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Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste
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THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Economic and Social Committee(1),
After consulting the Committee of the Regions,
Acting in accordance with the procedure laid down in Article 251 of the Treaty(2),
Whereas:
(1)The main and predominant objective and component of this Regulation is the protection of the environment, its effects on international trade being only incidental.
(2)Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(3) has already been significantly amended on several occasions and requires further amendment. It is necessary, in particular, to incorporate in that Regulation the content of Commission Decision 94/774/EC of 24 November 1994 concerning the standard consignment note referred to in Council Regulation (EEC) No 259/93(4) and of Commission Decision 1999/412/EC of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93(5). Regulation (EEC) No 259/93 should therefore be replaced in the interests of clarity.
(3)Council Decision 93/98/EEC(6) concerned the conclusion, on behalf of the Community, of the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal(7), to which the Community has been a Party since 1994. By adopting Regulation (EEC) No 259/93, the Council has established rules to curtail and to control such movements designed, inter alia, to make the existing Community system for the supervision and control of waste movements comply with the requirements of the Basel Convention.
(4)Council Decision 97/640/EC(8) concerned the approval, on behalf of the Community, of the amendment to the Basel Convention, as laid down in Decision III/1 of the Conference of the Parties. By that amendment, all exports of hazardous waste destined for disposal from countries listed in Annex VII to the Convention to countries not listed therein were prohibited, as were, with effect from 1 January 1998, all such exports of the hazardous waste referred to in Article 1(1)(a) of the Convention and destined for recovery. Regulation (EEC) No 259/93 was amended accordingly by Council Regulation (EC) No 120/97(9).
(5)In view of the fact that the Community has approved Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on the control of transboundary movements of wastes destined for recovery operations (OECD Decision), in order to harmonise waste lists with the Basel Convention and revise certain other requirements, it is necessary to incorporate the content of that Decision in Community legislation.
(6)The Community has signed the Stockholm Convention of 22 May 2001 on persistent organic pollutants.
(7)It is important to organise and regulate the supervision and control of shipments of waste in a way which takes account of the need to preserve, protect and improve the quality of the environment and human health and which promotes a more uniform application of the Regulation throughout the Community.
(8)It is also important to bear in mind the requirement laid down in Article 4(2)(d) of the Basel Convention that shipments of hazardous waste are to be reduced to a minimum, consistent with environmentally sound and efficient management of such waste.
(9)Furthermore, it is important to bear in mind the right of each Party to the Basel Convention, pursuant to Article 4(1) thereof, to prohibit the import of hazardous waste or of waste listed in Annex II to that Convention.
(10)Shipments of waste generated by armed forces or relief organisations should be excluded from the scope of this Regulation when imported into the Community in certain situations (including transit within the Community when the waste enters the Community). The requirements of international law and international agreements should be respected in relation to such shipments. In such cases, any competent authority of transit and the competent authority of destination in the Community should be informed in advance concerning the shipment and its destination.
(11)It is necessary to avoid duplication with Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption(10), which already contains provisions covering the overall consignment, channelling and movement (collection, transport, handling, processing, use, recovery or disposal, record keeping, accompanying documents and traceability) of animal by-products within, into and out of the Community.
(12)The Commission should report by the date of entry into force of this Regulation on the relationship between the existing sectoral legislation on animal and public health and the provisions of this Regulation, and should submit by that date any proposals needed to bring such legislation into line with this Regulation in order to achieve an equivalent level of control.
(13)Although the supervision and control of shipments of waste within a Member State is a matter for that Member State, national systems concerning shipments of waste should take account of the need for coherence with the Community system in order to ensure a high level of protection of the environment and human health.
(14)In the case of shipments of waste destined for disposal operations and waste not listed in Annex III, IIIA or IIIB destined for recovery operations, it is appropriate to ensure optimum supervision and control by requiring prior written consent to such shipments. Such a procedure should in turn entail prior notification, which enables the competent authorities to be duly informed so that they can take all necessary measures for the protection of human health and the environment. It should also enable those authorities to raise reasoned objections to such a shipment.
(15)In the case of shipments of waste listed in Annex III, IIIA or IIIB destined for recovery operations, it is appropriate to ensure a minimum level of supervision and control by requiring such shipments to be accompanied by certain information.
(16)In view of the need for uniform application of this Regulation and for the proper functioning of the internal market, it is necessary in the interests of efficiency to require that notifications be processed through the competent authority of dispatch.
(17)It is also important to clarify the system of financial guarantees or equivalent insurance.
(18)Considering the responsibility of waste producers for the environmentally sound management of waste, the notification and movement documents for waste shipments should, where practicable, be filled in by the waste producers.
(19)It is necessary to provide procedural safeguards for the notifier, both in the interests of legal certainty and to ensure uniform application of this Regulation and the proper functioning of the internal market.
(20)In the case of shipments of waste for disposal, Member States should take into account the principles of proximity, priority for recovery and self-sufficiency at Community and national levels, in accordance with Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste(11), by taking measures in accordance with the Treaty to prohibit generally or partially or to object systematically to such shipments. Account should also be taken of the requirement laid down in Directive 2006/12/EC, whereby Member States are to establish an integrated and adequate network of waste disposal installations, in order to enable the Community as a whole to become self-sufficient in waste disposal and the Member States to move towards that aim individually, taking into account geographical circumstances or the need for specialised installations for certain types of waste. Member States should also be able to ensure that the waste management facilities covered by Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control(12) apply best available techniques as defined in that Directive in compliance with the permit of the facility, and that the waste is treated in accordance with legally binding environmental protection standards in relation to disposal operations established in Community legislation.
(21)In the case of shipments of waste destined for recovery, Member States should be able to ensure that the waste management facilities covered by Directive 96/61/EC apply best available techniques as defined in that Directive in compliance with the permit of the facility. Member States should also be able to ensure that waste is treated in accordance with legally binding environmental protection standards in relation to recovery operations established in Community legislation and that, taking account of Article 7(4) of Directive 2006/12/EC, waste is treated in accordance with waste management plans established pursuant to that Directive with the purpose of ensuring the implementation of legally binding recovery or recycling obligations established in Community legislation.
(22)The development of mandatory requirements for waste facilities and the treatment of specific waste materials at Community level, in addition to the existing provisions of Community law, can contribute to the creation of a high level of environmental protection across the Community, assist in the creation of a level playing field for recycling and help to ensure that the development of an economically viable internal market for recycling is not hindered. Therefore there is a need to develop a Community level playing field for recycling through the application of common standards in certain areas, as appropriate and including in relation to secondary materials, in order to increase the quality of recycling. The Commission should submit, as appropriate, proposals for such standards for certain wastes and certain recycling facilities as soon as practicable based on further examination in the context of the waste strategy and taking into account existing Community legislation and legislation in the Member States. In the interim, it should be possible, under certain conditions, to object to planned shipments where the related recovery would not be in accordance with national legislation in the country of dispatch relating to the recovery of waste. In the interim, the Commission should also keep under review the situation regarding possible undesired shipments of waste to the new Member States and, if necessary, submit appropriate proposals to deal with such situations.
(23)Member States should be required to ensure that, in accordance with the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 25 June 1998 (Aarhus Convention), the relevant competent authorities make publicly available by appropriate means information on notifications of shipments, where such information is not confidential under national or Community legislation.
(24)An obligation should be laid down to the effect that waste from a shipment that cannot be completed as intended is to be taken back to the country of dispatch or recovered or disposed of in an alternative way.
(25)It should also be made compulsory for the person whose action is the cause of an illegal shipment to take back the waste involved or make alternative arrangements for its recovery or disposal. Failing that, the competent authorities of dispatch or destination, as appropriate, should intervene themselves.
(26)It is necessary, in order to protect the environment of the countries concerned, to clarify the scope of the prohibition laid down in accordance with the Basel Convention of exports from the Community of any waste destined for disposal in a third country other than an EFTA (European Free Trade Association) country.
(27)Countries that are Parties to the Agreement on the European Economic Area may adopt the control procedures provided for shipments within the Community.
(28)It is also necessary, in order to protect the environment of the countries concerned, to clarify the scope of the prohibition of exports of hazardous waste destined for recovery in a country to which the OECD Decision does not apply, also laid down in accordance with the Basel Convention. In particular, it is necessary to clarify the list of waste to which that prohibition applies and to ensure that it also includes the waste listed in Annex II to the Basel Convention, namely waste collected from households and residues from the incineration of household waste.
(29)Specific arrangements should be maintained for exports of non-hazardous waste destined for recovery in countries to which the OECD Decision does not apply and provision should be made for them to be further streamlined at a later date.
(30)Imports into the Community of waste for disposal should be permitted where the exporting country is a Party to the Basel Convention. Imports into the Community of waste for recovery should be permitted where the exporting country is one to which the OECD Decision applies or is a Party to the Basel Convention. In other cases, however, imports should be allowed only if the exporting country is bound by a bilateral or multilateral agreement or arrangement compatible with Community legislation and in accordance with Article 11 of the Basel Convention, except when this is not possible during situations of crisis, peacemaking, peacekeeping or war.
(31)This Regulation should be applied in accordance with international maritime law.
(32)This Regulation should reflect the rules regarding exports and imports of waste to and from the overseas countries and territories laid down in Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (Overseas Association Decision)(13).
(33)The necessary steps should be taken to ensure that, in accordance with Directive 2006/12/EC and other Community legislation on waste, waste shipped within the Community and waste imported into the Community is managed, throughout the period of shipment and including recovery or disposal in the country of destination, without endangering human health and without using processes or methods which could harm the environment. As regards exports from the Community that are not prohibited, efforts should be made to ensure that the waste is managed in an environmentally sound manner throughout the period of shipment and including recovery or disposal in the third country of destination. The facility which receives the waste should be operated in accordance with human health and environmental protection standards that are broadly equivalent to those established in Community legislation. A list of non-binding guidelines should be established in which guidance may be sought on environmentally sound management.
(34)Member States should provide the Commission with information concerning the implementation of this Regulation, both through the reports submitted to the Secretariat of the Basel Convention and on the basis of a separate questionnaire.
(35)It is necessary to ensure the safe and environmentally sound management of ship dismantling in order to protect human health and the environment. Furthermore, it should be noted that a ship may become waste as defined in Article 2 of the Basel Convention and that at the same time it may be defined as a ship under other international rules. It is important to recall that work is ongoing, involving inter-agency cooperation between International Labour Organisation (ILO), International Maritime Organisation (IMO) and the Secretariat of the Basel Convention, to establish mandatory requirements at the global level ensuring an efficient and effective solution to the problem of ship dismantling.
(36)Efficient international cooperation regarding control of shipments of waste is instrumental in ensuring that shipments of hazardous waste are controlled. Information exchange, shared responsibility and cooperative efforts between the Community and its Member States and third countries should be promoted with a view to ensuring sound management of waste.
(37)Certain Annexes to this Regulation should be adopted by the Commission in accordance with the procedure referred to in Article 18(3) of Directive 2006/12/EC. This procedure should also apply to the amendment of the Annexes to take account of scientific and technical progress, of modifications in the relevant Community legislation or of events connected to the OECD Decision or to the Basel Convention and other related international conventions and agreements.
(38)In preparing the instructions for completing the notification and movement documents to be set out in Annex IC, the Commission, taking into account the OECD Decision and the Basel Convention, should specify, inter alia, that the notification and movement documents should, as far as possible, be on two pages and what the precise timing is for completion of the notification and movement documents in Annex IA and IB, taking into account Annex II. In addition, where terminology and requirements differ between the OECD Decision or the Basel Convention and this Regulation, the specific requirements should be clarified.
(39)In considering the mixtures of wastes to be added in Annex IIIA, the following information should be considered, inter alia: the properties of the waste, such as its possible hazardous characteristics, its potential for contamination and its physical state; the management aspects, such as the technological capacity to recover the waste, and the environmental benefits arising from the recovery operation, including whether the environmentally sound management of the waste may be impaired. The Commission should progress towards the completion of this Annex as far as possible before the date of entry into force of this Regulation and complete this task at the latest six months after that date.
(40)Additional measures related to the implementation of this Regulation should also be adopted by the Commission in accordance with the procedure referred to in Article 18(3) of Directive 2006/12/EC. These measures should include a method for calculating the financial guarantee or equivalent insurance to be completed by the Commission, if possible, before the date of application of this Regulation.
(41)The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(14).
(42)Since the objective of this Regulation, namely to ensure protection of the environment when waste is subject to shipment, cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale and effects thereof, be better achieved at Community level, the Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective,
HAVE ADOPTED THIS REGULATION:
1.This Regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.
[F12.This Regulation shall apply to shipments of waste—
(a)exported from the United Kingdom to a third country, with or without transit through another third country (see Titles 2 and 4, read together);
(b)imported into the United Kingdom from a third country, with or without transit through another third country (see Titles 2 and 5, read together);
(c)from one third country to another with transit through the United Kingdom (see Titles 2 and 6, read together);
(d)from one place in the United Kingdom to another with transit through a third country (see Articles 31 and 32)].
3.The following shall be excluded from the scope of this Regulation:
(a)the offloading to shore of waste, including waste water and residues, generated by the normal operation of ships and offshore platforms, provided that such waste is subject to the requirements of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Marpol 73/78), or other binding international instruments;
(b)waste generated on board vehicles, trains, aeroplanes and ships, until such waste is offloaded in order to be recovered or disposed of;
(c)shipments of radioactive waste as defined in Article 2 of Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community(15);
(d)shipments which are subject to the approval requirements of Regulation (EC) No 1774/2002;
(e)shipments of [F2decommissioned explosives, waste waters or mining waste (see paragraph 6)], where such shipments are already covered by other [F3retained EU law] containing similar provisions;
(f)shipments of waste from the Antarctic into the [F4United Kingdom] which are in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty (1991);
(g)imports F5... of waste generated by armed forces or relief organisations in situations of crisis, peacemaking or peacekeeping operations where such waste is shipped, by the armed forces or relief organisations concerned or on their behalf, directly or indirectly to the country of destination. [F6In such cases, the competent authority of destination and the competent authority of transit in the United Kingdom shall be informed in advance concerning the shipment and its destination;]
[F7(h ) shipments of CO 2 for the purposes of geological storage in accordance with [F8—
(i)Directive 2009/31/EC as amended from time to time; or
(ii)Chapter 3 of Part 1 of the Energy Act 2008 and any other legislation which, immediately before exit day, implemented Directive 2009/31/EC;]]
[F9(i ) ships [F10falling within] the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council (17) . ]
4.Shipments of waste from the Antarctic to countries outside the [F11United Kingdom], which transit through the [F11United Kingdom], shall be subject to Articles 36 and 49.
F125.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F136.In paragraph 3(e), ‘decommissioned explosives, waste waters or mining waste’ means the waste referred to in paragraph 1(e) or 2(a) or (d) of Article 2 of Directive 2008/98/EC.]
Textual Amendments
F1Art. 1(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(2); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 1(3)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 1(3)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 1(3)(f) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 1(3)(g) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 1(3)(g) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Inserted by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance).
F8Words in Art. 1(3)(h) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
F9Inserted by Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (Text with EEA relevance).
F10Words in Art. 1(3)(i) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(e); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 1(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(4); 2020 c. 1, Sch. 5 para. 1(1)
F12Art. 1(5) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(5); 2020 c. 1, Sch. 5 para. 1(1)
For the purposes of this Regulation:
‘waste’ is as defined in [F14Article 3(1) of Directive 2008/98/EC];
‘hazardous waste’ is as defined in [F15Articles 3(2) and 7 of Directive 2008/98/EC];
‘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;
‘disposal’ is as defined [F16by Article 3(19) of Directive 2008/98/EC];
‘interim disposal’ means disposal operations D 13 to D 15 as defined in [F17Annex 1 to Directive 2008/98/EC];
‘recovery’ is as defined [F18by Article 3(15) of Directive 2008/98/EC];
‘interim recovery’ means recovery operations R 12 and R 13 as defined in [F19Annex 2 to Directive 2008/98/EC];
‘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;
‘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 [F22Article 3(5) of Directive 2008/98/EC]);
‘holder’ is the producer of the waste or the natural or legal person who is in possession of it (and as defined in [F23Article 3(6) of Directive 2008/98/EC]);
‘collector’ is anyone carrying out waste collection as defined in [F24Article 3(10) of Directive 2008/98/EC];
‘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 [F25Article 3(7) of Directive 2008/98/EC];
‘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 [F26Article 3(8) of Directive 2008/98/EC];
‘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;
‘notifier’ means:
in the case of a shipment originating from [F27the United Kingdom], any natural or legal person under the jurisdiction of [F28the 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:
the original producer, or
the licensed new producer who carries out operations prior to shipment, or
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
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,
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,
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;
[X1[F29in 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:
the person designated by the law of the country of dispatch; or, in the absence of any such designation,
the holder at the time the export took place;]
‘Basel Convention’ means the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal;
‘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;
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
‘country of dispatch’ means any country from which a shipment of waste is planned to be initiated or is initiated;
‘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;
‘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;
‘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;
[F31‘overseas countries and territories’ means—
Anguilla,
Bermuda,
British Antarctic Territory,
British Indian Ocean Territory,
Cayman Islands,
Falkland Islands,
Gibraltar,
Montserrat,
Pitcairn, Henderson, Ducie and Oeno Islands,
St Helena, Ascension and Tristan da Cunha,
South Georgia and the South Sandwich Islands,
The Sovereign Base Areas of Akrotiri and Dhekelia,
Turks and Caicos Islands,
British Virgin Islands, and
any overseas country or territory not mentioned above which is listed in Annex 2 to the Treaty on the Functioning of the European Union.]
