TITLE VIMPORTS INTO THE COMMUNITY FROM THIRD COUNTRIES
CHAPTER 2Imports of waste for recovery
Article 43Imports prohibited except from an OECD Decision country or a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war
1
All imports into the Community of waste destined for recovery shall be prohibited except those from:
a
countries to which the OECD Decision applies; or
b
other countries which are Parties to the Basel Convention; or
c
other countries with which the Community, or the Community and its Member States, have concluded bilateral or multilateral agreements or arrangements compatible with Community legislation and in accordance with Article 11 of the Basel Convention; or
d
other countries with which individual Member States have concluded bilateral agreements or arrangements in accordance with paragraph 2; or
e
other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act.
2
In exceptional cases, individual Member States may conclude bilateral agreements and arrangements for the recovery of specific waste in those Member States, where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.
In such cases Article 41(2) shall apply.
3
Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(c) and (d) shall be based upon the procedural requirements of Article 42 in so far as may be relevant.