SENT and BDO – common mistakes in waste transport
To move waste to Poland you need two things – registration in BDO and SENT notification. Both are equally important and failure in obtaining either one can and often will result in serious problems. Read on to find out that to do and what not to do when making decision to transport waste to Poland.
BDO and SENT – what is it?
The BDO Register, officially known as the Database of Waste Management Operators, was created in Poland as part of the country’s efforts to improve waste management and combat illegal disposal. The system officially came into effect on January 24, 2018. This initiative was established under Environmental Protection Law, aiming to ensure greater transparency, control, and compliance within the waste management sector by requiring businesses involved in waste processing, production, and transportation to register and report their activities.
The SENT platform, initially established to monitor the transport of sensitive goods, was expanded to include waste transport notifications under the amendment to the Waste Act and the Act on the Road Transport Inspection. This specific requirement for waste transport notification through the SENT system was implemented on January 1, 2020. This expansion aimed to enhance oversight and control over the movement of waste within Poland, addressing concerns related to illegal dumping and ensuring the legal and safe transport of waste materials.
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What if waste transport to Poland will be deemed illegal?
The lack of BDO registration is a serious violation of Polish environmental and waste management laws. While the exact fines can vary depending on the specific circumstances of the violation, including the type and amount of waste being transported illegally, fines can be substantial (they can reach up to 1 million PLN, so approximately 250.000€). These penalties are designed to be dissuasive and reflect the severity of conducting waste transport activities outside of the legal framework established to protect the environment and public health. Additionally, individuals responsible for the illegal transport of waste can face criminal charges, leading to further financial penalties and possibly imprisonment.
As for fines for not complying with the SENT notification requirement, they can reach up to 6000€ (approximately 27,000 PLN, depending on the exchange rate). These fines are part of Poland’s stringent measures to ensure the legal and safe transport of waste, aiming to prevent illegal dumping and other environmental violations. The exact amount of the fine can vary based on the specifics of the offense, including the type of waste being transported and the circumstances of the violation. Compliance with the SENT notification requirement is crucial for companies to avoid these significant financial penalties.
Most common reason for BDO-related offense
The scenario is usually the same. A certain freight forwarding company is looking for a carrier for a more or less urgent cargo loading and quick delivery to a recycling facility in Poland. The carrier is tempted by a good freight rate, convinced that the client is interested in the fastest possible delivery. At the same time, the freight forwarder assures that it’s a neutral cargo and that no additional permits or documents are needed. Thus, the carrier receives an offer and, given the market situation, agrees and proceeds.
The vehicle reaches the Polish border. The driver follows the instructions of the officers. The cargo and documentation are checked. A quick glance at the documents convinces the inspectors that something is amiss. They ask the driver for the BDO number. Surprised, the driver inquires what that is and starts to worry. He assures that everything is in order and that he has all the documents he received at the loading place. The inspector steps aside to make a phone call. He receives instructions to detain the vehicle along with its contents for further investigation.
He returns to the driver and explains that the cargo on the trailer is considered waste. Its transport requires registration in the Polish BDO system. Hearing this, the driver calls his boss and tells him everything. The inspector says that a BDO number is needed and until it is obtained, the vehicle will be detained at a nearby parking lot. A fine of several thousand PLN is also imposed on the company. His boss calls us and outlines the entire situation. We agree to help and set the terms of cooperation. It takes some time, but we finish the work, the truck is released and can proceed on its journey.
Most common reason for SENT-related offense
However, there are cases when a company is already registered in the BDO but didn’t know (or forgot) about the need to prepare a notification on the SENT platform. Recently, a company from Lithuania approached us, which was picking up cargo from Sweden. Their employees were aware that the cargo they had taken from Sweden was waste, but it wasn’t until they reached the Polish border that they realized they needed to fulfill another requirement besides the BDO permit – the SENT notification. They also had to pay dearly for their mistake (about the €6,000 we mentioned earlier). Fortunately, when they reached out to us, we were able to help them with the notification quite quickly. They later admitted that it was an important lesson for them and that next time they would contact us well in advance.
Waste transport is risky when approached without due caution and proper preparation. Without certainty about what or how to do, a company exposes itself to difficulties. That’s why it’s crucial to collaborate with specialists who can provide the necessary support and help organize all the formalities related to waste transport permits. This allows the transport company to focus on what’s most important – growing their business.