‘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(20);
‘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(21);
‘customs office of entry into the Community’ is the customs office where waste brought into the customs territory of the Community [F32or into the territory of the EFTA countries] shall be conveyed to in accordance with Article 38(1) of Regulation (EEC) No 2913/92;
‘import’ means any entry of waste into the [F33United Kingdom] but excluding transit through the [F33United Kingdom];
‘export’ means the action of waste leaving the [F34United Kingdom] but excluding transit through the [F34United Kingdom];
‘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;
‘transport’ means the carriage of waste by road, rail, air, sea or inland waterways;
‘shipment’ means the transport of waste destined for recovery or disposal which is planned or takes place:
between a country and another country; or
between a country and overseas countries and territories or other areas, under that country's protection; or
between a country and any land area which is not part of any country under international law; or
between a country and the Antarctic; or
from one country through any of the areas referred to above; or
within a country through any of the areas referred to above and which originates in and ends in the same country; or
from a geographic area not under the jurisdiction of any country, to a country;
‘illegal shipment’ means any shipment of waste effected:
without notification to all competent authorities concerned pursuant to this Regulation; or
without the consent of the competent authorities concerned pursuant to this Regulation; or
with consent obtained from the competent authorities concerned through falsification, misrepresentation or fraud; or
in a way which is not specified materially in the notification or movement documents; or
in a way which results in recovery or disposal in contravention of [F35retained EU law] or international rules; or
contrary to Articles 34, 36, 39, 40, 41 and 43; or
which, in relation to shipments of waste as referred to in Article 3(2) and (4), has resulted from:
the waste being discovered not to be listed in Annexes III, IIIA or IIIB, or
non-compliance with Article 3(4),
the shipment being effected in a way which is not specified materially in the document set out in Annex VII[F36;]
[F20‘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
X1Substituted 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
F14Words 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)
F15Words 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)
F16Words 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)
F17Words 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)
F18Words 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)
F19Words 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)
F20Inserted 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.
F21Words 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)
F22Words 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)
F23Words 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)
F24Words 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)
F25Words 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)
F26Words 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)
F27Words 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)
F28Words 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)
F29Words 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)
F30Art. 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)
F31Art. 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)
F32Words 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)
F33Words 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)
F34Words 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)
F35Words 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)
1.In this Regulation, “Directive 2008/98/EC” means (except in the expression “Directive 2008/98/EC as amended from time to time”) Directive 2008/98/EC as amended by—
(a)Commission Regulation (EU) No 1357/2014 (15);
(b)Commission Directive (EU) 2015/1127(16); and
(c)Council Regulation (EU) 2017/997(17),
and read in accordance with paragraphs 2 to 6.
2.Article 2 of Directive 2008/98/EC is to be read as if—
(a)in paragraph 2—
(i)in the words before point (a), for “other Community legislation” there were substituted “retained EU law”;
(ii)for point (d), in relation to Scotland, there were substituted—
“(d)extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010(18).”;
(iiifor point (d), in relation to Northern Ireland, there were substituted—
“(d)extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015(19).”;
(b)after paragraph 2 there were inserted—
“2A. In paragraph 2(d), as it relates to England and Wales, “Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries(20)” means Directive 2006/21/EC read as if—
(a)in Article 2 of Directive 2006/21/EC—
(i)in paragraph 2(c), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(21)” had the meaning given in paragraph 2B;
(ii)paragraphs 3 and 4 were omitted;
(b)in Article 3(1) of Directive 2006/21/EC, for “Article 1(a) of Directive 75/442/EC” there were substituted “Article 3(1) of Directive 2008/98/EC”.
2B. For the purposes of paragraph 2A(a)(i), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy” means Article 11(3)(j) of Directive 2000/60/EC read as if—
(a)the reference to “Member States” were a reference to—
(i)in relation to England, the Secretary of State or the Environment Agency;
(ii)in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;
(iii)in relation to Scotland, the Scottish Ministers or the Scottish Environment Protection Agency;
(iv)in relation to Wales, the Welsh Ministers or the Natural Resources Body for Wales;
(b)in the words after the final indent, “environmental objectives”—
(i)in relation to the Northumbria River Basin District, means the objectives referred to in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017) as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);
(ii)in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;
(iii)in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, has the same meaning as in those regulations.”.
3.Article 5 of Directive 2008/98/EC is to be read as if paragraph 2 were omitted.
4.Article 6 of Directive 2008/98/EC is to be read as if—
(a)paragraphs 1 to 3 were omitted;
(b)in paragraph 4—
(i)in the first sentence, for the words from the beginning to “Member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007”;
(ii)the second sentence were omitted.
5.Article 7 of Directive 2008/98/EC is to be read as if—
(a)in paragraph 1—
(i)the first and second sentences were omitted;
(ii)in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;
(b)after paragraph 1, there were inserted—
Paragraph 1 is subject to—
(a)a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs under regulation 9(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as hazardous waste;
(b)a decision made by the Secretary of State under regulation 9(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs under regulation 10(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as non-hazardous waste;
(c)the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulations 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulations 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulations 9(2) or 10(2) of the Hazardous Waste Regulations (Northern Ireland) 2005;
(d)regulations (if any) made by the Secretary of State under section 62A(1) of the Environmental Protection Act 1990 or by the Welsh Ministers under section 62A(2) of that Act (lists of waste displaying hazardous properties);
(e)a determination by the Scottish Ministers that a specific batch or type of waste—
(i)is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;
(ii)is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;
(c)paragraphs 2, 3 and 5 were omitted;
(d)after paragraph 6, there were inserted—
In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;
(e)paragraph 7 were omitted.
6.Annex 3 to Directive 2008/98/EC is to be read as if—
(a)in the entry for HP 9, in the second sentence, “in the Member States” were omitted;
(b)in the entry for HP 15, in the sentence immediately after Table 9, for “Member States” there were substituted “the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007”.
Textual Amendments
In this Regulation—
(a)a reference to an EU country is a reference to a country which is a member State on exit day;
(b)a reference to a non-EU country is a reference to a country other than the United Kingdom which is not a member State on exit day;
(c)a reference to an EFTA country is a reference to a non-EU country which is a party to the EEA agreement on exit day;
(d)a reference to a third country is a reference to a country other than the United Kingdom.
Textual Amendments
1.n this Regulation, a reference to the ‘competent authority’—
(a)in relation to the United Kingdom, is to be read in accordance with paragraphs 3 and 4;
(b)in relation to an EU country, is a reference to the body designated by that country in accordance with Article 53 of Regulation (EC) No. 1013/2006 as it has effect in EU law as amended from time to time; or
(c)in relation to a non-EU country that is a Party to the Basel Convention, is a reference to the body designated by that country as the competent authority in accordance with Article 5 of the Convention; or
(d)in relation to any country not referred to in points (a) to (c), is a reference to the body that has been designated as the competent authority by the country or region concerned or, in the absence of such designation, the regulatory authority for the country or region, as appropriate, which has jurisdiction over shipments of waste for recovery or disposal or transit (as the case may be).
2.In this Regulation—
(a)‘competent authority of dispatch’ means the competent authority for the area from which the shipment is planned to be initiated or is initiated;
(b)‘competent authority of destination’ means the competent authority for the area to which the shipment is planned or takes place, or in which waste is loaded prior to recovery or disposal in an area not under the national jurisdiction of any country;
(c)‘competent authority of transit’ means the competent authority for any country, other than that of the competent authority of dispatch or destination, through which the shipment is planned or takes place.
3.The competent authority of dispatch, or the competent authority of destination, in the United Kingdom is—
(a)where the area concerned is in England or the English area, the Environment Agency;
(b)where the area concerned is in Wales or the Welsh area, the Natural Resources Body for Wales;
(c)where the area concerned is in Scotland or the Scottish area, the Scottish Environment Protection Agency;
(d)where the area concerned is in Northern Ireland or the Northern Irish area, the Department of Agriculture, Environment and Rural Affairs,
and “English area”, “Welsh area”, “Scottish area” and “Northern Irish area” have the meanings given by regulation 4(1) of the Transfrontier Shipment of Waste Regulations 2007.
4.The competent authority of transit in the United Kingdom is the Environment Agency.]
Textual Amendments
1.Shipments of the following wastes shall be subject to the procedure of prior written notification and consent as laid down in the provisions of this Title:
(a)if destined for disposal operations:
all wastes;
(b)if destined for recovery operations:
wastes listed in Annex IV, which include, inter alia, wastes listed in Annexes II and VIII to the Basel Convention,
wastes listed in Annex IVA,
wastes not classified under one single entry in either Annex III, IIIB, IV or IVA,
mixtures of wastes not classified under one single entry in either Annex III, IIIB, IV or IVA unless listed in Annex IIIA.
2.Shipments of the following wastes destined for recovery shall be subject to the general information requirements laid down in Article 18, if the amount of waste shipped exceeds 20 kg:
(a)waste listed in Annex III or IIIB;
(b)mixtures, not classified under one single entry in Annex III, of two or more wastes listed in Annex III, provided that the composition of these mixtures does not impair their environmentally sound recovery and provided that such mixtures are listed in Annex IIIA, in accordance with Article 58.
3.For wastes listed in Annex III, in exceptional cases, the relevant provisions shall apply as if they had been listed in Annex IV, if they display any of the hazardous characteristics listed in Annex III to Directive [F392008/98/EC]. These cases shall be treated in accordance with Article 58.
4.Shipments of waste explicitly destined for laboratory analysis to assess either its physical or chemical characteristics or to determine its suitability for recovery or disposal operations shall not be subject to the procedure of prior written notification and consent as described in paragraph 1. Instead, the procedural requirements of Article 18 shall apply. The amount of such waste exempted when explicitly destined for laboratory analysis shall be determined by the minimum quantity reasonably needed to adequately perform the analysis in each particular case, and shall not exceed 25 kg.
5.Shipments of mixed municipal waste (waste entry 20 03 01) collected from private households, including where such collection also covers such waste from other producers, to recovery or disposal facilities shall, in accordance with this Regulation, be subject to the same provisions as shipments of waste destined for disposal.
Textual Amendments
F39Word in Art. 3(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 50; 2020 c. 1, Sch. 5 para. 1(1)
Where the notifier intends to ship waste as referred to in Article 3(1)(a) or (b), he/she shall submit a prior written notification to and through the competent authority of dispatch and, if submitting a general notification, comply with Article 13.
When a notification is submitted, the following requirements shall be fulfilled:
notification and movement documents:
Notification shall be effected by means of the following documents:
the notification document set out in Annex IA; and
the movement document set out in Annex IB.
In submitting a notification, the notifier shall fill in the notification document and, where relevant, the movement document.
When the notifier is not the original producer in accordance with point 15(a)(i) of Article 2, the notifier shall ensure that this producer or one of the persons indicated in point 15(a)(ii) or (iii) of Article 2, where practicable, also signs the notification document set out in Annex IA.
The notification document and the movement document shall be issued to the notifier by the competent authority of dispatch;
information and documentation in the notification and movement documents:
The notifier shall supply on, or annex to, the notification document information and documentation as listed in Annex II, Part 1. The notifier shall supply on, or annex to, the movement document information and documentation referred to in Annex II, Part 2, to the extent possible at the time of notification.
A notification shall be considered properly carried out when the competent authority of dispatch is satisfied that the notification document and movement document have been completed in accordance with the first subparagraph;
additional information and documentation:
If requested by any of the competent authorities concerned, the notifier shall supply additional information and documentation. A list of additional information and documentation that may be requested is set out in Annex II, Part 3.
A notification shall be considered properly completed when the competent authority of destination is satisfied that the notification document and the movement document have been completed and that the information and documentation as listed in Annex II, Parts 1 and 2, as well as any additional information and documentation requested in accordance with this paragraph and as listed in Annex II, Part 3, have been supplied by the notifier;
conclusion of a contract between the notifier and the consignee:
The notifier shall conclude a contract as described in Article 5 with the consignee for the recovery or disposal of the notified waste.
Evidence of this contract or a declaration certifying its existence in accordance with Annex IA shall be supplied to the competent authorities involved at the time of notification. A copy of the contract or such evidence to the satisfaction of the competent authority concerned shall be provided by the notifier or consignee upon request by the competent authority;
establishment of a financial guarantee or equivalent insurance:
A financial guarantee or equivalent insurance shall be established as described in Article 6. A declaration to this effect shall be made by the notifier through completion of the appropriate part of the notification document set out in Annex IA.
The financial guarantee or equivalent insurance (or if the competent authority so allows, evidence of that guarantee or insurance or a declaration certifying its existence) shall be supplied as part of the notification document at the time of notification or, if the competent authority so allows, pursuant to national legislation, at such time before the shipment starts;
Coverage of the notification:
A notification shall cover the shipment of waste from its initial place of dispatch and including its interim and non-interim recovery or disposal.
If subsequent interim or non-interim operations take place in a country other than the first country of destination, the non-interim operation and its destination shall be indicated in the notification and Article 15(f) shall apply.
Only one waste identification code shall be covered for each notification, except for:
wastes not classified under one single entry in either Annex III, IIIB, IV or IVA. In this case, only one type of waste shall be specified;
mixtures of wastes not classified under one single entry in either Annex III, IIIB, IV or IVA unless listed in Annex IIIA. In this case, the code for each fraction of the waste shall be specified in order of importance.
1.All shipments of waste for which notification is required shall be subject to the requirement of the conclusion of a contract between the notifier and the consignee for the recovery or disposal of the notified waste.
2.The contract shall be concluded and effective at the time of notification and for the duration of the shipment until a certificate is issued in accordance with Article 15(e), Article 16(e) or, where appropriate, Article 15(d).
3.The contract shall include obligations:
(a)on the notifier to take the waste back if the shipment or the recovery or disposal has not been completed as intended or if it has been effected as an illegal shipment, in accordance with Article 22 and Article 24(2);
(b)on the consignee to recover or dispose of the waste if it has been effected as an illegal shipment, in accordance with Article 24(3); and
(c)on the facility to provide, in accordance with Article 16(e), a certificate that the waste has been recovered or disposed of, in accordance with the notification and the conditions specified therein and the requirements of this Regulation.
4.If the waste shipped is destined for interim recovery or disposal operations, the contract shall include the following additional obligations:
(a)the obligation on the facility of destination to provide, in accordance with Article 15(d) and, where appropriate, Article 15(e), the certificates that the waste has been recovered or disposed of in accordance with the notification and the conditions specified therein and the requirements of this Regulation; and
(b)the obligation on the consignee to submit, where applicable, a notification to the initial competent authority of the initial country of dispatch in accordance with Article 15(f)(ii).
5.If the waste is shipped between two establishments under the control of the same legal entity, the contract may be replaced by a declaration by the entity in question undertaking to recover or dispose of the notified waste.
1.All shipments of waste for which notification is required shall be subject to the requirement of a financial guarantee or equivalent insurance covering:
(a)costs of transport;
(b)costs of recovery or disposal, including any necessary interim operation; and
(c)costs of storage for 90 days.
2.The financial guarantee or equivalent insurance is intended to cover costs arising in the context of:
(a)cases where a shipment or the recovery or disposal cannot be completed as intended, as referred to in Article 22; and
(b)cases where a shipment or the recovery or disposal is illegal as referred to in Article 24.
3.The financial guarantee or equivalent insurance shall be established by the notifier or by another natural or legal person on its behalf and shall be effective at the time of the notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, at the latest when the shipment starts, and shall apply to the notified shipment at the latest when the shipment starts.
4.The competent authority of dispatch shall approve the financial guarantee or equivalent insurance, including the form, wording and amount of the cover.
However, in cases of import [F40from a country other than an EU country], the competent authority of destination F41... shall review the amount of cover and, if necessary, approve an additional financial guarantee or equivalent insurance.
5.The financial guarantee or equivalent insurance shall be valid for and cover a notified shipment and completion of recovery or disposal of the notified waste.
The financial guarantee or equivalent insurance shall be released when the competent authority concerned has received the certificate referred to in Article 16(e) or, where appropriate, in Article 15(e) as regards interim recovery or disposal operations.
