Recital 35

(35) In order to implement the requirements set out in Article 8 of the Basel Convention, an obligation should be laid down to the effect that waste from a shipment to which the competent authorities concerned have given consent, that cannot be completed as intended is to be taken back to the country of dispatch, and, where necessary, stored safely, or recovered or disposed of in an alternative way. In order to implement the requirements set out in Article 9(2), (3) and (4) of the Basel Convention, it should be compulsory for the person whose action is the cause of an illegal shipment to take back the waste involved or make alternative arrangements for its recovery or disposal, and to bear the costs arising from the take-back operations. Where that person does not have the possibility of fulfilling those obligations within a reasonable time, the competent authorities of dispatch or destination, as appropriate, should cooperate and take action to ensure the environmentally sound management of the waste concerned. Where there is no clarity as to the person to whom the responsibility of an illegal shipment can be imputed, the competent authorities concerned should cooperate to ensure that the waste in question is taken back, recovered or disposed of. In order to reduce the environmental effects of shipments resulting from the obligation to take back waste in illegal shipments and allow, where appropriate, a more efficient procedure in situations involving illegal shipments, it should be possible for the competent authorities of dispatch, transit and destination to agree in certain cases that the waste in an illegal shipment can be recovered or disposed of in an alternative way, outside the country of dispatch, instead of taking it back. Such alternative management should be environmentally sound. The alternative management should however only apply to shipments within the Union.

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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.