National definition of waste used for the purpose of transboundary movements of waste exists in Poland.
In the light of the Act on Waste of 27 April 2001 (O.J. of 2 June 2001, No.62, Item 628 as amended, came into force in October 2001) "waste" shall mean any substance or object in one of the categories listed in Annex I to this Act with the holder thereof discards or intends or is required to discard.
National definition of hazardous waste used for the purpose of transboundary movements of waste exists in Poland.
In the light of the Act on Waste of 27 April 2001 (came into force in October 2001), “hazardous waste” shall mean waste:
1) belonging to the categories or types of waste featuring in List A in Annex II to this Act and displaying at least one of the properties enumerated in Annex IV to this Act; or
2) belonging to the categories or types of waste featuring in List B in Annex 2 to this Act, containing any of the constituents enumerated in Annex 3 and displaying at least one of the properties enumerated in Annex IV to this Act.
Annex II features categories or types of hazardous waste. Annex III features constituents of wastes which render them hazardous.
The minister responsible for the environment laid down the ordinance on the waste catalogue (O.J. of 2001, No.112, Item 1206). The new national list of hazardous waste is a part of waste catalogue. New waste classification is consistent with EU classification.
Poland regulates/controls additional wastes as hazardous that are not included in Art. 1 (1)a of the Basel Convention and would be controlled for the purpose of transboundary movements pursuant to Art. 1 (1)b.
National list of hazardous waste is defined in the ordinance of the Minister of Environment on the waste catalogue (O.J of 2001, No.112, Item 1206). Catalogue is based on European Waste List. Waste are divided into 20 groups. Catalogue defines groups, subgroups, types of waste and their codes (six figures). Two first figures mean the source of generation, two next figures describe subgroup of waste and the whole six figures codes means type of waste. Hazardous waste are marked on the list with asterisk. Polish National list of hazardous waste covers all types of hazardous waste stipulated in European Waste Catalogue and additionally covers the below mentioned waste which are consider hazardous under national legislation.
The national definition of hazardous waste covers wastes other than those listed in Annexes I, II and VIII of the Basel Convention. A list of such wastes is posted on the Basel Convention's website (www.basel.int).
In Poland there are no wastes other than those pursuant to Art. 1 (1)a and/or Art. 1 (1)b of the Basel Convention that require special consideration when subjected to transboundary movement.
Restrictions on Transboundary Movement
Amendment to the Basel Convention
The amendment to the Basel Convention (Decision III/1) has been implemented in Poland.
Poland ratified the amendment.
The Act of 5 July 2002 on Ratification of Amendment to Basel Convention about control of transboundary movement and disposal of hazardous waste (O.J. No 135, Item 1142) came into force in September 2002. The acceptance was deposited with the Depositary on 29 January 2003.
Restrictions on export for final disposal and for recovery
Poland restricts the export of hazardous wastes and other wastes for final disposal and for recovery.
The Act on Waste of 27 April 2001, Art. 66 1. (came into force in October 2001).
The restriction covers all countries.
Export of hazardous waste can take place with authorization from the Chief Inspector for Environmental Protection provided that the requirements set out in Article 66 par. 2 are satisfied. The same provisions shall apply respectively to shipments of hazardous waste through the territory of the State of Poland.
Non-hazardous waste exports do not require authorization from the Chief Inspector for Environmental Protection with the exception of waste stipulated in the ordinance of Minister of Environment of 6 February 2002.
The Minister responsible for the Environment laid down the ordinance on the obligation to obtain a written permit for export of non-hazardous waste to certain countries (O.J. of 6 February 2002, No 15, Item 147) (came into force in March 2002).
The Minister responsible for the Environment laid down the ordinance on the formats of the decision registry issued in relation to transboundary movement (O. J. of 6 February 2002, No 15, Item 148) (came into force in March 2002).
The format of documents to be used in relation to transboundary movement of waste were laid down by Minister responsible for Environment in 2002 (O. J. of 5 March 2002, No 56, Item 511) (came into force in May 2002).
Restrictions on import for final disposal
Poland restricts the import of hazardous wastes and other wastes for final disposal.
The Act on Waste of 27 April 2001, Art. 65. (came into force in October 2001).
The restriction covers all countries.
Import of hazardous waste and other waste for final disposal is totally prohibited.
Restrictions on import for recovery
Poland restricts the import of hazardous wastes and other wastes for recovery.
The Act on Waste of 27 April 2001, art. 65 2 (came into force in October 2001).
The restriction covers all countries.
Hazardous waste imports can take place with authorization from the Chief Inspector for Environmental Protection, issued by way of a decision, provided that the requirements set out in Article 65 par. 8 are satisfied. Import of waste mixed with objects or substances which are not waste is prohibited. The ordinance of the Minister responsible for the Environment on types of hazardous waste authorised for import came into force in 2002 (O. J. of 6 February 2002, No 15, Item 146). According to par. 3 of these ordinance mentioned type of hazardous waste can be authorised for import until 31 December 2003. Import of non-hazardous waste shall be effected only upon authorisation by a decision of the Chief Inspector for Environmental Protection. Regulations concerning authorisation of non-hazardous waste imports shall apply respectively to authorisation of hazardous waste imports. The minister responsible for the environment laid down the ordinance on the list of wastes whose import do not require a permit of the Chief Inspector for Environmental Protection. A new extended list of non-hazardous wastes which import do not require a permit of the Chief Inspector for Environmental Protection was laid down by the Minister responsible for the Environment in 2002 (O. J. of 5 March 2002, No 56, Item 512) (came into force in May 2002).
Restrictions on transit
Poland restricts the transit of hazardous wastes and other wastes.
The Act on Waste of 27 April 2001, art. 66. (came into force in October 2001)
The restriction covers all countries.
Hazardous waste transit can take place with authorization from the Chief Inspector for Environmental Protection provided that the requirements set out in Article 66 par.2 are satisfied. Non-hazardous waste transit does not require authorization from the Chief Inspector for Environmental Protection.
Reduction and/or Elimination of Hazardous Waste Generation
National strategies/policies
The reduction of hazards posed by hazardous waste is one of the priorities of the "II National Ecological Policy". The National Plan on Waste Management is based on the intents of "II National Ecological Policy". The National Plan on Waste Management was established as the result of the provision contained in the Article 14 3 par. 4 of the Act on Waste of 27 April 2001. Resolution of 29 October 2002 No 219 of the Council of Ministers on the National Plan on Waste Management came into force in October 2002 (Journal of Law and Provision of 2003, No 11, Item 159)
Legislation, regulations and guidelines
The new Act on Waste regulates the issues related to hazardous waste management.
Compared with the previous Act, the new Act imposes more demanding standards for landfill and incineration of waste (in line with the EU requirements). The system of permits for the generation and further handling of hazardous waste will be maintained. The obligations of economic operators and the administration in the scope of information are expanded.
Economic instruments/ initiatives
The Act of 11 May 2001on Economic Operators’ Obligations in the Scope of Managing Certain Types of Waste and on the Product and Deposit Charges (O.J. of 2001, No.63, Item 639, as amended), came into force on 1 January 2002. It contains legal and economic instruments (the obligation to recover waste - or pay product charges) promoting the establishment of a system for collection and recovery of certain types of hazardous waste (waste oils, discharge lamps, batteries and accumulators).
Transboundary Movement Reduction Measures
Others
There is facility operating at the territory of Poland which dispose of some sorts of waste containing or contaminated with PCB in ESM.