6.By way of derogation from paragraph 5, if the waste shipped is destined for interim recovery or disposal operations and a further recovery or disposal operation takes place in the country of destination, the financial guarantee or equivalent insurance may be released when the waste leaves the interim facility and the competent authority concerned has received the certificate referred to in Article 15(d). In this case, any further shipment to a recovery or disposal facility shall be covered by a new financial guarantee or equivalent insurance unless the competent authority of destination is satisfied that such a financial guarantee or equivalent insurance is not required. In these circumstances, the competent authority of destination shall be responsible for obligations arising in the case of an illegal shipment or for take-back where the shipment or the further recovery or disposal operation cannot be completed as intended.
7.The competent authority F42... which has approved the financial guarantee or equivalent insurance shall have access thereto and shall make use of the funding, including for the purpose of payments to other authorities concerned, in order to meet the obligations arising in accordance with Articles 23 and 25.
8.In the case of a general notification pursuant to Article 13, a financial guarantee or equivalent insurance covering parts of the general notification may be established, instead of one covering the entire general notification. In such cases, the financial guarantee or equivalent insurance shall apply to the shipment at the latest when the notified shipment it covers starts.
The financial guarantee or equivalent insurance shall be released when the competent authority concerned has received the certificate referred to in Article 16(e) or, where appropriate, in Article 15(e) as regards interim recovery or disposal operations for the relevant waste. Paragraph 6 shall apply mutatis mutandis.
F439.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F40Words in Art. 6(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 51(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F41Words in Art. 6(4) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 51(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F42Words in Art. 6(7) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 51(3); 2020 c. 1, Sch. 5 para. 1(1)
F43Art. 6(9) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 51(4); 2020 c. 1, Sch. 5 para. 1(1)
1.Once the notification has been properly carried out, as described in the second subparagraph, point 2 of Article 4, the competent authority of dispatch shall retain a copy of the notification and transmit the notification to the competent authority of destination with copies to any competent authority(ies) of transit, and shall inform the notifier of the transmission. This shall be done within three working days of receipt of the notification.
2.If the notification is not properly carried out, the competent authority of dispatch shall request information and documentation from the notifier in accordance with the second subparagraph, point 2 of Article 4.
This shall be done within three working days of receipt of the notification.
In such cases the competent authority of dispatch shall have three working days following the receipt of the information and/or documentation requested in which to comply with paragraph 1.
3.Once the notification has been properly carried out, as described in the second subparagraph, point 2 of Article 4, the competent authority of dispatch may decide, within three working days, not to proceed with the notification, if it has objections to the shipment in accordance with Articles 11 and 12.
It shall immediately inform the notifier of its decision and of these objections.
4.If, within 30 days of receipt of the notification, the competent authority of dispatch has not transmitted the notification as required under paragraph 1, it shall provide the notifier with a reasoned explanation upon his/her request. This shall not apply when the request for information, referred to in paragraph 2, has not been complied with.
1.Following the transmission of the notification by the competent authority of dispatch, if any of the competent authorities concerned considers that additional information and documentation is required as referred to in the second subparagraph, point 3 of Article 4, it shall request such information and documentation from the notifier and inform the other competent authorities of such request. This shall be done within three working days of receipt of the notification. In such cases the competent authorities concerned shall have three working days following the receipt of the information and documentation requested in which to inform the competent authority of destination.
2.When the competent authority of destination considers that the notification has been properly completed, as described in the second subparagraph, point 3 of Article 4, it shall send an acknowledgement to the notifier and copies to the other competent authorities concerned. This shall be done within three working days of receipt of the properly completed notification.
3.If, within 30 days of receipt of the notification, the competent authority of destination has not acknowledged the notification as required under paragraph 2, it shall provide the notifier, upon his/her request, with a reasoned explanation.
1.The competent authorities of destination, dispatch and transit shall have 30 days following the date of transmission of the acknowledgement by the competent authority of destination in accordance with Article 8 in which to take one of the following duly reasoned decisions in writing as regards the notified shipment:
(a)consent without conditions;
(b)consent with conditions in accordance with Article 10; or
(c)objections in accordance with Articles 11 and 12.
Tacit consent by the competent authority of transit may be assumed if no objection is lodged within the said 30-day time limit.
2.The competent authorities of destination, dispatch and, where appropriate, transit shall transmit their decision and the reasons therefor to the notifier in writing within the 30-day time limit referred to in paragraph 1, with copies to the other competent authorities concerned.
3.The competent authorities of destination, dispatch and, where appropriate, transit shall signify their written consent by appropriately stamping, signing and dating the notification document or their copies thereof.
4.A written consent to a planned shipment shall expire one calendar year after it is issued or on such later date as is indicated in the notification document. However, this shall not apply if a shorter period is indicated by the competent authorities concerned.
5.Tacit consent to a planned shipment shall expire one calendar year after the expiry of the 30-day time limit referred to in paragraph 1.
6.The planned shipment may take place only after fulfilment of the requirements of Article 16(a) and (b) and during the period of validity of the tacit or written consents of all competent authorities.
7.The recovery or disposal of waste in relation to a planned shipment shall be completed no later than one calendar year from the receipt of the waste by the facility, unless a shorter period is indicated by the competent authorities concerned.
8.The competent authorities concerned shall withdraw their consent when they have knowledge that:
(a)the composition of the waste is not as notified; or
(b)the conditions imposed on the shipment are not respected; or
(c)the waste is not recovered or disposed of in compliance with the permit of the facility that performs the said operation; or
(d)the waste is to be, or has been, shipped, recovered or disposed of in a way that is not in accordance with the information supplied on, or annexed to, the notification and movement documents.
9.Any withdrawal of consent shall be transmitted by means of official notice to the notifier with copies to the other competent authorities concerned and to the consignee.
1.The competent authorities of dispatch, destination and transit may, within 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8, lay down conditions in connection with their consent to a notified shipment. Such conditions may be based on one or more of the reasons specified in either Article 11 or Article 12.
2.The competent authorities of dispatch, destination and transit may also, within the 30-day time limit referred to in paragraph 1, lay down conditions in respect of the transport of waste within their jurisdiction. Such transport conditions shall not be more stringent than those laid down in respect of similar shipments occurring wholly within their jurisdiction and shall take due account of existing agreements, in particular relevant international agreements.
3.The competent authorities of dispatch, destination and transit may also, within the 30-day time limit referred to in paragraph 1, lay down a condition that their consent is to be considered withdrawn if the financial guarantee or equivalent insurance is not applicable at the latest when the notified shipment starts, as required by Article 6(3).
4.Conditions shall be transmitted to the notifier in writing by the competent authority that lays them down, with copies to the competent authorities concerned.
Conditions shall be supplied on, or annexed to, the notification document by the relevant competent authority.
5.The competent authority of destination may also, within the 30-day time limit referred to in paragraph 1, lay down a condition that the facility which receives the waste shall keep a regular record of inputs, outputs and/or balances for wastes and the related recovery or disposal operations as contained in the notification, and for the period of validity of the notification. Such records shall be signed by a person legally responsible for the facility and be sent to the competent authority of destination within one month of completion of the notified recovery or disposal operation.
1.Where a notification is submitted regarding a planned shipment of waste destined for disposal, the competent authorities of destination and dispatch may, within 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8, raise reasoned objections based on one or more of the following grounds F44...:
(a)that the planned shipment or disposal would not be in accordance with measures taken to implement [F45Article 4(2)(b) and (d) and (9)(a) of the Basel Convention], to prohibit generally or partially or to object systematically to shipments of waste; or
(b)that the planned shipment or disposal would not be in accordance with national legislation relating to environmental protection, public order, public safety or health protection concerning actions taking place in the objecting country; or
(c)that the notifier or the consignee has previously been convicted of illegal shipment or some other illegal act in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; or
(d)that the notifier or the facility has repeatedly failed to comply with Articles 15 and 16 in connection with past shipments; or
(e)that the [F46country of destination] wishes to exercise its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous waste or of waste listed in Annex II to that Convention; or
(f)that the planned shipment or disposal conflicts with obligations resulting from international conventions concluded by the [F47objecting country]; or
[F48(g)that the planned shipment or disposal is not, while taking into account geographical circumstances or the need for specialised installations for certain types of waste, in accordance with—
(ithe UK Plan within the meaning given by regulation 11A of the Transfrontier Shipment of Waste Regulations 2007; or
(iia plan established under Article 28 of Directive 2008/98/EC as amended from time to time;
(h)that the waste will be treated—
(iin a relevant facility in the United Kingdom which does not apply best available techniques within the meaning given by Article 3(10) of Directive 2010/75/EU in compliance with the permit of the facility; or
(iiin an installation within the meaning given by Article 3(3) of Directive 2010/75/EU as amended from time to time in an EU country which does not apply the best available techniques within the meaning given by Article 3(10) of that Directive in compliance with the permit of the installation;]
(i)that the waste is mixed municipal waste collected from private households (waste entry 20 03 01); or
(j)that the waste concerned will not be treated in accordance with legally binding environmental protection standards in relation to disposal operations established in F49... legislation (also in cases where temporary derogations are granted).
[F501A.In paragraph (1)(h), “relevant facility” means—
(a)in relation to England and Wales, a “Part A installation” within the meaning of regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;
(b)in relation to Northern Ireland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(c)in relation to Scotland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012.]
2.The competent authority(ies) of transit may, within the 30-day time limit referred to in paragraph 1, raise reasoned objections based only on paragraph 1(b), (c), (d) and (f).
3.In the case of hazardous waste produced in [F51the country] of dispatch in such a small quantity overall per year that the provision of new specialised disposal installations within that [F52country] would be uneconomic, paragraph 1(a) shall not apply.
The competent authority of destination shall cooperate with the competent authority of dispatch which considers that this paragraph and not paragraph 1(a) should apply, with a view to resolving the issue bilaterally.
F53...
4.If, within the 30-day time limit referred to in paragraph 1, the competent authorities consider that the problems which gave rise to their objections have been resolved, they shall immediately inform the notifier in writing, with copies to the consignee and to the other competent authorities concerned.
5.If the problems giving rise to the objections have not been resolved within the 30-day time limit referred to in paragraph 1, the notification shall cease to be valid. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.
F546.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F44Words in Art. 11(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F45Words in Art. 11(1)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F46Words in Art. 11(1)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F47Words in Art. 11(1)(f) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F48Art. 11(1)(g)(h) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F49Word in Art. 11(1)(j) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F50Art. 11(1A) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(3); 2020 c. 1, Sch. 5 para. 1(1)
F51Words in Art. 11(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(4)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F52Word in Art. 11(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(4)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F53Words in Art. 11(3) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F54Art. 11(6) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 52(5); 2020 c. 1, Sch. 5 para. 1(1)
1.Where a notification is submitted regarding a planned shipment of waste destined for recovery, the competent authorities of destination and dispatch may, within 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8, raise reasoned objections based on one or more of the following grounds F55...:
F56(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)that the planned shipment or recovery would not be in accordance with national legislation relating to environmental protection, public order, public safety or health protection concerning actions taking place in the objecting country; or
(c)that the planned shipment or recovery would not be in accordance with national legislation in the country of dispatch relating to the recovery of waste, including where the planned shipment would concern waste destined for recovery in a facility which has lower treatment standards for the particular waste than those of the country of dispatchF57...;
This shall not apply if:
F58(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)the recovery operation in the country of destination takes place under conditions that are broadly equivalent to those prescribed in the national legislation of the country of dispatch,
F59(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)that the notifier or the consignee has previously been convicted of illegal shipment or some other illegal act in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; or
(e)that the notifier or the facility has repeatedly failed to comply with Articles 15 and 16 in connection with past shipments; or
(f)that the planned shipment or recovery conflicts with obligations resulting from international conventions concluded by the [F60objecting country]; or
(g)that the ratio of the recoverable and non-recoverable waste, the estimated value of the materials to be finally recovered or the cost of the recovery and the cost of the disposal of the non-recoverable fraction do not justify the recovery, having regard to economic and/or environmental considerations; or
(h)that the waste shipped is destined for disposal and not for recovery; or
[F61(i)that the waste will be treated—
(i)in a relevant facility in the United Kingdom which does not apply best available techniques within the meaning given by Article 3(10) of Directive 2010/75/EU in compliance with the permit of the facility; or
(ii)in an installation within the meaning given by Article 3(3) of Directive 2010/75/EU as amended from time to time in an EU country which does not apply the best available techniques within the meaning given by Article 3(10) of that Directive in compliance with the permit of the installation;]
(j)that the waste concerned will not be treated in accordance with legally binding environmental protection standards in relation to recovery operations, or legally binding recovery or recycling obligations established in F62... legislation (also in cases where temporary derogations are granted); or
[F63(k)that the waste concerned will not be treated in accordance with a plan established under the relevant regulations or Article 28 of Directive 2008/98/EC as amended from time to time.]
[F641A.In paragraph 1—
“relevant facility” has the meaning given by Article 11(1A);
“relevant regulations” means—
in relation to England and Wales, the Waste (England and Wales) Regulations 2011;
in relation to Northern Ireland, the Waste Regulations (Northern Ireland) 2011;
in relation to Scotland, the National Waste Management Plan for Scotland Regulations 2007.]
2.The competent authority(ies) of transit may, within the 30-day time limit referred to in paragraph 1, raise reasoned objections to the planned shipment based only on paragraph 1(b), (d), (e) and (f).
3.If, within the 30-day time limit referred to in paragraph 1, the competent authorities consider that the problems which gave rise to their objections have been resolved, they shall immediately inform the notifier in writing, with copies to the consignee and to the other competent authorities concerned.
4.If the problems giving rise to the objections are not resolved within the 30-day time limit referred to in paragraph 1, the notification shall cease to be valid. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.
5.Objections F65... in accordance with paragraph 1(c) shall be reported by [F66the competent authority to the Secretary of State].
F676.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F55Words in Art. 12(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F56Art. 12(1)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F57Words in Art. 12(1)(c) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F58Art. 12(1)(c)(i) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F59Art. 12(1)(c)(iii) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F60Words in Art. 12(1)(f) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F61Art. 12(1)(i) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F62Word in Art. 12(1)(j) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(f); 2020 c. 1, Sch. 5 para. 1(1)
F63Art. 12(1)(k) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(2)(g); 2020 c. 1, Sch. 5 para. 1(1)
F64Art. 12(1A) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(3); 2020 c. 1, Sch. 5 para. 1(1)
F65Words in Art. 12(5) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F66Words in Art. 12(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F67Art. 12(6) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 53(5); 2020 c. 1, Sch. 5 para. 1(1)
1.The notifier may submit a general notification to cover several shipments if, in the case of each shipment:
(a)the waste has essentially similar physical and chemical characteristics; and
(b)the waste is shipped to the same consignee and the same facility; and
(c)the route of the shipment as indicated in the notification document is the same.
2.If, owing to unforeseen circumstances, the same route cannot be followed, the notifier shall inform the competent authorities concerned as soon as possible and, if possible, before the shipment starts if the need for modification is already known.
Where the route modification is known before the shipment starts and involves competent authorities other than those concerned by the general notification, the general notification may not be used and a new notification shall be submitted.
3.The competent authorities concerned may make their agreement to the use of a general notification subject to the subsequent provision of additional information and documentation, in accordance with the second subparagraph, points 2 and 3 of Article 4.
1.The competent authorities of destination which have jurisdiction over specific recovery facilities may decide to issue pre-consents to such facilities.
Such decisions shall be limited to a specific period and may be revoked at any time.
2.In the case of a general notification submitted in accordance with Article 13, the period of validity of the consent referred to in Article 9(4) and (5) may be extended to up to three years by the competent authority of destination in agreement with the other competent authorities concerned.
3.Competent authorities which decide to issue a pre-consent to a facility in accordance with paragraphs 1 and 2 shall [F68, where appropriate, inform], the OECD Secretariat of:
(a)the name, registration number and address of the recovery facility;
(b)the description of technologies employed, including R-code(s);
(c)the wastes as listed in Annexes IV and IVA or the wastes to which the decision applies;
(d)the total pre-consented quantity;
(e)the period of validity;
(f)any change in the pre-consent;
(g)any change in the information notified; and
(h)any revocation of the pre-consent.
For this purpose the form set out in Annex VI shall be used.
4.By way of derogation from Articles 9, 10 and 12, the consent given in accordance with Article 9, conditions imposed in accordance with Article 10 or objections raised in accordance with Article 12 by the competent authorities concerned shall be subject to a time limit of seven working days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8.
5.Notwithstanding paragraph 4, the competent authority of dispatch may decide that more time is needed in order to receive further information or documentation from the notifier.
In such cases, the competent authority shall, within seven working days, inform the notifier in writing with copies to the other competent authorities concerned.
