THE DECREE ON THE MODALITIES AND CRITERIA FOR GRANTING IMPORT AND EXPORT APPROVALS FOR HAZARDOUS AND NON-HAZARDOUS WASTE HAS JUST BEEN PUBLISHED
In 2016 the protest against the Italian waste to be exploded declared Hakima El Haité, former Minister of the Environment. Decree No. 2.17.587 on the regulatory criteria and procedures for granting import and export authorizations for waste was published in the Official Gazette on 24 December.
This decree, pursuant to the provisions of articles 42, 43, 44 and 45 of Act No. 28-00 on “waste management and disposal”, details the conditions and criteria for granting authorizations for the import, export and transit of hazardous and inert or non-hazardous waste
Admittedly, the granting of these authorisations must comply with the provisions of Articles 42, 43 and 44 of Law No 28-00, under the control of the authorities responsible for sustainable development, after verification of the nature of the waste, its destination and its final use.
The response times of the authorities, whether negative or positive, for the export authorisation or import must not exceed 30 days after the request.
In the event that the waste in question appears on the list of goods for which there are regulations, the authorisation shall then be granted in consultation between the authority responsible for sustainable development and the authority responsible for foreign trade.
Decree n°2.17.587 provides that in the event of the import of hazardous waste, the importer or his agent must submit an application for an import authorisation in accordance with the regulations governing free zones. This is in order to comply with Article 42 of Law No. 28-00. The latter stipulates that “the import of hazardous waste is prohibited. This waste may only be transported through the national territory with the authorisation of the administration.
It is the sustainable development authority that is responsible for receiving the application, processing it and granting or not granting permission for commercial exploitation.
With regard to the documents that the operator must provide for the import of hazardous waste, the results of the physico-chemical analysis of the waste in question and the specifications detailing the identities of the importer and exporter and the means by which the waste will be transported.
In the event of rejection, the authorities will be required to justify their decision.
The import of inert or non-hazardous waste
In particular, inert waste may only be authorised for import if it is included in a list drawn up by regulation, after consultation with the industrial authority.
Indeed, all waste that is not included on the list established by decree 2.07.253 will not be authorized for import.
Authorization is granted 60 days after the request has been submitted to the authorities. This is generally given for a period of one year.
To do this, it is first necessary to determine the operating company’s ability to export the waste. This means that the operation is not dangerous to people or the environment.
Therefore, the country to which the waste will be sent is consulted in order to obtain its confirmation. This authorization is also given for a period of one year.