CHAPTER VI

INSPECTIONS AND RECORDS

Inspections
Article 34
1
Establishments or undertakings which carry out waste treatment operations, establishments or undertakings which collect or transport waste on a professional basis, brokers and dealers, and establishments or undertakings which produce hazardous waste shall be subject to appropriate periodic inspections by the competent authorities.
2
Inspections concerning collection and transport operations shall cover the origin, nature, quantity and destination of the waste collected and transported.
3
Member States may take account of registrations obtained under the Community Eco-Management and Audit Scheme (EMAS), in particular regarding the frequency and intensity of inspections.

Record keeping
Article 35
1
The establishments or 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 the quantity, nature and origin of the waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste, and shall make that information available, on request, to the competent authorities.
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.

Enforcement and penalties
Article 36
1
Member States shall take the necessary measures to prohibit the abandonment, dumping or uncontrolled management of waste.
2
Members States shall lay down provisions on the penalties applicable to infringements of the provisions of this Directive and shall take all measures necessary to ensure that they are implemented. The penalties shall be effective, proportionate and dissuasive.