Regulation (EC) No 1013/2006 of the European Parliament and of the CouncilDangos y teitl llawn

Article 2 U.K. Definitions

For the purposes of this Regulation:

1.

‘waste’ is as defined in [F1 Article 3(1) of Directive 2008/98/EC];

2.

‘hazardous waste’ is as defined in [F2 Articles 3(2) and 7 of Directive 2008/98/EC];

3.

‘mixture of wastes’ means waste that results from an intentional or unintentional mixing of two or more different wastes and for which mixture no single entry exists in Annexes III, IIIB, IV and IVA. Waste shipped in a single shipment of wastes, consisting of two or more wastes, where each waste is separated, is not a mixture of wastes;

4.

‘disposal’ is as defined [F3 by Article 3(19) of Directive 2008/98/EC];

5.

‘interim disposal’ means disposal operations D 13 to D 15 as defined in [F4 Annex 1 to Directive 2008/98/EC];

6.

‘recovery’ is as defined [F5 by Article 3(15) of Directive 2008/98/EC];

7.

‘interim recovery’ means recovery operations R 12 and R 13 as defined in [F6 Annex 2 to Directive 2008/98/EC];

7a.

‘[F7 re-use’ is as defined in Article 3(13) of Directive 2008/98/EC F8 ...;]

8.

‘environmentally sound management’ means taking all practicable steps to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste;

9.

‘producer’ is anyone whose activities produce waste (original producer) and/or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste (new producer) (as defined in [F9 Article 3(5) of Directive 2008/98/EC]);

10.

‘holder’ is the producer of the waste or the natural or legal person who is in possession of it (and as defined in [F10 Article 3(6) of Directive 2008/98/EC]);

11.

‘collector’ is anyone carrying out waste collection as defined in [F11 Article 3(10) of Directive 2008/98/EC];

12.

‘dealer’ is anyone who acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste, and as referred to in [F12 Article 3(7) of Directive 2008/98/EC];

13.

‘broker’ is anyone arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste, as referred to in [F13 Article 3(8) of Directive 2008/98/EC];

14.

‘consignee’ means the person or undertaking under the jurisdiction of the country of destination to whom or to which the waste is shipped for recovery or disposal;

15.

‘notifier’ means:

(a)

in the case of a shipment originating from [F14 the United Kingdom], any natural or legal person under the jurisdiction of [F15 the United Kingdom] who intends to carry out a shipment of waste or intends to have a shipment of waste carried out and to whom the duty to notify is assigned. The notifier is one of the persons or bodies listed below, selected in accordance with the ranking established in this listing:

(i)

the original producer, or

(ii)

the licensed new producer who carries out operations prior to shipment, or

(iii)

a licensed collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single notified location, or

(iv)

a registered dealer who has been authorised in writing by the original producer, new producer or licensed collector specified in (i), (ii) and (iii) to act on his/her behalf as notifier,

(v)

a registered broker who has been authorised in writing by the original producer, new producer or licensed collector specified in (i), (ii) and (iii) to act on his/her behalf as notifier,

(vi)

where all of the persons specified in (i), (ii), (iii), (iv) and (v) if applicable, are unknown or insolvent, the holder.

Should a notifier specified in (iv) or (v) fail to fulfil any of the take-back obligations set out in Articles 22 to 25, the original producer, new producer or licensed collector specified in (i), (ii) or (iii) respectively who authorised that dealer or broker to act on his/her behalf shall be deemed to be the notifier for the purposes of the said take-back obligations. In circumstances of illegal shipment notified by a dealer or broker specified in (iv) or (v), the person specified in (i), (ii) or (iii) who authorised that dealer or broker to act on his/her behalf shall be deemed to be the notifier for the purposes of this Regulation;

(b)

[X1 [F16 in the case of import of waste into, or transit of waste through, the United Kingdom], any of the following natural or legal persons under the jurisdiction of the country of dispatch who intends to carry out a shipment of waste or intends to have, or who has had, a shipment of waste carried out, being either:

(i)

the person designated by the law of the country of dispatch; or, in the absence of any such designation,

(ii)

the holder at the time the export took place;]

16.

‘Basel Convention’ means the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal;

17.

‘OECD Decision’ means Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations;

18.

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19.

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21.

F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22.

‘country of dispatch’ means any country from which a shipment of waste is planned to be initiated or is initiated;

23.

‘country of destination’ means any country to which a shipment of waste is planned or takes place for recovery or disposal therein, or for the purpose of loading prior to recovery or disposal in an area not under the national jurisdiction of any country;

24.

‘country of transit’ means any country, other than the country of dispatch or destination, through which a shipment of waste is planned or takes place;

25.