The total time needed shall not exceed 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8.
Textual Amendments
F68Words in Art. 14(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 54; 2020 c. 1, Sch. 5 para. 1(1)
Shipments of waste destined for interim recovery or disposal operations shall be subject to the following additional provisions:
Where a shipment of waste is destined for an interim recovery or disposal operation, all the facilities where subsequent interim as well as non-interim recovery and disposal operations are envisaged shall also be indicated in the notification document in addition to the initial interim recovery or disposal operation.
The competent authorities of dispatch and destination may give their consent to a shipment of waste destined for an interim recovery or disposal operation only if there are no grounds for objection, in accordance with Articles 11 or 12, to the shipment(s) of waste to the facilities performing any subsequent interim or non-interim recovery or disposal operations.
Within three days of the receipt of the waste by the facility which carries out this interim recovery or disposal operation, that facility shall provide confirmation in writing that the waste has been received.
This confirmation shall be supplied on, or annexed to, the movement document. The said facility shall send signed copies of the movement document containing this confirmation to the notifier and to the competent authorities concerned.
As soon as possible, but no later than 30 days after completion of the interim recovery or disposal operation, and no later than one calendar year, or a shorter period in accordance with Article 9(7), following the receipt of the waste, the facility carrying out this operation shall, under its responsibility, certify that the interim recovery or disposal has been completed.
This certificate shall be contained in, or annexed to, the movement document.
The said facility shall send signed copies of the movement document containing this certificate to the notifier and to the competent authorities concerned.
When a recovery or disposal facility which carries out an interim recovery or disposal operation delivers the waste for any subsequent interim or non-interim recovery or disposal operation to a facility located in the country of destination, it shall obtain as soon as possible but no later than one calendar year following delivery of the waste, or a shorter period in accordance with Article 9(7), a certificate from that facility that the subsequent non-interim recovery or disposal operation has been completed.
The said facility that carries out an interim recovery or disposal operation shall promptly transmit the relevant certificate(s) to the notifier and the competent authorities concerned, identifying the shipment(s) to which the certificate(s) pertain.
When a delivery as described in subparagraph (e) is made to a facility respectively located:
in the initial country of dispatch F69..., a new notification shall be required in accordance with the provisions of this Title, or
in a third country, a new notification shall be required in accordance with the provisions of this Regulation, with the addition that the provisions concerning the competent authorities concerned shall also apply to the initial competent authority of the initial country of dispatch.
Textual Amendments
F69Words in Art. 15(f)(i) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 55; 2020 c. 1, Sch. 5 para. 1(1)
After consent has been given to a notified shipment by the competent authorities involved, all undertakings involved shall complete the movement document, or, in the case of a general notification, the movement documents at the points indicated, sign it or them and retain a copy or copies. The following requirements shall be fulfilled:
Completion of the movement document by the notifier: once the notifier has received consent from the competent authorities of dispatch, destination and transit or, in relation to the competent authority of transit, can assume tacit consent, he/she shall insert the actual date of shipment and otherwise complete the movement document to the extent possible.
Prior information regarding actual start of shipment: the notifier shall send signed copies of the then completed movement document, as described in point (a), to the competent authorities concerned and to the consignee at least three working days before the shipment starts.
Documents to accompany each transport: the notifier shall retain a copy of the movement document. The movement document and copies of the notification document containing the written consents and the conditions of the competent authorities concerned shall accompany each transport. The movement document shall be retained by the facility which receives the waste.
Written confirmation of receipt of the waste by the facility: within three days of receipt of the waste, the facility shall provide confirmation in writing that the waste has been received.
This confirmation shall be contained in, or annexed to, the movement document.
The facility shall send signed copies of the movement document containing this confirmation to the notifier and to the competent authorities concerned.
Certificate for non-interim recovery or disposal by the facility: as soon as possible, but no later than 30 days after completion of the non-interim recovery or disposal operation, and no later than one calendar year, or a shorter period in accordance with Article 9(7), following receipt of the waste, the facility carrying out the operation shall, under its responsibility, certify that the non-interim recovery or disposal has been completed.
This certificate shall be contained in, or annexed to, the movement document.
The facility shall send signed copies of the movement document containing this certificate to the notifier and to the competent authorities concerned.
1.If any essential change is made to the details and/or conditions of the consented shipment, including changes in the intended quantity, route, routing, date of shipment or carrier, the notifier shall inform the competent authorities concerned and the consignee immediately and, where possible, before the shipment starts.
2.In such cases a new notification shall be submitted, unless all the competent authorities concerned consider that the proposed changes do not require a new notification.
3.Where such changes involve competent authorities other than those concerned in the original notification, a new notification shall be submitted.
1.Waste as referred to in Article 3(2) and (4) that is intended to be shipped shall be subject to the following procedural requirements:
(a)In order to assist the tracking of shipments of such waste, the person under the jurisdiction of the country of dispatch who arranges the shipment shall ensure that the waste is accompanied by the document contained in Annex VII.
(b)The document contained in Annex VII shall be signed by the person who arranges the shipment before the shipment takes place and shall be signed by the recovery facility or the laboratory and the consignee when the waste in question is received.
2.The contract referred to in Annex VII between the person who arranges the shipment and the consignee for recovery of the waste shall be effective when the shipment starts and shall include an obligation, where the shipment of waste or its recovery cannot be completed as intended or where it has been effected as an illegal shipment, on the person who arranges the shipment or, where that person is not in a position to complete the shipment of waste or its recovery (for example, is insolvent), on the consignee, to:
(a)take the waste back or ensure its recovery in an alternative way; and
(b)provide, if necessary, for its storage in the meantime.
The person who arranges the shipment or the consignee shall provide a copy of the contract upon request by the competent authority concerned.
3.For inspection, enforcement, planning and statistical purposes, [F70the competent authority in the United Kingdom] may in accordance with national legislation require information as referred to in paragraph 1 on shipments covered by this Article.
4.The information referred to in paragraph 1 shall be treated as confidential where this is required F71... national legislation.
Textual Amendments
F70Words in Art. 18(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 56(2); 2020 c. 1, Sch. 5 para. 1(1)
F71Words in Art. 18(4) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 56(3); 2020 c. 1, Sch. 5 para. 1(1)
From the start of the shipment to the receipt in a recovery or disposal facility, waste, as specified on the notification document or as referred to in Article 18, shall not be mixed with other waste.
1.All documents sent to or by the competent authorities in relation to a notified shipment shall be kept F72... for at least three years from the date when the shipment starts, by the competent authorities, the notifier, the consignee and the facility which receives the waste.
2.Information given pursuant to Article 18(1) shall be kept F73... for at least three years from the date when the shipment starts, by the person who arranges for the shipment, the consignee and the facility which receives the waste.
Textual Amendments
F72Words in Art. 20(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 57(2); 2020 c. 1, Sch. 5 para. 1(1)
F73Words in Art. 20(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 57(3); 2020 c. 1, Sch. 5 para. 1(1)
[F74A competent authority] of dispatch or destination may make publicly available by appropriate means, such as the Internet, information on notifications of shipments [F75it has] consented to, where such information is not confidential under national F76... legislation.
Textual Amendments
F74Words in Art. 21 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 58(a); 2020 c. 1, Sch. 5 para. 1(1)
F75Words in Art. 21 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 58(b); 2020 c. 1, Sch. 5 para. 1(1)
F76Words in Art. 21 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 58(c); 2020 c. 1, Sch. 5 para. 1(1)
1.Where any of the competent authorities concerned becomes aware that a shipment of waste, including its recovery or disposal, cannot be completed as intended in accordance with the terms of the notification and movement documents and/or contract referred to in the second subparagraph, point 4 of Article 4 and in Article 5, it shall immediately inform the competent authority of dispatch. Where a recovery or disposal facility rejects a shipment received, it shall immediately inform the competent authority of destination.
2.The competent authority of dispatch shall ensure that, except in cases referred to in paragraph 3, the waste in question is taken back to its area of jurisdiction or elsewhere within the country of dispatch by the notifier as identified in accordance with the ranking established in point 15 of Article 2, or, if impracticable, by that competent authority itself or by a natural or legal person on its behalf.
This shall take place within 90 days, or such other period as may be agreed between the competent authorities concerned, after the competent authority of dispatch becomes aware or has been advised in writing by the competent authorities of destination or transit that the consented shipment of waste or its recovery or disposal cannot be completed and has been informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.
3.The take-back obligation in paragraph 2 shall not apply if the competent authorities of dispatch, transit and destination involved in disposing of or recovering the waste are satisfied that the waste can be recovered or disposed of in an alternative way in the country of destination or elsewhere by the notifier or, if impracticable, by the competent authority of dispatch or by a natural or legal person on its behalf.
The take-back obligation in paragraph 2 shall not apply if the waste shipped has, in the course of the operation at the facility concerned, been irreversibly mixed with other waste before a competent authority concerned has become aware of the fact that the notified shipment cannot be completed as referred to in paragraph 1. Such mixture shall be recovered or disposed of in an alternative way in accordance with the first subparagraph.
4.In cases of take-back as referred to in paragraph 2, a new notification shall be submitted, unless the competent authorities concerned agree that a duly reasoned request by the initial competent authority of dispatch is sufficient.
A new notification, where appropriate, shall be submitted by the initial notifier or, if impracticable, by any other natural or legal persons identified in accordance with point 15 of Article 2, or, if impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf.
No competent authority shall oppose or object to the return of waste from a shipment that cannot be completed or to the related recovery and disposal operation.
5.In cases of alternative arrangements outside the initial country of destination as referred to in paragraph 3, a new notification, where appropriate, shall be submitted by the initial notifier or, if impracticable, by any other natural or legal persons identified in accordance with point 15 of Article 2, or, if impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf.
When such a new notification is submitted by the notifier, this notification shall also be submitted to the competent authority of the initial country of dispatch.
6.In cases of alternative arrangements in the initial country of destination as referred to in paragraph 3, a new notification shall not be required and a duly reasoned request shall suffice. Such a duly reasoned request, seeking agreement to the alternative arrangement, shall be transmitted to the competent authority of destination and dispatch by the initial notifier or, if impracticable, to the competent authority of destination by the initial competent authority of dispatch.
7.If no new notification is to be submitted in accordance with paragraphs 4 or 6, a new movement document shall be completed in accordance with Article 15 or Article 16 by the initial notifier or, if impracticable, by any other natural or legal persons identified in accordance with point 15 of Article 2, or, if impracticable, by the initial competent authority of dispatch or by a natural or legal person on its behalf.
If a new notification is submitted by the initial competent authority of dispatch in accordance with paragraphs 4 or 5, a new financial guarantee or equivalent insurance shall not be required.
8.The obligation of the notifier and the subsidiary obligation of the country of dispatch to take the waste back or arrange for alternative recovery or disposal shall end when the facility issues the certificate of non-interim recovery or disposal as referred to in Article 16(e) or, where appropriate, in Article 15(e). In the cases of interim recovery or disposal referred to in Article 6(6), the subsidiary obligation of the country of dispatch shall end when the facility issues the certificate referred to in Article 15(d).
If a facility issues a certificate of recovery or disposal in such a way as to result in an illegal shipment, with the consequence that the financial guarantee is released, Article 24(3) and Article 25(2) shall apply.
9.Where waste from a shipment which cannot be completed, including its recovery or disposal, is discovered F77..., the competent authority with jurisdiction over the area where the waste was discovered shall be responsible for ensuring that arrangements are made for the safe storage of the waste pending its return or non-interim recovery or disposal in an alternative way.
Textual Amendments
F77Words in Art. 22(9) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 59; 2020 c. 1, Sch. 5 para. 1(1)
1.Costs arising from the return of waste from a shipment that cannot be completed, including costs of its transport, recovery or disposal pursuant to Article 22(2) or (3) and, from the date on which the competent authority of dispatch becomes aware that a shipment of waste or its recovery or disposal cannot be completed, storage costs pursuant to Article 22(9) shall be charged:
(a)to the notifier as identified in accordance with the ranking established in point 15 of Article 2; or, if impracticable;
(b)to other natural or legal persons as appropriate; or, if impracticable;
(c)to the competent authority of dispatch; or, if impracticable;
(d)as otherwise agreed between the competent authorities concerned.
2.This Article shall be without prejudice to F78... national provisions concerning liability.
Textual Amendments
F78Words in Art. 23(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 60; 2020 c. 1, Sch. 5 para. 1(1)
1.Where a competent authority discovers a shipment that it considers to be an illegal shipment, it shall immediately inform the other competent authorities concerned.
2.If an illegal shipment is the responsibility of the notifier, the competent authority of dispatch shall ensure that the waste in question is:
(a)taken back by the notifier de facto; or, if no notification has been submitted;
(b)taken back by the notifier de jure; or, if impracticable;
(c)taken back by the competent authority of dispatch itself or by a natural or legal person on its behalf; or, if impracticable;
(d)alternatively recovered or disposed of in the country of destination or dispatch by the competent authority of dispatch itself or by a natural or legal person on its behalf; or, if impracticable;
(e)alternatively recovered or disposed of in another country by the competent authority of dispatch itself or by a natural or legal person on its behalf if all the competent authorities concerned agree.
This take-back, recovery or disposal shall take place within 30 days, or such other period as may be agreed between the competent authorities concerned after the competent authority of dispatch becomes aware of or has been advised in writing by the competent authorities of destination or transit of the illegal shipment and informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of destination or transit, inter alia, by other competent authorities.
In cases of take-back as referred to in (a), (b) and (c), a new notification shall be submitted, unless the competent authorities concerned agree that a duly reasoned request by the initial competent authority of dispatch is sufficient.
The new notification shall be submitted by the person or authority listed in (a), (b) or (c) and in accordance with that order.
No competent authority shall oppose or object to the return of waste of an illegal shipment. In the case of alternative arrangements as referred to in (d) and (e) by the competent authority of dispatch, a new notification shall be submitted by the initial competent authority of dispatch or by a natural or legal person on its behalf unless the competent authorities concerned agree that a duly reasoned request by that authority is sufficient.
3.If an illegal shipment is the responsibility of the consignee the competent authority of destination shall ensure that the waste in question is recovered or disposed of in an environmentally sound manner:
(a)by the consignee; or, if impracticable,
(b)by the competent authority itself or by a natural or legal person on its behalf.
This recovery or disposal shall take place within 30 days, or such other period as may be agreed between the competent authorities concerned after the competent authority of destination becomes aware of or has been advised in writing by the competent authorities of dispatch or transit of the illegal shipment and informed of the reason(s) therefor. Such advice may result from information submitted to the competent authorities of dispatch and transit, inter alia, by other competent authorities.
To this end, the competent authorities concerned shall cooperate, as necessary, in the recovery or disposal of the waste.
4.If no new notification is to be submitted, a new movement document shall be completed in accordance with Article 15 or 16 by the person responsible for take-back or, if impracticable, by the initial competent authority of dispatch.
If a new notification is submitted by the initial competent authority of dispatch, a new financial guarantee or equivalent insurance shall not be required.
5.In particular in cases where responsibility for the illegal shipment cannot be imputed to either the notifier or the consignee, the competent authorities concerned shall cooperate to ensure that the waste in question is recovered or disposed of.
6.In the cases of interim recovery or disposal referred to in Article 6(6) where an illegal shipment is discovered after completion of the interim recovery or disposal operation, the subsidiary obligation of the country of dispatch to take the waste back or arrange for alternative recovery or disposal shall end when the facility has issued the certificate referred to in Article 15(d).
If a facility issues a certificate of recovery or disposal in such a way as to result in an illegal shipment, with the consequence that the financial guarantee is released, paragraph 3 and Article 25(2) shall apply.
7.Where the waste of an illegal shipment is discovered F79..., the competent authority with jurisdiction over the area where the waste was discovered shall be responsible for ensuring that arrangements are made for the safe storage of the waste pending its return or non-interim recovery or disposal in an alternative way.
8.Articles 34 and 36 shall not apply in cases where illegal shipments are returned to the country of dispatch and that country of dispatch is a country covered by the prohibitions set out in those Articles.
9.In the case of an illegal shipment as defined in point 35(g) of Article 2, the person who arranges the shipment shall be subject to the same obligations established in this Article as the notifier.
10.This Article shall be without prejudice to F80... national provisions concerning liability.
Textual Amendments
F79Words in Art. 24(7) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 61(2); 2020 c. 1, Sch. 5 para. 1(1)
F80Words in Art. 24(10) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 61(3); 2020 c. 1, Sch. 5 para. 1(1)
1.Costs arising from the take-back of waste of an illegal shipment, including costs of its transport, recovery or disposal pursuant to Article 24(2) and, from the date on which the competent authority of dispatch becomes aware that a shipment is illegal, storage costs pursuant to Article 24(7), shall be charged to:
(a)the notifier de facto, as identified in accordance with the ranking established in point 15 of Article 2; or, if no notification has been submitted;
(b)the notifier de jure or other natural or legal persons as appropriate; or, if impracticable;
(c)the competent authority of dispatch.
