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

Article 42 U.K. Procedural requirements for imports from a country Party to the Basel Convention or from other areas during situations of crisis or war

1. Where waste is imported into the [F1 United Kingdom] and destined for disposal from countries Parties to the Basel Convention, the provisions of Title II shall apply F2 ..., with the adaptations and additions listed in [F3 paragraph 2].

2. The following adaptations shall apply:

(a) the competent authority of transit [F4 in any non-EU country] shall have 60 days following the date of transmission of its acknowledgement of receipt of the notification in which to request additional information on the notified shipment, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties thereof in accordance with Article 6(4) of the Basel Convention, tacit consent or to give a written consent with or without conditions; and

(b) in the cases referred to in Article 41(1)(d) involving situations of crisis, peacemaking, peacekeeping or war, the consent of the competent authorities of dispatch shall not be required.

F5 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The shipment may take place only if:

(a) the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit and if the conditions laid down are met;

(b) a contract between the notifier and consignee has been concluded and is effective, as required in the second subparagraph, point 4 of Article 4 and in Article 5;

(c) a financial guarantee or equivalent insurance has been established and is effective, as required in the second subparagraph, point 5 of Article 4 and in Article 6; and

(d) environmentally sound management, as referred to in Article 49, is ensured.

[F6 5. If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a) where the discovery of the waste is not in the area of the competent authority of destination in the United Kingdom, without delay inform the competent authority of destination; and

(b) ensure detention of the waste until the competent authority of destination has decided otherwise and, where the discovery is not in the area of the relevant authority, has communicated that decision in writing to the relevant authority.

6. In paragraph 5—

• “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

• “relevant authority” has the meaning given in Article 35(7).]

Textual Amendments

F1 Words in Art. 42(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 42(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 42(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 42(2)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(3); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 42(3) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(4); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 42(5)(6) substituted for Art. 42(5) (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(5); 2020 c. 1, Sch. 5 para. 1(1)