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| 1. | The audit referred in Article 46(3) shall verify that the facility managing the waste in the country of destination in its actual operations complies with the following conditions: (a) it is authorised by its competent authorities to import and treat this waste (evidence to be provided notably through production of corresponding permits or licences) and is carrying out its activities in accordance with relevant applicable domestic legislation on environmental protection; (b) it is designed, constructed and operated in a safe and environmentally sound manner and, in particular, it has the required processes, appropriate waste management technology, organisation and infrastructure in place to treat the waste in question, and insurances covering potential risks and liabilities. To this end, as a minimum, information on the waste treatment methods, including how residual waste is treated, notably through downstream traceability, must be checked; (c) it establishes and operates management and monitoring systems, procedures and techniques that have the purpose of preventing, reducing, minimising and to the extent practicable eliminating: (i) health and safety risks to workers concerned and to the population in the vicinity of the facility; and (ii) adverse effects on the environment caused by its activities (in particular through adequate measures taken to monitor and address soil, water and air pollution, and other nuisances (odour, noise)); (d) it ensures the traceability of all waste received and treated at the facility, including ensuring that all residual waste generated from their activities are documented and are only transferred to waste management facilities that are authorised to treat such residual waste. To this end, as a minimum, information shall be checked on: — the quantity of waste that the facility is entitled to treat according to its permit/licences, — the quantity of waste that the facility receives and recovers annually, — the quantity of residual waste generated from their activities, as well as evidence that this residual waste is treated in an authorised waste treatment facility, including in the case of export; (e) it has taken measures designed to save energy and limit the emissions of greenhouse gases linked to its activities; (f) it establishes and is able to provide records of its waste management activites and import and export of waste for the last five years; if a facility has operated for less than five years, it establishes and is able to provide records of its waste management and waste shipment activities for the time it has operated; (g) it has not been convicted of having carried out illegal activities linked to import and export of waste or waste management in the last five years; (h) it has established internal reporting channels and procedures for internal reporting and for follow-up, which enable the facility’s workers to report information on breaches of rules relating to adverse effects on the environment if required by the legislation of the country of destination.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-03 · Text as adopted (Official Journal); later amendments are not incorporated in this text.