CHAPTER VI

INSPECTIONS AND RECORDS

Record keeping
Article 35
1
The establishments and undertakings referred to in Article 23(1), the producers of hazardous waste, and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of:
a
the quantity, nature and origin of that waste and the quantity of products and materials resulting from preparing for re-use, recycling or other recovery operations; and
b
where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste.
They shall make that data available to the competent authorities through the electronic registry or registries to be established pursuant to paragraph 4 of this Article.
2
For hazardous waste, the records shall be preserved for at least three years except in the case of establishments and undertakings transporting hazardous waste which must keep such records for at least 12 months.
Documentary evidence that the management operations have been carried out shall be supplied at the request of the competent authorities or of a previous holder.
3
Member States may require the producers of non-hazardous waste to comply with paragraphs 1 and 2.
4
Member States shall set up an electronic registry or coordinated registries to record the data on hazardous waste referred to in paragraph 1 covering the entire geographical territory of the Member State concerned. Member States may establish such registries for other waste streams, in particular for those waste streams for which targets are set in legislative acts of the Union. Member States shall use the data on waste reported by industrial operators in the European Pollutant Release and Transfer Register set up under Regulation (EC) No 166/2006 of the European Parliament and of the Council .
5
The Commission may adopt implementing acts to establish minimum conditions for the operation of such registries. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2).
Regulation (EC) No 166/2006 of the European Parliament and of the Council of
18 January 2006
concerning the establishment of a European Pollutant Release and Transfer Register and amending Council Directives 91/689/EEC and 96/61/EC (
OJ L 33, 4.2.2006, p. 1
).
Substituted by Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste (Text with EEA relevance).
Inserted by Directive (EU) 2018/851 of the European Parliament and of the Council of 30 May 2018 amending Directive 2008/98/EC on waste (Text with EEA relevance).