2.Costs arising from recovery or disposal pursuant to Article 24(3), including possible transport and storage costs pursuant to Article 24(7), shall be charged to:
(a)the consignee; or, if impracticable;
(b)the competent authority of destination.
3.Costs arising from recovery or disposal pursuant to Article 24(5), including possible transport and storage costs pursuant to Article 24(7), shall be charged to:
(a)the notifier, as identified in accordance with the ranking established in point 15 of Article 2, and/or the consignee, depending upon the decision by the competent authorities involved; or, if impracticable,
(b)other natural or legal persons as appropriate; or, if impracticable,
(c)the competent authorities of dispatch and destination.
4.In the case of an illegal shipment as defined in point 35(g) of Article 2, the person who arranges the shipment shall be subject to the same obligations established in this Article as the notifier.
5.This Article shall be without prejudice to F81... national provisions concerning liability.
Textual Amendments
F81Words in Art. 25(5) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 62; 2020 c. 1, Sch. 5 para. 1(1)
1.The information and documents listed below may be submitted by post:
(a)notification of a planned shipment pursuant to Articles 4 and 13;
(b)request for information and documentation pursuant to Articles 4, 7 and 8;
(c)submission of information and documentation pursuant to Articles 4, 7 and 8;
(d)written consent to a notified shipment pursuant to Article 9;
(e)conditions for a shipment pursuant to Article 10;
(f)objections to a shipment pursuant to Articles 11 and 12;
(g)information on decisions to issue pre-consents to specific recovery facilities pursuant to Article 14(3);
(h)written confirmation of receipt of the waste pursuant to Articles 15 and 16;
(i)certificate for recovery or disposal of the waste pursuant to Articles 15 and 16;
(j)prior information regarding actual start of the shipment pursuant to Article 16;
(k)information on changes in the shipment after consent pursuant to Article 17; and
(l)written consents and movement documents to be sent pursuant to Titles IV, V and VI.
2.Subject to the agreement of the competent authorities concerned and the notifier, the documents referred to in paragraph 1 may alternatively be submitted using any of the following methods of communication:
(a)by fax; or
(b)by fax followed by post; or
(c)by e-mail with digital signature. In this case, any stamp or signature required shall be replaced by the digital signature; or
(d)by e-mail without digital signature followed by post.
3.The documents to accompany each transport in accordance with Article 16(c) and Article 18 may be in an electronic form with digital signatures if they can be made readable at any time during the transport and if this is acceptable to the competent authorities concerned.
[F364. Subject to the agreement of the competent authorities concerned and of the notifier, the information and documents listed in paragraph 1 may be submitted and exchanged by means of electronic data interchange with electronic signature or electronic authentication in accordance with [F82Regulation (EU) No 910/2014], or a comparable electronic authentication system which provides the same level of security.
[F835.The Secretary of State may, if the condition in paragraph 6 is met, make regulations setting out the technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information with a view to facilitating the implementation of paragraph 4.
6.The condition is that the Secretary of State—
(a)has taken into consideration any relevant international standards, and
(b)is satisfied that the requirements set out in the regulations are in conformity with Regulation (EU) No 910/2014 or provide at least the same level of security as provided for under that Regulation.]]
Textual Amendments
F36Substituted 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.
F82Words in Art. 26(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 63; 2020 c. 1, Sch. 5 para. 1(1)
F83Art. 26(5)(6) substituted for words in Art. 26(4) (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(2); 2020 c. 1, Sch. 5 para. 1(1)
1.Any notification, information, documentation or other communication submitted pursuant to the provisions of this Title shall be supplied in a language acceptable to the competent authorities concerned.
2.The notifier shall provide the competent authorities concerned with authorised translation(s) into a language which is acceptable to them, should they so request.
1.If the competent authorities of dispatch and of destination cannot agree on the classification as regards the distinction between waste and non-waste, the subject matter shall be treated as if it were waste. This shall be without prejudice to the right of the country of destination to deal with the shipped material in accordance with its national legislation, following arrival of the shipped material and where such legislation is in accordance with [F84retained EU] or international law.
2.If the competent authorities of dispatch and of destination cannot agree on the classification of the notified waste as being listed in Annex III, IIIA, IIIB or IV, the waste shall be regarded as listed in Annex IV.
3.If the competent authorities of dispatch and destination cannot agree on the classification of the waste treatment operation notified as being recovery or disposal, the provisions regarding disposal shall apply.
4.Paragraphs 1 to 3 shall apply only for the purposes of this Regulation, and shall be without prejudice to rights of interested parties to resolve any dispute related to these questions before a court of law or tribunal.
Textual Amendments
F84Words in Art. 28(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 64; 2020 c. 1, Sch. 5 para. 1(1)
Appropriate and proportionate administrative costs of implementing the notification and supervision procedures and usual costs of appropriate analyses and inspections may be charged to the notifier.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F85Art. 30 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 65; 2020 c. 1, Sch. 5 para. 1(1)
Where a shipment of waste takes place within the [F87United Kingdom] with transit via one or more third countries, and the waste is destined for disposal, the competent authority of dispatch shall, in addition to the provisions of this Title, ask the competent authority in the third countries whether it wishes to send its written consent to the planned shipment:
in the case of Parties to the Basel Convention, within 60 days, unless it has waived this right in accordance with the terms of that Convention; or
in the case of countries not Parties to the Basel Convention, within a period agreed between the competent authorities.
Textual Amendments
F87Words in Art. 31 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 67; 2020 c. 1, Sch. 5 para. 1(1)
1.When a shipment of waste takes place within the [F88United Kingdom] with transit via one or more [F89non-EU] countries to which the OECD Decision does not apply, and the waste is destined for recovery, Article 31 shall apply.
2.When a shipment of waste takes place within the [F90United Kingdom,] with transit via one or more [F91non-EU] countries to which the OECD Decision applies, and the waste is destined for recovery, the consent referred to in Article 9 may be provided tacitly, and if no objection has been lodged or no conditions have been specified, the shipment may start 30 days after the date of transmission of the acknowledgement by the competent authority of destination in accordance with Article 8.
Textual Amendments
F88Words in Art. 32(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 68(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F89Word in Art. 32(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 68(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F90Words in Art. 32(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 68(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F91Word in Art. 32(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 68(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F86Words in Title 2 Ch. 6 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 66; 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F38Words in Title 2 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 49; 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F92Title 3 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 69; 2020 c. 1, Sch. 5 para. 1(1)
1.All exports of waste from the [F95United Kingdom] destined for disposal shall be prohibited.
2.The prohibition in paragraph 1 shall not apply to exports of waste destined for disposal in [F96EU or] EFTA countries which are also Parties to the Basel Convention.
3.However, exports of waste for disposal to an EFTA country Party to the Basel Convention shall also be prohibited:
(a)where the EFTA country prohibits imports of such waste; or
(b)if the competent authority of dispatch has reason to believe that the waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of destination concerned.
4.This provision shall be without prejudice to the take-back obligations as laid down in Articles 22 and 24.
[F975.Where a person proposes to export waste destined for disposal in an EU or EFTA country, the Secretary of State shall be required to present a prior duly reasoned request to the competent authority of the EU or EFTA country of destination on the basis that technical capacity and the necessary facilities in order to dispose of the waste in an environmentally sound manner do not exist, or cannot reasonably be acquired, in the United Kingdom.]
Textual Amendments
F94Words in Art. 34 heading substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 71(2); 2020 c. 1, Sch. 5 para. 1(1)
F95Words in Art. 34(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 71(3); 2020 c. 1, Sch. 5 para. 1(1)
F96Words in Art. 34(2) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 71(4); 2020 c. 1, Sch. 5 para. 1(1)
1.Where waste is exported from the [F99United Kingdom] and destined for disposal in [F100EU or] EFTA countries Parties to the Basel Convention, the provisions of Title II shall apply F101..., with the adaptations and additions listed in paragraphs 2 and 3.
2.[F102Where waste is exported with transit via one or more non-EU countries, the] following adaptations shall apply:
(a)the competent authority of transit outside the [F103United Kingdom] 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)the competent authority of dispatch in the [F104United Kingdom] shall take the decision to consent to the shipment as referred to in Article 9 only after having received written consent from the competent authority of destination and, where appropriate, the tacit or written consent of the competent authority of transit F105..., and not earlier than 61 days following the date of transmission of the acknowledgement by the competent authority of transit. The competent authority of dispatch may take the decision before the conclusion of the 61-day time limit if it has the written consent of the other competent authorities concerned.
3.The following additional provisions shall apply:
F106(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F106(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e)if, 42 days after the waste has left the [F107United Kingdom], the competent authority of dispatch F108... has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination; and
(f)[F109where waste is destined for disposal in an EFTA country Party to the Basel Convention,] the contract referred to in the second subparagraph, point 4 of Article 4 and in Article 5 shall stipulate that:
if a facility issues an incorrect certificate of disposal with the consequence that the financial guarantee is released, the consignee shall bear the costs arising from the duty to return the waste to the area of jurisdiction of the competent authority of dispatch and from its recovery or disposal in an alternative and environmentally sound manner,
within three days of receipt of the waste for disposal, the facility shall send signed copies of the completed movement document, except for the certificate of disposal referred to in subpoint iii, to the notifier and the competent authorities concerned, and
as soon as possible but no later than 30 days after completion of disposal, and no later than one calendar year following the receipt of the waste the facility shall, under its responsibility, certify that the disposal has been completed and shall send signed copies of the movement document containing this certification to the notifier and to the competent authorities concerned.
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 F110... 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.
5.Where waste is [F111destined for disposal in an EFTA country Party to the Basel Convention], it shall be destined for disposal operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
[F1126.If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—
(a)where the dispatch of the waste was not in the area of the relevant authority, without delay inform the competent authority of dispatch; and
(b)ensure detention of the waste until the competent authority of dispatch has decided otherwise and, where the discovery is not in the area of the competent authority of dispatch, has communicated that decision in writing to the relevant authority.
7.In paragraph 6—
“general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;
“relevant authority” means—
where the discovery occurs in England or the English area, the Environment Agency;
where the discovery occurs in Wales or the Welsh area, the Natural Resources Body for Wales;
where the discovery occurs in Scotland or the Scottish area, the Scottish Environment Protection Agency;
where the discovery occurs in Northern Ireland or the Northern Irish area, the Department of Agriculture, Environment and Rural Affairs,
and “English area”, “Welsh area”, “Scottish area” and “Northern Irish area” have the meanings given by regulation 4(1) of the Transfrontier Shipment of Waste Regulations 2007.]
Textual Amendments
F98Words in Art. 35 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(2); 2020 c. 1, Sch. 5 para. 1(1)
F99Words in Art. 35(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F100Words in Art. 35(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F101Words in Art. 35(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F102Words in Art. 35(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F103Words in Art. 35(2)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F104Words in Art. 35(2)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(4)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F105Words in Art. 35(2)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(4)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F106Art. 35(3)(a)-(d) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F107Words in Art. 35(3)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F108Words in Art. 35(3)(e) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F109Words in Art. 35(3)(f) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F110Words in Art. 35(4)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(6); 2020 c. 1, Sch. 5 para. 1(1)
F111Words in Art. 35(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(7); 2020 c. 1, Sch. 5 para. 1(1)
F112Art. 35(6)(7) substituted for Art. 35(6) (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 72(8); 2020 c. 1, Sch. 5 para. 1(1)
1.Exports from the [F114United Kingdom] of the following wastes destined for recovery in [F115non-EU countries] to which the OECD Decision does not apply are prohibited:
(a)wastes listed as hazardous in Annex V;
(b)wastes listed in Annex V, Part 3;
(c)hazardous wastes not classified under one single entry in Annex V;
(d)mixtures of hazardous wastes and mixtures of hazardous wastes with non-hazardous wastes not classified under one single entry in Annex V;
(e)wastes that the country of destination has notified to be hazardous under Article 3 of the Basel Convention;
(f)wastes the import of which has been prohibited by the country of destination; or
(g)wastes which the competent authority of dispatch has reason to believe will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of destination concerned.
2.This provision shall be without prejudice to the take-back obligations as set out in Articles 22 and 24.
3.[F116A competent authority may, in an exceptional case, adopt a procedure] to determine, on the basis of documentary evidence provided in an appropriate way by the notifier, that a specific hazardous waste listed in Annex V is excluded from the export prohibition if it does not display any of the properties listed in Annex III to Directive [F1172008/98/EC], taking into account, as regards the properties H3 to H8, H10 and H11 defined in that Annex, the limit values laid down in Commission Decision 2000/532/EC F118....
4.The fact that waste is not listed as hazardous in Annex V, or that it is listed in Annex V, Part 1, List B, shall not preclude, in exceptional cases, characterisation of such waste as hazardous and therefore subject to the export prohibition if it displays any of the properties listed in Annex III to Directive [F1192008/98/EC], taking into account, as regards the properties H3 to H8, H10 and H11 defined in that Annex, the limit values laid down in Commission Decision 2000/532/EC, as provided for in [F120Articles 3(2) and 7 of Directive 2008/98/EC] and in the introductory paragraph of Annex III to this Regulation.
5.In the cases referred to in paragraphs 3 and 4, the [F121competent authority] shall inform the envisaged country of destination prior to taking a decision. [F122The competent authority shall notify any case to the Secretary of State] before the end of each calendar year. The [F123Secretary of State] shall forward the information F124... to the Secretariat of the Basel Convention. On the basis of the information provided, the [F125Secretary of State] may make comments and, where appropriate, [F126amend] Annex V in accordance with Article 58.
[F1276.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]
Textual Amendments
F114Words in Art. 36(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F115Words in Art. 36(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F116Words in Art. 36(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F117Word in Art. 36(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F118Words in Art. 36(3) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F119Word in Art. 36(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F120Words in Art. 36(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F121Words in Art. 36(5) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F122Words in Art. 36(5) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F123Words in Art. 36(5) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F124Words in Art. 36(5) omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F125Words in Art. 36(5) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(3)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
F126Word in Art. 36(5) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(3)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
1.In the case of waste which is listed in Annex III or IIIA and the export of which is not prohibited under Article 36, the [F128Secretary of State may], send a written request to each [F129non-EU] country to which the OECD Decision does not apply, seeking:
confirmation in writing that the waste may be exported from the [F130United Kingdom] for recovery in that country, and
an indication as to which control procedure, if any, would be followed in the country of destination.
Each [F131non-EU] country to which the OECD Decision does not apply shall be given the following options:
a prohibition; or
a procedure of prior written notification and consent as described in Article 35; or
no control in the country of destination.
2.[F132The Secretary of State may, by regulations, amend Commission Regulation (EC) No 1418/2007 in order to take into account any replies received pursuant to paragraph 1 on or after exit day.]
If a country has not issued a confirmation as referred to in paragraph 1 or if a country for any reason has not been contacted, paragraph 1(b) shall apply.
F133...
3.If a country indicates in its reply that certain shipments of waste are not subject to any control, Article 18 shall apply mutatis mutandis to such shipments.
4.Where waste is exported, it shall be destined for recovery operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
5.In the case of a shipment of waste not classified under one single entry in Annex III or a shipment of mixtures of wastes not classified under one single entry in Annex III or IIIA or a shipment of waste classified in Annex IIIB, and provided that the export is not prohibited pursuant to Article 36, paragraph 1(b) of this Article shall apply.
[F1346.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]
Textual Amendments
F128Words in Art. 37(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F129Word in Art. 37(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F130Words in Art. 37(1)(i) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F131Word in Art. 37(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F132Words in Art. 37(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F133Words in Art. 37(2) omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F113Word in Title 4, Ch. 2, s. 1 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 73; 2020 c. 1, Sch. 5 para. 1(1)
1.Where waste listed in Annexes III, IIIA, IIIB, IV and IVA, waste not classified or mixtures of wastes not classified under one single entry in either Annex III, IV or IVA are exported from the [F136United Kingdom] and destined for recovery in [F137an EU country or country] to which the OECD Decision applies, with or without transit through [F138one or more EU countries or] countries to which the OECD Decision applies, the provisions of Title II shall apply F139..., with the adaptations and additions listed in paragraphs 2, 3 and 5.
2.[F140Except where waste is destined for recovery in an EU country, the] following adaptations shall apply:
(a)mixtures of wastes listed in Annex IIIA destined for an interim operation shall be subject to the procedure of prior written notification and consent if any subsequent interim or non-interim recovery or disposal operation is to take place in a [F141non-EU] country to which the OECD Decision does not apply;
(b)waste listed in Annex IIIB shall be subject to the procedure of prior written notification and consent;
(c)the consent as required in accordance with Article 9 may be provided in the form of tacit consent from the competent authority of destination F142....
