which the shipment from the Community is prohibited (article 36 of Regulation (EC) No 1013/2006), the Human Environment and Transport Inspectorate will lodge an objection to the notification.
The Human Environment and Transport Inspectorate as Dutch competent authority only consent transit shipments by e-mail. This e-mail is the only consent that is provided for a transit shipment!
The Human Environment and Transport Inspectorate as Dutch competent authority also is of the opinion that, despite of the moment the Inspectorate provides this tacit consent to the notifier, that the shipments can take place within the given period of shipment as mentioned in box 6 of the notification document. In our view there is no need to wait for 30 days after the date the acknowledgement of receipt is given by the authority of destination.
Also when the Human Environment and Transport Inspectorate provides the tacit consent some time before the actual shipments will start, the Human Environment and Transport Inspectorate does not have the view that this would limit or shift the period of shipment given in box 6. Once the Human Environment and Transport Inspectorate has given tacit consent, the notifier can use the notification as soon as the competent authority of dispatch and of destination have given their consent.
Note that the authorities of dispatch or destination can strictly act regarding article 9, sub 5, of Regulation (EG) No 1013/2006.