S.L. 549.63 ст. 12Duty of care.

(1) It shall be the duty of any original waste producer or other waste holder who carries out the treatment of waste himself or has the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector to ensure that the waste is managed, in accordance with regulation 4A and paragraph 3 of Part 1 of Schedule 5 and the conditions attached to any permit.

(2) It shall be the duty of any original waste producer or other waste holder to:

(a) prevent any contravention of these regulations;

(b) prevent the escape of such waste from his control or that of any other person;

(c) ensure that such waste is managed by a person who is in possession of a permit.

*OJ L 190, 12.7.2006, p 1.

(3) Sub-regulations (1) and (2) shall not apply to an occupier of a household as respects the household waste produced on the property.

(4) It shall be the duty of the occupier of a household to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.

(5) No person shall deposit any waste except in a waste management facility which is authorised to receive that waste by virtue of a permit.

(6) When the waste is transferred from the original producer or holder to one of the natural or legal persons referred to in sub-regulation (1) for preliminary treatment, the responsibility for carrying out a complete recovery or disposal operation shall not be discharged as a general rule. Without prejudice to Regulation (EC) * No 1013/2006 , the competent authority may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases the responsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.

(7) Without prejudice to regulation 4(3) of the Extended Producer

Responsibility Framework Regulations, in accordance with the polluter-pays principle, the costs of waste management, including for the necessary infrastructure and its operation, shall be borne by the original waste producer or by the current or previous waste holders depending on who has the duty of care for the waste in accordance with the provisions of this regulation.

(8) Establishments or undertakings which collect or transport waste on a professional basis shall deliver the waste collected and transported to appropriate treatment installations in accordance with paragraph 3 of Schedule 5.