3.As regards exports of waste listed in Annexes IV and IVA, the following additional provisions shall apply:
F143(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F143(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F143(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)if, 42 days after the waste has left [F144the United Kingdom], the competent authority of dispatch in [F144the United Kingdom] has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination; and
(e)[F145except where waste is destined for recovery in an EU country,] the contract referred to in the second subparagraph, point 4 of Article 4 and in Article 5 shall stipulate that:
if a facility issues an incorrect certificate of recovery with the consequence that the financial guarantee is released, the consignee shall bear the costs arising from the duty to return the waste to the area of jurisdiction of the competent authority of dispatch and from its recovery or disposal in an alternative and environmentally sound manner,
within three days of receipt of the waste for recovery, the facility shall send signed copies of the completed movement document, except for the certificate of recovery referred to in subpoint iii, to the notifier and the competent authorities concerned, and
as soon as possible but no later than 30 days after completion of recovery, and no later than one calendar year following the receipt of the waste the facility shall, under its responsibility, certify that the recovery has been completed and shall send signed copies of the movement document containing this certification to the notifier and to the competent authorities concerned.
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 or, if tacit consent from the competent [F146authority of destination in any non-EU country or tacit consent from the competent authority of transit in any country] is provided or can be assumed and if the conditions laid down are met;
(b)Article 35(4)(b), (c) and (d) is complied with.
5.If an export as described in paragraph 1 of waste listed in Annexes IV and IVA is in transit through a [F147non-EU] country to which the OECD Decision does not apply, the following adaptations shall apply:
(a)the competent authority of transit F148... 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)the competent authority of dispatch F149... shall take the decision to consent to the shipment as referred to in Article 9 only after having received tacit or written consent from that competent authority of transit F150..., and not earlier than 61 days following the date of transmission of the acknowledgement of the competent authority of transit. The competent authority of dispatch may take the decision before the conclusion of the 61-day time limit if it has the written consent of the other competent authorities concerned.
6.[F151Except where waste is destined for recovery in an EU country], it shall be destined for recovery operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
[F1527.If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—
(a)where the dispatch of the waste was not in the area of the relevant authority, without delay inform the competent authority of dispatch; and
(b)ensure detention of the waste until the competent authority of dispatch has decided otherwise and, where the discovery is not in the area of the competent authority of dispatch, has communicated that decision in writing to the relevant authority.
8.In paragraph 7—
“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).
9.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]
Textual Amendments
F136Words in Art. 38(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F137Words in Art. 38(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F138Words in Art. 38(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F139Words in Art. 38(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F140Words in Art. 38(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F141Word in Art. 38(2)(a) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F142Words in Art. 38(2)(c) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F143Art. 38(3)(a)-(c) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F144Words in Art. 38(3)(d) substituted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F145Words in Art. 38(3)(e) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F146Words in Art. 38(4)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(5); 2020 c. 1, Sch. 5 para. 1(1)
F147Word in Art. 38(5) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F148Words in Art. 38(5)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F149Words in Art. 38(5)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(6)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F150Words in Art. 38(5)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(6)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F151Words in Art. 38(6) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(7); 2020 c. 1, Sch. 5 para. 1(1)
F152Art. 38(7)-(9) substituted for Art. 38(7) (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 77(8); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F135Words in Title 4, Ch. 2, s. 2 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 76; 2020 c. 1, Sch. 5 para. 1(1)
Exports of waste from the [F153United Kingdom] to the Antarctic shall be prohibited.
Textual Amendments
F153Words in Art. 39 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 78; 2020 c. 1, Sch. 5 para. 1(1)
1.Exports from the [F154United Kingdom] of waste destined for disposal in overseas countries or territories shall be prohibited.
2.As regards exports of waste destined for recovery in overseas countries or territories, the prohibition set out in Article 36 shall apply F155....
3.As regards exports of waste destined for recovery in overseas countries or territories not covered by the prohibition set out in paragraph 2, the provisions of Title II shall apply mutatis mutandis.
Textual Amendments
F154Words in Art. 40(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 79(2); 2020 c. 1, Sch. 5 para. 1(1)
F155Words in Art. 40(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 79(3); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F93Words in Title 4 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 70; 2020 c. 1, Sch. 5 para. 1(1)
1.Imports into the [F157United Kingdom] of waste destined for disposal shall be prohibited except those from:
(a)countries which are Parties to the Basel Convention; or
(b)other countries with which the [F158United Kingdom has] concluded bilateral or multilateral agreements or arrangements compatible with [F159retained EU law] and in accordance with Article 11 of the Basel Convention; or
(c)other countries with which [F160the United Kingdom has] concluded bilateral agreements or arrangements in accordance with paragraph 2; or
(d)other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act.
2.In exceptional cases, [F161the Secretary of State] may conclude bilateral agreements and arrangements for the disposal of specific waste in [F162the United Kingdom], where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.
These agreements and arrangements shall be compatible with [F163retained EU law] and in accordance with Article 11 of the Basel Convention.
These agreements and arrangements shall guarantee that the disposal operations will be carried out in an authorised facility and will comply with the requirements for environmentally sound management.
These agreements and arrangements shall also guarantee that the waste is produced in the country of dispatch and that disposal will be carried out exclusively in the [F164United Kingdom].
F165...
3.Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(b) and (c) shall be based upon the procedural requirements of Article 42.
4.The countries referred to in paragraph 1(a), (b) and (c) shall be required to present a prior duly reasoned request to the competent authority of F166... destination on the basis that they do not have and cannot reasonably acquire the technical capacity and the necessary facilities in order to dispose of the waste in an environmentally sound manner.
Textual Amendments
F157Words in Art. 41(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F158Words in Art. 41(1)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F159Words in Art. 41(1)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F160Words in Art. 41(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F161Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F162Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F163Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F164Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F165Words in Art. 41(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
F166Words in Art. 41(4) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(4); 2020 c. 1, Sch. 5 para. 1(1)
1.Where waste is imported into the [F167United Kingdom] and destined for disposal from countries Parties to the Basel Convention, the provisions of Title II shall apply F168..., with the adaptations and additions listed in [F169paragraph 2].
2.The following adaptations shall apply:
(a)the competent authority of transit [F170in 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.
F1713.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
[F1725.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
F167Words 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)
F168Words 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)
F169Words 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)
F170Words 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)
F171Art. 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)
F172Art. 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)
1.All imports into the [F173United Kingdom] of waste destined for recovery shall be prohibited except those from:
(a)countries to which the OECD Decision applies; or
(b)other countries which are Parties to the Basel Convention; or
(c)other countries with which the [F174United Kingdom has] concluded bilateral or multilateral agreements or arrangements compatible with [F175retained EU law] and in accordance with Article 11 of the Basel Convention; or
(d)other countries with which [F176the United Kingdom has] concluded bilateral agreements or arrangements in accordance with paragraph 2; or
[X2(e ) other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (c) or (d) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act.]
2.In exceptional cases, [F177the Secretary of State] may conclude bilateral agreements and arrangements for the recovery of specific waste in [F178the United Kingdom], where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.
In such cases Article 41(2) shall apply.
3.Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(c) and (d) shall be based upon the procedural requirements of Article 42 in so far as may be relevant.
Editorial Information
X2Substituted 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
F173Words in Art. 43(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F174Words in Art. 43(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F175Words in Art. 43(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F176Words in Art. 43(1)(d) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F177Words in Art. 43(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F178Words in Art. 43(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
1.Where waste destined for recovery is imported into the [F180United Kingdom] from [F181or through an EU country or country] to which the OECD Decision applies, the provisions of Title II shall apply F182..., with the adaptations and additions listed in [F183paragraph 2].
2.The following adaptations shall apply:
(a)the consent as required in accordance with Article 9 may be provided in the form of tacit consent from the competent authority of dispatch [F184in any non-EU country];
(b)[F185where waste is imported from a non-EU country to which the OECD Decision applies, with or without transit via another country,] prior written notification in accordance with Article 4 may be submitted by the notifier; and
(c)in the cases referred to in Article 43(1)(e) involving situations of crisis, peacemaking, peacekeeping or war, the consent of the competent authorities of dispatch shall not be required.
F1863.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 or if tacit consent from the competent authority of dispatch [F187in any non-EU country] is provided or can be assumed 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.
[F1885.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
F179Words in Art. 44 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(2); 2020 c. 1, Sch. 5 para. 1(1)
F180Words in Art. 44(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F181Words in Art. 44(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F182Words in Art. 44(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F183Words in Art. 44(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(d); 2020 c. 1, Sch. 5 para. 1(1)
F184Words in Art. 44(2)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F185Words in Art. 44(2)(b) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F186Art. 44(3) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(5); 2020 c. 1, Sch. 5 para. 1(1)
F187Words in Art. 44(4)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(6); 2020 c. 1, Sch. 5 para. 1(1)
F188Art. 44(5)(6) substituted for Art. 44(5) (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(7); 2020 c. 1, Sch. 5 para. 1(1)
Where waste destined for recovery is imported into the [F190United Kingdom]:
Article 42 shall apply mutatis mutandis.
Textual Amendments
F189Word in Art. 45 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(2); 2020 c. 1, Sch. 5 para. 1(1)
F190Words in Art. 45 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(3); 2020 c. 1, Sch. 5 para. 1(1)
F191Word in Art. 45(a) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(4); 2020 c. 1, Sch. 5 para. 1(1)
F192Word in Art. 45(b) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(5); 2020 c. 1, Sch. 5 para. 1(1)
1.Where waste is imported into the [F193United Kingdom] from overseas countries or territories, Title II shall apply F194....
2.One or more overseas countries and territories [F195listed in points (a) to (n) of Article 2(26) and the United Kingdom] may apply national procedures to shipments from the overseas country or territory to [F196the United Kingdom].
3.[F197Where paragraph 2 applies, the Secretary of State shall notify the Secretariat of the Basel Convention] of the national procedures applied.
Textual Amendments
F193Words in Art. 46(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F194Words in Art. 46(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F195Words in Art. 46(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F196Words in Art. 46(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F197Words in Art. 46(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(4); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F156Words in Title 5 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 80; 2020 c. 1, Sch. 5 para. 1(1)
Where waste destined for disposal is shipped through [F200the United Kingdom] from and to third countries, Article 42 shall apply mutatis mutandisF201...
F201(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F201(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F199Words in Art. 47 heading substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 88(2); 2020 c. 1, Sch. 5 para. 1(1)
F200Words in Art. 47 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 88(3); 2020 c. 1, Sch. 5 para. 1(1)
F201 Art. 47(a)(b) and words omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 88(4); 2020 c. 1, Sch. 5 para. 1(1)
1.Where waste destined for recovery is shipped through [F203the United Kingdom] from and to a [F204non-EU] country to which the OECD Decision does not apply, Article 47 shall apply mutatis mutandis.
2.Where waste destined for recovery is shipped through [F205the United Kingdom] from and to [F206an EU country or] a country to which the OECD Decision applies, Article 44 shall apply mutatis mutandisF207...
F207(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F207(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F2083.Where waste destined for recovery is shipped through the United Kingdom from a non-EU country to which the OECD Decision does not apply to an EU country or country to which the OECD Decision applies or vice versa, paragraph 1 shall apply as regards the non-EU country to which the OECD Decision does not apply and paragraph 2 shall apply as regards the EU country or country to which the OECD Decision applies.]
Textual Amendments
F202Words in Art. 48 heading substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 89(2); 2020 c. 1, Sch. 5 para. 1(1)
F203Words in Art. 48(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 89(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F204Word in Art. 48(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 89(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F205Words in Art. 48(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 89(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F206Words in Art. 48(2) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 89(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F207Art. 48(2)(a)(b) and words omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 89(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F208Art. 48(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 89(5); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F198Words in Title 6 heading substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 87; 2020 c. 1, Sch. 5 para. 1(1)
1.The producer, the notifier and other undertakings involved in a shipment of waste and/or its recovery or disposal shall take the necessary steps to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment and during its recovery and disposal. F209...
2.[F210In the case of an export from the United Kingdom to a non-EU country, the competent authority of dispatch in the United Kingdom shall]:
(a)require and endeavour to secure that any waste exported is managed in an environmentally sound manner throughout the period of shipment, including recovery as referred to in Articles 36 and 38 or disposal as referred to in Article 34, in the F211... country of destination;
(b)prohibit an export of waste F212... if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a).
Environmentally sound management may, inter alia, be assumed as regards the waste recovery or disposal operation concerned, if the notifier or the competent authority in the country of destination can demonstrate that the facility which receives the waste will be operated in accordance with human health and environmental protection standards that are broadly equivalent to standards established in [F213retained EU law].
This assumption shall, however, be without prejudice to the overall assessment of environmentally sound management throughout the period of shipment and including recovery or disposal in the F214... country of destination.
For the purposes of seeking guidance on environmentally sound management, the guidelines listed in Annex VIII may be considered.
3.[F215In the case of an import into the United Kingdom from a non-EU country, the competent authority of destination in the United Kingdom shall]:
(a)require and take the necessary steps to ensure that any waste shipped into its area of jurisdiction is managed without endangering human health and without using processes or methods which could harm the environmentF216... throughout the period of shipment, including recovery or disposal in the country of destination;
(b)prohibit an import of waste F217... if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a).
Textual Amendments
F209Words in Art. 49(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(2); 2020 c. 1, Sch. 5 para. 1(1)
F210Words in Art. 49(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F211Word in Art. 49(2)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F212Words in Art. 49(2)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F213Words in Art. 49(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F214Word in Art. 49(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
F215Words in Art. 49(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F216Words in Art. 49(3)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F217Words in Art. 49(3)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(4)(c); 2020 c. 1, Sch. 5 para. 1(1)
F2191.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F220 2 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F202a.[F221The Secretary of State shall ensure that, in respect of the United Kingdom, one or more plans are maintained, either separately or as a clearly defined part of other plans, for inspections carried out for the purposes of the enforcement of this Regulation (‘inspection plan’).] Inspection plans shall be based on a risk assessment covering specific waste streams and sources of illegal shipments and considering, if available and where appropriate, intelligence-based data such as data on investigations by police and customs authorities and analyses of criminal activities. That risk assessment shall aim, inter alia, to identify the minimum number of inspections required, including physical checks on establishments, undertakings, brokers, dealers and shipments of waste or on the related recovery or disposal. An inspection plan shall include the following elements:
(a) the objectives and priorities of the inspections, including a description of how those priorities have been identified;
(b) the geographical area covered by that inspection plan;
(c) information on planned inspections, including on physical checks;
(d) the tasks assigned to each authority involved in inspections;
(e) arrangements for cooperation between authorities involved in inspections;
(f) information on the training of inspectors on matters relating to inspections; and
(g) information on the human, financial and other resources for the implementation of that inspection plan.
An inspection plan shall be reviewed at least every three years and, where appropriate, updated. That review shall evaluate to which extent the objectives and other elements of that inspection plan have been implemented.]
[F363. Inspections of shipments may take place in particular:
(a) at the point of origin, carried out with the producer, holder or notifier;
(b) at the point of destination, including interim and non-interim recovery or disposal, carried out with the consignee or the facility;
(c) at the frontiers of the [F222United Kingdom]; and/or
(d) during the shipment within the [F222United Kingdom].]
[F364. Inspections of shipments shall include the verification of documents, the confirmation of identity and, where appropriate, physical checking of the waste.]
[F204a. In order to ascertain that a substance or object being carried by road, rail, air, sea or inland waterway is not waste, the authorities involved in inspections may, without prejudice to [F223the Waste Electrical and Electronic Equipment Regulations 2013], require the natural or legal person who is in possession of the substance or object concerned, or who arranges the carriage thereof, to submit documentary evidence:
(a) as to the origin and destination of the substance or object concerned; and
(b) that it is not waste, including, where appropriate, evidence of functionality.
For the purpose of the first subparagraph, the protection of the substance or object concerned against damage during transportation, loading and unloading, such as adequate packaging and appropriate stacking, shall also be ascertained.
4b. The authorities involved in inspections may conclude that the substance or object concerned is waste where:
the evidence referred to in paragraph 4a or required under other [F224retained EU law] to ascertain that a substance or object is not waste, has not been submitted within the period specified by them, or
they consider the evidence and information available to them to be insufficient to reach a conclusion, or they consider the protection provided against damage referred to in the second subparagraph of paragraph 4a to be insufficient.
In such circumstances, the carriage of the substance or object concerned or the shipment of waste concerned shall be considered as an illegal shipment. Consequently, it shall be dealt with in accordance with Articles 24 and 25 and the authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.
4c. In order to ascertain whether a shipment of waste complies with this Regulation, the authorities involved in inspections may require the notifier, the person who arranges the shipment, the holder, the carrier, the consignee and the facility that receives the waste to submit relevant documentary evidence to them within a period specified by them.
