Republic of Croatia

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Workshop on Illegal Trafic Bratislava, 3 to 5 October 2006

Description of the Case of Illegal Traffic

Authors: Vlasta Pašalić Anita Udovičić Melita Buljan

Republic of Croatia

Contents of the Presentation:

- Description of the case

- Inspection activities

- Involved governmental line bodyes

- Prosecution and punishment

Republic of Croatia

Factual description of the case

- Environmental inspection received information provided by customs and competitive firm about shipment of waste from Bosnia and Herzegovina

Republic of Croatia

- Mutual joint inspection with Ministry of Finance – Customs

- this was an attempt of illegal transport of hazardous waste which was declared as waste lead

- in fact it was waste consisted of crushed lead-acid batteries (EWC 16 06 01*, A1160)

Inspection outcame

Republic of Croatia

lead batteries

Crushed lead-acid batteries packed in plastic bags

Republic of Croatia

Relation to Basel Convention

In this case was contravened Basel Convention Art. 9. par. 1. (a) without notification pursuant to the provisions of this Convention,par. 1. (b) without the consent pursuant to the provisions of this Convention andpar. 1. (d) that does not conform in material way with the documents

Republic of Croatia

- Environmental inspector ordered the shipment of waste to be returned to the state of dispatch (at the border crossing where the shipment of waste entered the Republic of Croatia)

- Our Ministry informed competent authority in the state of dispatch

Inspection procedure

Republic of Croatia

- According to the Art. 87. of the Waste Act Inspector brought misdemeanour charge before the competent authorities

Prosecution and punishment

Republic of Croatia

Article 88

A legal person shall be fined for misdemeanours in the amount of HRK 300,000.00 to 700,000.00 (about 41.000 to 96.000 Euro) if:

- the legal person imports hazardous waste,

- the legal person imports waste for landfilling and use for energy purposes,

- the legal person imports non-hazardous waste, which cannot be recovered according to the provisions of this Act,

- the legal person imports non-hazardous waste without having obtained the decision prescribed by this Act,

- the legal person exports hazardous waste without having obtained the decision l referred to in Article 50 of this Act

- the legal person transits hazardous waste on the territory of the Republic of Croatia without having obtained the decision of the Ministry

- the legal person is engaged in exporting non-hazardous waste without the prescribed certificate from the Ministry on registry into the Register of exporters of non-hazardous waste

Republic of Croatia

- The prosecution lids Misdemeanour court.

- Prosecution process is still ongoing.

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