If you are transporting a waste shipment through the Netherlands to another country and the authorities of that country provided acknowledgement of receipt, you will have tacit consent from the Human Environment and Transport Inspectorate (ILT) for the transit 30 days after the date the acknowledgement of receipt of the notification by the competent authority of destination was given.
The European Waste Shipment Regulation, EWSR is known as the Europese Verordening Overbrenging Afvalstoffen, EVOA in the Netherlands.
Tacit consent
Transit means transporting waste through one or more countries other than the country of dispatch or the country of destination.
Transit notification through DIWASS or an authority other than the ILT
The ILT receives transit notifications in 2 ways:
- If the waste comes from a Member State of the European Union (EU), the ILT receives the notification through the Digital Waste Shipment System (DIWASS).
- If the waste comes from a country outside the EU, the ILT receives the notification from the responsible authority in the country of dispatch.
Tacit consent after 30 days
If the Netherlands is a transit country, the notifier will not receive consent from the ILT through DIWASS.
The procedure under the European Waste Shipment Regulation (EWSR) is as follows:
- The country of dispatch checks whether all the information is complete and confirms that the notification can proceed.
- The country of destination then checks whether the notification is complete.
- If the notification is complete, the 30-day decision period starts. The competent authority in the country of destination has 30 days to issue its decision.
This means that the ILT's stilzwijgende toestemming (tacit consent) for transit through the Netherlands takes effect 30 days after the country of destination has confirmed that the notification is complete.
Declaration of tacit consent
If you wish to have a declaration from the ILT while the waste shipment is being transported then you can download the ILT declaration of tacit consent for EWSR waste shipments transiting the Netherlands. A version of this letter in Dutch is also available.
Validity of the tacit consent
The tacit consent of a transit authority expires 1 calendar year after the expiry of the 30-day period as defined in Article 9(1) of the EWSR. That is after confirmation of consent. This means that the tacit consent of the authority of transit actually takes effect 30 days after issuance of the acknowledgement of receipt from the authority of destination.
If the consignee has pre-consented recovery facility status the tacit consent takes effect 7 working days after the country of destination confirms acknowledgement of receipt. The tacit consent can be valid up to 3 years, based on Article 14(2) of the EWSR.