In order to ascertain whether a shipment of waste falling under the general information requirements of Article 18 is destined for recovery operations which are in accordance with Article 49, the authorities involved in inspections may require the person who arranges the shipment to submit relevant documentary evidence, provided by the interim and non-interim recovery facility and, if necessary, approved by the competent authority of destination.
4d. Where the evidence referred to in paragraph 4c has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment. Consequently, it shall be dealt with in accordance with Articles 24 and 25 and the authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.
[F225 4e. The Secretary of State may, by regulations, amend the correlation table in Commission Implementing Regulation (EU) 2016/1245 in order to—
(a)reflect changes to the combined nomenclature provided for in Council Regulation (EEC) No 2658/87;
(b)reflect changes to the entries of waste listed in Annexes 3, 3A, 3B, 4, 4A and 5;
(c)include any new waste-related codes of the Harmonised System Nomenclature that the World Customs Organisation may adopt.]]
[F2265. The competent authorities in the United Kingdom shall, where appropriate, cooperate, bilaterally and multilaterally, with the competent authorities of EU countries in order to—
(a)facilitate the prevention and detection of illegal shipments;
(b)exchange relevant information on shipments of waste, flows of waste, operators and facilities; and
(c)share experience and knowledge on enforcement measures, including the risk assessment carried out pursuant to paragraph 2a of this Article].
6.[F227Each competent authority in the United Kingdom] shall identify those members of [F228its] permanent staff responsible for the cooperation referred to in paragraph 5 and identify the focal point(s) for the physical checks referred to in paragraph 4. [F229The competent authority shall, before the end of each calendar year, send the information in writing to the Secretary of State. The Secretary of State shall then promptly send the information to the Secretariat of the Basel Convention.]
F2307.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F20Inserted 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.
F36Substituted 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.
F218Words in Art. 50 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(2); 2020 c. 1, Sch. 5 para. 1(1)
F219Art. 50(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(3); 2020 c. 1, Sch. 5 para. 1(1)
F220Art. 50(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(3); 2020 c. 1, Sch. 5 para. 1(1)
F221Words in Art. 50(2a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(4); 2020 c. 1, Sch. 5 para. 1(1)
F222Words in Art. 50(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(5); 2020 c. 1, Sch. 5 para. 1(1)
F223Words in Art. 50(4a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(6); 2020 c. 1, Sch. 5 para. 1(1)
F224Words in Art. 50(4b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(7); 2020 c. 1, Sch. 5 para. 1(1)
F225Art. 50(4e) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(5); 2020 c. 1, Sch. 5 para. 1(1)
F226Art. 50(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(8); 2020 c. 1, Sch. 5 para. 1(1)
F227Words in Art. 50(6) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(9)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F228Word in Art. 50(6) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(9)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F229Words in Art. 50(6) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(9)(b); 2020 c. 1, Sch. 5 para. 1(1)
F230Art. 50(7) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 91(10); 2020 c. 1, Sch. 5 para. 1(1)
1.The Secretary of State must, before the end of each calendar year—
(a)prepare the report for the previous calendar year referred to in Article 13(3) of the Basel Convention; and
(b)transmit the report to the Secretariat of the Basel Convention in accordance with that Article.
2. The Secretary of State must, before the end of each calendar year—
(a)prepare a further report for the previous calendar year based on the questionnaire and table in Annex 9; and
(b)publish the further report in a manner which the Secretary of State considers appropriate.]
Textual Amendments
F231Art. 51 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 92; 2020 c. 1, Sch. 5 para. 1(1)
[F232The United Kingdom], where appropriate and necessary F233..., shall cooperate with other Parties to the Basel Convention and inter-State organisations, inter alia, via the exchange and/or sharing of information, the promotion of environmentally sound technologies and the development of appropriate codes of good practice.
Textual Amendments
F232Words in Art. 52 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 93(a); 2020 c. 1, Sch. 5 para. 1(1)
F233Words in Art. 52 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 93(b); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F234Art. 53 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 94; 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F235Art. 54 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 94; 2020 c. 1, Sch. 5 para. 1(1)
The Secretary of State may designate places at which waste entering or leaving the United Kingdom is controlled. If the Secretary of State decides to designate such places, a shipment of waste must not be allowed to use any other places within the United Kingdom for the purposes of entering or leaving the United Kingdom.]
Textual Amendments
F236Art. 55 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 95; 2020 c. 1, Sch. 5 para. 1(1)
1.[F237The Secretary of State] shall notify the [F238Secretariat of the Basel Convention] of designations of:
(a)competent authoritiesF239...;
F240(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)where appropriate, [F241frontier crossing points, designated] pursuant to Article 55.
2.In relation to those designations, [F242the Secretary of State] shall notify the [F243Secretariat of the Basel Convention] of the following information:
(a)name(s);
(b)postal address(es);
(c)e-mail address(es);
(d)telephone number(s);
(e)fax number(s); and
(f)languages acceptable to the competent authorities.
3.[F244The Secretary of State] shall immediately notify [F245the Secretariat of the Basel Convention] of any changes in this information.
F2464.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.The [F247Secretary of State] shall publish on [F248a website maintained by the Secretary of State] lists of the [F249competent authorities in the United Kingdom and frontier crossing points designated pursuant to Article 55], and shall update these lists as appropriate.
Textual Amendments
F237Words in Art. 56(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F238Words in Art. 56(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F239Words in Art. 56(1)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F240Art. 56(1)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F241Words in Art. 56(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(2)(d); 2020 c. 1, Sch. 5 para. 1(1)
F242Words in Art. 56(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F243Words in Art. 56(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F244Words in Art. 56(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F245Words in Art. 56(3) substituted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
F246Art. 56(4) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(5); 2020 c. 1, Sch. 5 para. 1(1)
F247Words in Art. 56(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F248Words in Art. 56(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
F249Words in Art. 56(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 96(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F250Art. 57 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 97; 2020 c. 1, Sch. 5 para. 1(1)
1. The [F251Secretary of State may, by regulations,] amend the following:
(a) Annexes IA, IB, IC, II, III, IIIA, IIIB, IV, V, VI and VII to take account of changes agreed under the Basel Convention and the OECD Decision;
(b) Annex V to reflect [F252any amendments made to Commission Decision 2000/532/EC];
(c) Annex VIII to reflect decisions taken under relevant international conventions and agreements.]
Textual Amendments
F36Substituted 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.
F251Words in Art. 58(1) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
F252Words in Art. 58(1)(b) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F253Art. 58a omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 98; 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
1 .Regulations made under this Regulation are to be made by statutory instrument.
2 . A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
3.Such regulations may—
(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));
(b)make different provision for different purposes.]
Textual Amendments
F255Art. 59a substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(7); 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F256Art. 60 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 99; 2020 c. 1, Sch. 5 para. 1(1)
1.Regulation (EEC) No 259/93 and Decision 94/774/EC are hereby repealed with effect from 12 July 2007.
2.References made to the repealed Regulation (EEC) No 259/93 shall be construed as being made to this Regulation.
3.Decision 1999/412/EC is hereby repealed with effect from 1 January 2008.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F257Arts. 62-64 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 100; 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F257Arts. 62-64 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 100; 2020 c. 1, Sch. 5 para. 1(1)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F257Arts. 62-64 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 100; 2020 c. 1, Sch. 5 para. 1(1)
F258...
Textual Amendments
F258Words in Signature omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 101; 2020 c. 1, Sch. 5 para. 1(1)
Editorial Information
X3Substituted by Corrigendum to Commission Regulation (EC) No 1379/2007 of 26 November 2007 amending Annexes IA, IB, VII and VIII of Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste, for the purposes of taking into account of technical progress and changes agreed under the Basel Convention (Official Journal of the European Union L 309 of 27 November 2007).
Textual Amendments
F259Substituted by Commission Regulation (EC) No 1379/2007 of 26 November 2007 amending Annexes IA, IB, VII and VIII of Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste, for the purposes of taking account of technical progress and changes agreed under the Basel Convention (Text with EEA relevance).
Textual Amendments
Textual Amendments
F261Words in Annex 1C Pt. 1 point 2 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(2); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F262Word in Annex 1C Pt. 1 point 3 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(3); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F263Words in Annex 1C Pt. 2 point 6 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(2); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F264Words in Annex 1C Pt. 4 point 13 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(3); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F265Words in Annex 1C Pt. 4 point 15 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(4); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F266Words in Annex 1C Pt. 4 point 20 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(5); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F267Words in Annex 1C Pt. 4 point 21 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
[F268If the recovery or disposal facility is a relevant facility, evidence (e.g. a declaration certifying its existence) of a valid permit issued in accordance with the relevant regulations must be provided in an annex.
In this paragraph—
“relevant facility” means—
(a)in relation to England and Wales, a “Part A installation” within the meaning of regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;
(b)in relation to Northern Ireland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(c)in relation to Scotland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012;
“relevant regulations” means—
(a)in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;
(b)in relation to Northern Ireland, the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(c)in relation to Scotland, the Pollution Prevention and Control (Scotland) Regulations 2012.]
Textual Amendments
F268Words in Annex 1C Pt. 4 point 21 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F269Words in Annex 1C Pt. 4 point 22 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(6); 2020 c. 1, Sch. 5 para. 1(1)
F270Words in Annex 1C Pt. 4 point 22 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
F271Words in Annex 1C Pt. 4 point 22 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F272Words in Annex 1C Pt. 4 point 25(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(6)(a); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F273Words in Annex 1C Pt. 4 point 25(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(6)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F274Deleted by Commission Regulation (EU) No 255/2013 of 20 March 2013 amending, for the purposes of adaptation to scientific and technical progress, Annexes IC, VII and VIII to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (Text with EEA relevance).
[F275Such codes may be included in Annexes IIIA, IIIB or IVA of this Regulation. In that case, the Annex number should be stated in front of the codes. As regards Annex IIIA, the relevant code(s) as indicated in Annex IIIA should be used, as appropriate in sequence. Certain Basel entries such as B1100, B3010 and B3020 are restricted to particular waste streams only, as indicated in Annex IIIA.]
Textual Amendments
F275Inserted by Commission Regulation (EU) No 255/2013 of 20 March 2013 amending, for the purposes of adaptation to scientific and technical progress, Annexes IC, VII and VIII to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (Text with EEA relevance).
Textual Amendments
F277Words in Annex 1C Pt. 4 point 25(g) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(6)(c); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
Textual Amendments
F278Words in Annex 1C Pt. 4 point 26 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(7); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F279Words in Annex 1C Pt. 5 point 41 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(7); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F280Words in Annex 1C Pt. 5 point 44 inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(8); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F281Words in Annex 1C Pt. 5 point 47 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(9); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F282Words in Annex 1C Pt. 5 point 50 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 102(10); 2020 c. 1, Sch. 5 para. 1(1)
If the waste is destined for an interim recovery or disposal operation, similar information regarding all facilities where subsequent interim and non-interim recovery or disposal operations are envisaged shall be indicated.
If the recovery or disposal facility is listed in Annex I, Category 5 of Directive [F2832010/75/EU], evidence (e.g. a declaration certifying its existence) of a valid permit issued in accordance with [F284the relevant regulations] shall be provided.
[F285In the third subparagraph, “relevant regulations” means—
(a)in relation to England and Wales, the Environmental Permitting (England and Wales) Regulations 2016;
(b)in relation to Northern Ireland, the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;
(c)in relation to Scotland, the Pollution Prevention and Control (Scotland) Regulations 2012.]
Textual Amendments
F283Word in Annex 2 Pt. 1 point 5 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F284Words in Annex 2 Pt. 1 point 5 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F285Words in Annex 2 Pt. 1 point 5 inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F286Words in Annex 2 Pt.1 point 14 inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F287Words in Annex 2 Pt. 1 point 19 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
the planned method of disposal for the non-recoverable fraction after recovery;
the amount of recovered material in relation to non-recoverable waste;
the estimated value of the recovered material;
the cost of recovery and the cost of disposal of the non-recoverable fraction.
Supply all information listed in Part 1, updated in accordance with the points set out below, and the other additional information specified:
Serial and total number of shipments.
Date shipment started.
Means of transport.
Carrier's (carriers') name, address, telephone number, fax number and e-mail address.
Routing (point of exit from and entry into each country concerned, including [F288, where appropriate,] customs offices of entry into and/or exit from and/or export from the Community) and route (route between points of exit and entry), including possible alternatives, also in case of unforeseen circumstances.
Quantities.
Type of packaging.
Any special precautions to be taken by the carrier(s).
Declaration by the notifier that all necessary consents have been received from the competent authorities of the countries concerned. This declaration must be signed by the notifier.
Appropriate signatures for each custody transfer.
Textual Amendments
F288Words in Annex 2 Pt. 2 point 5 inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(3); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F289Words in Annex 2 point 2 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
Textual Amendments
F290Annex 2 Pt. 3 point. 2A inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 104(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
Regardless of whether or not wastes are included on this list, they may not be subject to the general information requirements laid down in Article 18 if they are contaminated by other materials to an extent which
(a)increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive [F2912008/98/EC]; or
(b)prevents the recovery of the wastes in an environmentally sound manner.
Textual Amendments
F291Word in Annex 3 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 105; 2020 c. 1, Sch. 5 para. 1(1)
The following wastes will be subject to the general information requirements laid down in Article 18:
Wastes listed in Annex IX to the Basel Convention(36).
[F292For the purposes of this Regulation:
(a)any reference to list A in Annex IX to the Basel Convention shall be understood as a reference to Annex IV to this Regulation;
(b)in Basel entry B1020, the term ‘bulk finished form’ includes all metallic non-dispersible (37) forms of the scrap listed therein;
(c)Basel entry B1030 shall read: ‘ Residues containing refractory metals ’ ;
(d)the part of Basel entry B1100 that refers to ‘ Slags from copper processing ’ etc., does not apply and (OECD) entry GB040 in Part II applies instead;
(e)Basel entry B1110 does not apply and (OECD) entries GC010 and GC020 in Part II apply instead;
(f)Basel entry B2050 does not apply and (OECD) entry GG040 in Part II applies instead;
(g)the reference in Basel entry B3010 to fluorinated polymer wastes shall be deemed to include polymers and co-polymers of fluorinated ethylene (PTFE).]
Textual Amendments
F292Substituted by Commission Regulation (EU) No 413/2010 of 12 May 2010 amending Annexes III, IV and V to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste so as to take account of changes adopted by OECD Council Decision C(2008) 156 (Text with EEA relevance).
The following wastes will also be subject to the general information requirements laid down in Article 18:
GB040 | 7112 262030 262090 | Slags from precious metals and copper processing for further refining |
GC010 | Electrical assemblies consisting only of metals or alloys | |
GC020 | Electronic scrap (e.g. printed circuit boards, electronic components, wire, etc.) and reclaimed electronic components suitable for base and precious metal recovery | |
GC030 | ex 890800 | Vessels and other floating structures for breaking up, properly emptied of any cargo and other materials arising from the operation of the vessel which may have been classified as a dangerous substance or waste |
GC050 | Spent fluid catalytic cracking (FCC) catalysts (e.g. aluminium oxide, zeolites) |
GE020 | ex 7001 ex 701939 | Glass fibre waste |
GF010 | Ceramic wastes which have been fired after shaping, including ceramic vessels (before and/or after use) |
GG030 | ex 2621 | Bottom ash and slag tap from coal fired power plants |
GG040 | ex 2621 | Coal fired power plants fly ash |
GH013 | 391530 ex 390410—40 | Polymers of vinyl chloride |
GN010 | ex 050200 | Waste of pigs', hogs' or boars' bristles and hair or of badger hair and other brush making hair |
GN020 | ex 050300 | Horsehair waste, whether or not put up as a layer with or without supporting material |
GN030 | ex 050590 | Waste of skins and other parts of birds, with their feathers or down, of feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation |
Textual Amendments
F293Substituted by Commission Regulation (EC) No 308/2009 of 15 April 2009 amending, for the purposes of adaptation to scientific and technical progress, Annexes IIIA and VI to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (Text with EEA relevance).
increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive [F2942008/98/EC]; or
prevents the recovery of the wastes in an environmentally sound manner.
Textual Amendments
F294Word in Annex 3A point 1(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 106; 2020 c. 1, Sch. 5 para. 1(1)
mixtures of wastes classified under Basel entries B1010 and B1050;
mixtures of wastes classified under Basel entries B1010 and B1070;
mixtures of wastes classified under Basel entries B3040 and B3080;
mixtures of wastes classified under (OECD) entry GB040 and under Basel entry B1100 restricted to hard zinc spelter, zinc-containing drosses, aluminium skimmings (or skims) excluding salt slag and wastes of refractory linings, including crucibles, originating from copper smelting;
mixtures of wastes classified under (OECD) entry GB040, under Basel entry B1070 and under Basel entry B1100 restricted to wastes of refractory linings, including crucibles, originating from copper smelting.