‘area under the national jurisdiction of a country’ means any land or marine area within which a state exercises administrative and regulatory responsibility in accordance with international law as regards the protection of human health or the environment;

26.

[F18 ‘overseas countries and territories’ means—

(a)

Anguilla,

(b)

Bermuda,

(c)

British Antarctic Territory,

(d)

British Indian Ocean Territory,

(e)

Cayman Islands,

(f)

Falkland Islands,

(g)

Gibraltar,

(h)

Montserrat,

(i)

Pitcairn, Henderson, Ducie and Oeno Islands,

(j)

St Helena, Ascension and Tristan da Cunha,

(k)

South Georgia and the South Sandwich Islands,

(l)

The Sovereign Base Areas of Akrotiri and Dhekelia,

(m)

Turks and Caicos Islands,

(n)

British Virgin Islands, and

(o)

any overseas country or territory not mentioned above which is listed in Annex 2 to the Treaty on the Functioning of the European Union.]

27.

‘customs office of export from the Community’ is the customs office as defined in Article 161(5) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1);

28.

‘customs office of exit from the Community’ is the customs office as defined in Article 793(2) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(2);

29.

‘customs office of entry into the Community’ is the customs office where waste brought into the customs territory of the Community [F19 or into the territory of the EFTA countries] shall be conveyed to in accordance with Article 38(1) of Regulation (EEC) No 2913/92;

30.

‘import’ means any entry of waste into the [F20 United Kingdom] but excluding transit through the [F20 United Kingdom];

31.

‘export’ means the action of waste leaving the [F21 United Kingdom] but excluding transit through the [F21 United Kingdom];

32.

‘transit’ means a shipment of waste or a planned shipment of waste through one or more countries other than the country of dispatch or destination;

33.

‘transport’ means the carriage of waste by road, rail, air, sea or inland waterways;

34.

‘shipment’ means the transport of waste destined for recovery or disposal which is planned or takes place:

(a)

between a country and another country; or

(b)

between a country and overseas countries and territories or other areas, under that country's protection; or

(c)

between a country and any land area which is not part of any country under international law; or

(d)

between a country and the Antarctic; or

(e)

from one country through any of the areas referred to above; or

(f)

within a country through any of the areas referred to above and which originates in and ends in the same country; or

(g)

from a geographic area not under the jurisdiction of any country, to a country;

35.

‘illegal shipment’ means any shipment of waste effected:

(a)

without notification to all competent authorities concerned pursuant to this Regulation; or

(b)

without the consent of the competent authorities concerned pursuant to this Regulation; or

(c)

with consent obtained from the competent authorities concerned through falsification, misrepresentation or fraud; or

(d)

in a way which is not specified materially in the notification or movement documents; or

(e)

in a way which results in recovery or disposal in contravention of [F22 retained EU law] or international rules; or

(f)

contrary to Articles 34, 36, 39, 40, 41 and 43; or

(g)

which, in relation to shipments of waste as referred to in Article 3(2) and (4), has resulted from:

(i)

the waste being discovered not to be listed in Annexes III, IIIA or IIIB, or

(ii)

non-compliance with Article 3(4),

(iii)

the shipment being effected in a way which is not specified materially in the document set out in Annex VII[F23 ;]

35a.

[F7 ‘inspection’ means actions undertaken by the authorities involved to ascertain whether an establishment, an undertaking, a broker, a dealer, a shipment of waste or the related recovery or disposal complies with the relevant requirements set out in this Regulation.]

Editorial Information

X1 Substituted by Corrigendum to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (Official Journal of the European Union L 190 of 12 July 2006).

Textual Amendments

F1 Words in Art. 2(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(4); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(5); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 2(6) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(6); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 2(7) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(7); 2020 c. 1, Sch. 5 para. 1(1)

F7 Inserted by Regulation (EU) No 660/2014 of the European Parliament and of the Council of 15 May 2014 amending Regulation (EC) No 1013/2006 on shipments of waste.

F8 Words in Art. 2(7a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(8); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(9) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(9); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(10) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(10); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 2(11) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(11); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(12) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(12); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(13) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(13); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(15)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 2(15)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2(15)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 2(18)-(21) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(15); 2020 c. 1, Sch. 5 para. 1(1)

F18 Art. 2(26) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(16); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2(29) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(17); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 2(30) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(18); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 2(31) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(19); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 2(35)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(20); 2020 c. 1, Sch. 5 para. 1(1)

F23 Substituted by Regulation (EU) No 660/2014 of the European Parliament and of the Council of 15 May 2014 amending Regulation (EC) No 1013/2006 on shipments of waste.

(1)

OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

(2)

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 215/2006 (OJ L 38, 9.2.2006, p. 11).