Explanatory Note
(This note is not part of the Regulations)
These Regulations, which apply to England, Wales and Scotland, implement Council Directive No. 84/631/EEC, as amended and adapted to technical progress, on the supervision and control within the European Community of the transfrontier shipment of hazardous waste. Such waste is, with certain exceptions, “special waste” as defined in the Control of Pollution (Special Waste) Regulations 1980. The Regulations provide a system of consignment notes and uniform documents to be used by persons who produce, transport and dispose of consignments of hazardous waste.
Regulations 3 to 10 prohibit holders of hazardous waste from commencing, or allowing the commencement of, the transport of a consignment to destinations outside the United Kingdom until such transport has been notified to the appropriate authorities and the relevant competent authority of the appropriate Member State has acknowledged the notification. (Lists of competent authorities for the purposes of the Directive are published in the Official Journal of the European Communities.) Where a number of consignments of hazardous waste having essentially the same physical and chemical characteristics are to be transported within a 12 month period to the same consignee through the same points of exit and entry, regulations 4 and 7 provide for notification of, and acknowledgement by, the appropriate authorities of notifications relating to the series of consignments, rather than to each individual consignment.
Regulations 11 to 15 prohibit the acceptance of a consignment of hazardous waste originating outside the United Kingdom unless it is accompanied by a consignment note. Regulation 13 also requires consignees to notify the relevant authorities of the acceptance of the consignment.
Regulations 16 and 17 prohibit a carrier from transporting a consignment of waste to which the Regulations apply unless the consignment is accompanied throughout its journey by the appropriate documentation.
In regulations 5, 8, 10(2), 12, 14 and 15(2) provision is made for a simplified notification procedure to be used with respect to hazardous waste the non-ferrous metal content of which is to be recycled, using for this purpose a uniform document rather than a consignment note.
Regulations 19 to 25 require a waste disposal authority that is notified of a consignment of hazardous waste either to acknowledge the notification or to object to the transport of the consignment giving reasons. Such action must be taken within the specified periods.
Regulation 26 lays down the procedure for appealing to the Secretary of State against an objection to the transport of a consignment.
Regulations 27 to 29 make provision with respect to offences.
Regulation 30 amends the Control of Pollution (Special Waste) Regulations 1980.
Consignment notes and uniform documents can be obtained from the Department of the Environment, Room A212, Romney House, 43 Marsham Street, London SW1P 3PY; the Welsh Office, Room 2/081, Cathays Park, Cardiff CF1 3NQ; and the Scottish Development Department, Room 109, 27 Perth Street, Edinburgh EH3 5RB.