The entries referred to in points (d) and (e) shall not apply for exports to countries to which the OECD Decision does not apply.]
Textual Amendments
mixtures of wastes classified under Basel entry B1010;
mixtures of wastes classified under Basel entry B2010;
mixtures of wastes classified under Basel entry B2030;
mixtures of wastes classified under Basel entry B3010 and listed under Scrap plastic of non-halogenated polymers and copolymers ;
mixtures of wastes classified under Basel entry B3010 and listed under Cured waste resins or condensation products ;
mixtures of wastes classified under Basel entry B3010 and listed under Perfluoro alkoxyl alkane ;
mixtures of wastes classified under Basel entry B3020 restricted to unbleached paper or paperboard or of corrugated paper or paperboard, other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass, paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter);
mixtures of wastes classified under Basel entry B3030;
mixtures of wastes classified under Basel entry B3040;
mixtures of wastes classified under Basel entry B3050.]]
Textual Amendments
Textual Amendments
increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive 2008/98/EC F298... (38); or
prevents the recovery of the wastes in an environmentally sound manner.
Textual Amendments
F298Words in Annex 3B point 1(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 107; 2020 c. 1, Sch. 5 para. 1(1)
F299...
F299...
F299...
Composite packaging consisting of mainly paper and some plastic, not containing residues and not covered by Basel entry B3020
Clean biodegradable waste from agriculture, horticulture, forestry, gardens, parks and cemeteries
Textual Amendments
The following wastes will be subject to the procedure of prior written notification and consent:
Wastes listed in Annexes II and VIII to the Basel Convention(41).
For the purposes of this Regulation:
Any reference to list B in Annex VIII to the Basel Convention shall be understood as a reference to Annex III to this Regulation.
In Basel entry A1010, the term ‘excluding such wastes specifically listed on List B (Annex IX)’ is a reference both to Basel entry B1020 and the note on B1020 in Annex III to this Regulation, Part I(b).
Basel entries A1180 and A2060 do not apply and OECD entries GC010, GC020 and GG040 in Annex III, Part II apply instead when appropriate.
Basel entry A4050 includes spent potlinings from aluminium smelting because they contain Y33 inorganic cyanides. If the cyanides have been destroyed, spent potlinings are assigned to Part II entry AB120 because they contain Y32, inorganic fluorine compounds excluding calcium fluoride.
The following wastes will also be subject to the procedure of prior written notification and consent:
a This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere. | ||
[F292AA010 | 261900 | Dross, scalings and other wastes from the iron and steel industry] a |
AA060 | 262050 | Vanadium ashes and residuesa |
AA190 | 810420ex 810430 | Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities |
AB030 | Wastes from non-cyanide based systems which arise from surface treatment of metals | |
AB070 | Sands used in foundry operations | |
AB120 | ex 281290ex 3824 | Inorganic halide compounds, not elsewhere specified or included |
AB130 | Used blasting grit | |
AB150 | ex 382490 | Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD) |
AC060 | ex 381900 | Hydraulic fluids |
AC070 | ex 381900 | Brake fluids |
AC080 | ex 382000 | Antifreeze fluids |
AC150 | Chlorofluorocarbons | |
AC160 | Halons | |
AC170 | ex 440310 | Treated cork and wood wastes |
AC250 | Surface active agents (surfactants) | |
AC260 | ex 3101 | Liquid pig manure; faeces |
AC270 | Sewage sludge |
AD090 | ex 382490 | Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included |
AD100 | Wastes from non-cyanide based systems which arise from surface treatment of plastics | |
AD120 | ex 391400ex 3915 | Ion exchange resins |
AD150 | Naturally occurring organic material used as a filter medium (such as bio-filters) |
RB020 | ex 6815 | Ceramic based fibres of physico-chemical characteristics similar to those of asbestos |
Textual Amendments
F300Annex 5 point 1 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 108(a); 2020 c. 1, Sch. 5 para. 1(1)
Part 1 is divided into two sub-sections: List A lists wastes which are classified as hazardous by Article 1(1)(a) of the Basel Convention, and therefore covered by the export prohibition, and List B lists wastes which are not covered by Article 1(1)(a) of the Basel Convention, and therefore not covered by the export prohibition.
Thus, if a waste is listed in Part 1, a check must be made to ascertain whether it is listed in List A or in List B. Only if a waste is not listed in either List A or List B of Part 1, must a check be made to ascertain whether it is listed either among the hazardous waste listed in Part 2 (i.e. types of waste marked with an asterisk) or in Part 3, and if this is the case, it is covered by the export prohibition.
increases the risks associated with the waste sufficiently to render it appropriate for submission to the procedure of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III to Directive [F3012008/98/EC]; or
prevents the recovery of the waste in an environmentally sound manner.
Textual Amendments
F301Word in Annex 5 point 3(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 108(b); 2020 c. 1, Sch. 5 para. 1(1)
Antimony
Arsenic
Beryllium
Cadmium
Lead
Mercury
Selenium
Tellurium
Thallium
but excluding such wastes specifically listed on list B.
Antimony; antimony compounds
Beryllium; beryllium compounds
Cadmium; cadmium compounds
Lead; lead compounds
Selenium; selenium compounds
Tellurium; tellurium compounds
Arsenic; arsenic compounds
Mercury; mercury compounds
Thallium; thallium compounds
Metal carbonyls
Hexavalent chromium compounds
Inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic cyanides
Organic cyanides
any congenor of polychlorinated dibenzo-furan
[X4any congenor of polychlorinated dibenzo-p-dioxin]
Editorial Information
Precious metals (gold, silver, the platinum group, but not mercury)
Iron and steel scrap
Copper scrap
Nickel scrap
Aluminium scrap
Zinc scrap
Tin scrap
Tungsten scrap
Molybdenum scrap
Tantalum scrap
Magnesium scrap
Cobalt scrap
Bismuth scrap
Titanium scrap
Zirconium scrap
Manganese scrap
Germanium scrap
Vanadium scrap
Scrap of Hafnium, Indium, Niobium, Rhenium and Gallium
Thorium scrap
Rare earths scrap
Chromium scrap
Antimony scrap
Beryllium scrap
Cadmium scrap
Lead scrap (but excluding lead-acid batteries)
Selenium scrap
Tellurium scrap
Hard zinc spelter
Zinc-containing drosses:
Galvanising slab zinc top dross (>90 % Zn)
Galvanising slab zinc bottom dross (>92 % Zn)
Zinc die casting dross (>85 % Zn)
Hot dip galvanisers slab zinc dross (batch) (>92 % Zn)
Zinc skimmings
Aluminium skimmings (or skims) excluding salt slag
Slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to an extent that they exhibit Annex III hazard characteristics
Wastes of refractory linings, including crucibles, originating from copper smelting
Slags from precious metals processing for further refining
Tantalum bearing tin slags with less than 0,5 % tin
Electronic assemblies consisting only of metals or alloys
Waste electrical and electronic assemblies or scrap(52)(including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or not contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III (note the related entry on list A, A1180)
Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct re-use(53) and not for recycling or final disposal(54)
— | Transition Metals, excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A | Scandium Vanadium Manganese Cobalt Copper Yttrium Niobium Hafnium Tungsten | Titanium Chromium Iron Nickel Zinc Zirconium Molybdenum Tantalum Rhenium |
— | Lanthanides (rare earth metals): | Lanthanum Praseodymium Samarium Gadolinium Dysprosium Erbium Ytterbium | Cerium [X4Neodymium] Europium Terbium Holmium Thulium Lutetium |
Natural graphite waste
Slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise
Mica waste
Leucite, nepheline and nepheline syenite waste
Feldspar waste
Fluorspar waste
Silica wastes in solid form excluding those used in foundry operations
Cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses
Cermet wastes and scrap (metal ceramic composites)
Ceramic based fibres not elsewhere specified or included
Partially refined calcium sulphate produced from flue-gas desulphurisation (FGD)
Waste gypsum wallboard or plasterboard arising from the demolition of buildings
Slag from copper production, chemically stabilised, having a high iron content (above 20 %) and processed according to industrial specifications (e.g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications
Sulphur in solid form
Limestone from the production of calcium cyanamide (having a pH less than 9)
Sodium, potassium, calcium chlorides
Carborundum (silicon carbide)
Broken concrete
Lithium-Tantalum and Lithium-Niobium containing glass scraps
The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared to a specification:
Scrap plastic of non-halogenated polymers and copolymers, including but not limited to the following(56):
ethylene
styrene
polypropylene
polyethylene terephthalate
acrylonitrile
butadiene
polyacetals
polyamides
polybutylene terephthalate
polycarbonates
polyethers
polyphenylene sulphides
acrylic polymers
alkanes C10-C13 (plasticiser)
polyurethane (not containing CFCs)
polysiloxanes
polymethyl methacrylate
polyvinyl alcohol
polyvinyl butyral
polyvinyl acetate
Cured waste resins or condensation products including the following:
urea formaldehyde resins
phenol formaldehyde resins
melamine formaldehyde resins
expoxy resins
alkyd resins
polyamides
[X2The following fluorinated polymer wastes (57) :
perfluoroethylene/propylene (FEP)
perfluoro alkoxyl alkane
tetrafluoroethylene/per fluoro vinyl ether (PFA)
tetrafluoroethylene/per fluoro methylvinyl ether (MFA)
polyvinylfluoride (PVF)
polyvinylidenefluoride (PVDF)]
The following materials, provided they are not mixed with hazardous wastes:
Waste and scrap of paper or paperboard of:
unbleached paper or paperboard or of corrugated paper or paperboard
other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass
paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter)
other, including but not limited to
laminated paperboard;
unsorted scrap
Non-separable plastic fraction
Non-separable plastic-aluminium fraction
Textual Amendments
The following materials, provided they are not mixed with other wastes and are prepared to a specification:
Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock)
not carded or combed
other
Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock
noils of wool or of fine animal hair
other waste of wool or of fine animal hair
waste of coarse animal hair
Cotton waste (including yarn waste and garnetted stock)
yarn waste (including thread waste)
garnetted stock
other
Flax tow and waste
Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L.)
Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie)
Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave
Tow, noils and waste (including yarn waste and garnetted stock) of coconut
Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee)
Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not elsewhere specified or included
Waste (including noils, yarn waste and garnetted stock) of man-made fibres
of synthetic fibres
of artificial fibres
Worn clothing and other worn textile articles
Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile
sorted
other
The following materials, provided they are not mixed with other wastes:
Waste and scrap of hard rubber (e.g. ebonite)
Other rubber wastes (excluding such wastes specified elsewhere)
Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
Cork waste: crushed, granulated or ground cork
Wine lees
Dried and sterilised vegetable waste, residues and byproducts, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included
[X4Degras; residues resulting] from the treatment of fatty substances or animal or vegetable waxes
Waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised
Fish waste
Cocoa shells, husks, skins and other cocoa waste
Other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption
Waste of human hair
Waste straw
Deactivated fungus mycelium from penicillin production to be used as animal feed
Wastes listed in the Annex to Decision 2000/532/EC a
a Wastes marked with an asterisk are considered to be hazardous waste pursuant to Directive 2008/98/EC. When identifying a waste in the list below, the sections under ‘ definitions ’ , ‘ assessment and classification ’ and ‘ list of waste ’ in the Annex to Decision 2000/532/EC are relevant. | |
b Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous; mercury switches, glass from cathode ray tubes and other activated glass, etc. | |
c Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and marked as hazardous; mercury switches, glass from cathode ray tubes and other activated glass, etc. ] | |
01 | WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING, AND PHYSICAL AND CHEMICAL TREATMENT OF MINERALS |
01 01 | wastes from mineral excavation |
01 01 01 | wastes from mineral metalliferous excavation |
01 01 02 | wastes from mineral non-metalliferous excavation |
01 03 | wastes from physical and chemical processing of metalliferous minerals |
01 03 04 * | acid-generating tailings from processing of sulphide ore |
01 03 05 * | other tailings containing hazardous substances |
01 03 06 | tailings other than those mentioned in 01 03 04 and 01 03 05 |
01 03 07 * | other wastes containing hazardous substances from physical and chemical processing of metalliferous minerals |
01 03 08 | dusty and powdery wastes other than those mentioned in 01 03 07 |
01 03 09 | red mud from alumina production other than the wastes mentioned in 01 03 10 |
01 03 10 * | red mud from alumina production containing hazardous substances other than the wastes mentioned in 01 03 07 |
01 03 99 | wastes not otherwise specified |
01 04 | wastes from physical and chemical processing of non-metalliferous minerals |
01 04 07 * | wastes containing hazardous substances from physical and chemical processing of non-metalliferous minerals |
01 04 08 | waste gravel and crushed rocks other than those mentioned in 01 04 07 |
01 04 09 | waste sand and clays |
01 04 10 | dusty and powdery wastes other than those mentioned in 01 04 07 |
01 04 11 | wastes from potash and rock salt processing other than those mentioned in 01 04 07 |
01 04 12 | tailings and other wastes from washing and cleaning of minerals other than those mentioned in 01 04 07 and 01 04 11 |
01 04 13 | wastes from stone cutting and sawing other than those mentioned in 01 04 07 |
01 04 99 | wastes not otherwise specified |
01 05 | drilling muds and other drilling wastes |
01 05 04 | freshwater drilling muds and wastes |
01 05 05 * | oil-containing drilling muds and wastes |
01 05 06 * | drilling muds and other drilling wastes containing hazardous substances |
01 05 07 | barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 |
01 05 08 | chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06 |
01 05 99 | wastes not otherwise specified |
02 | WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE, FORESTRY, HUNTING AND FISHING, FOOD PREPARATION AND PROCESSING |
02 01 | wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing |
02 01 01 | sludges from washing and cleaning |
02 01 02 | animal-tissue waste |
02 01 03 | plant-tissue waste |
02 01 04 | waste plastics (except packaging) |
02 01 06 | animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-site |
02 01 07 | wastes from forestry |
02 01 08 * | agrochemical waste containing hazardous substances |
02 01 09 | agrochemical waste other than those mentioned in 02 01 08 |
02 01 10 | waste metal |
02 01 99 | wastes not otherwise specified |
02 02 | wastes from the preparation and processing of meat, fish and other foods of animal origin |
02 02 01 | sludges from washing and cleaning |
02 02 02 | animal-tissue waste |
02 02 03 | materials unsuitable for consumption or processing |
02 02 04 | sludges from on-site effluent treatment |
02 02 99 | wastes not otherwise specified |
02 03 | wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and processing; conserve production; yeast and yeast extract production, molasses preparation and fermentation |
02 03 01 | sludges from washing, cleaning, peeling, centrifuging and separation |
02 03 02 | wastes from preserving agents |
02 03 03 | wastes from solvent extraction |
02 03 04 | materials unsuitable for consumption or processing |
02 03 05 | sludges from on-site effluent treatment |
02 03 99 | wastes not otherwise specified |
02 04 | wastes from sugar processing |
02 04 01 | soil from cleaning and washing beet |
02 04 02 | off-specification calcium carbonate |
02 04 03 | sludges from on-site effluent treatment |
02 04 99 | wastes not otherwise specified |
02 05 | wastes from the dairy products industry |
02 05 01 | materials unsuitable for consumption or processing |
02 05 02 | sludges from on-site effluent treatment |
02 05 99 | wastes not otherwise specified |
02 06 | wastes from the baking and confectionery industry |
02 06 01 | materials unsuitable for consumption or processing |
02 06 02 | wastes from preserving agents |
02 06 03 | sludges from on-site effluent treatment |
02 06 99 | wastes not otherwise specified |
02 07 | wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa) |
02 07 01 | wastes from washing, cleaning and mechanical reduction of raw materials |
02 07 02 | wastes from spirits distillation |
02 07 03 | wastes from chemical treatment |
02 07 04 | materials unsuitable for consumption or processing |
02 07 05 | sludges from on-site effluent treatment |
02 07 99 | wastes not otherwise specified |
03 | WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PANELS AND FURNITURE, PULP, PAPER AND CARDBOARD |
03 01 | wastes from wood processing and the production of panels and furniture |
03 01 01 | waste bark and cork |
03 01 04 * | sawdust, shavings, cuttings, wood, particle board and veneer containing hazardous substances |
03 01 05 | sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04 |
03 01 99 | wastes not otherwise specified |
03 02 | wastes from wood preservation |
03 02 01 * | non-halogenated organic wood preservatives |
03 02 02 * | organochlorinated wood preservatives |
03 02 03 * | organometallic wood preservatives |
03 02 04 * | inorganic wood preservatives |
03 02 05 * | other wood preservatives containing hazardous substances |
03 02 99 | wood preservatives not otherwise specified |
03 03 | wastes from pulp, paper and cardboard production and processing |
03 03 01 | waste bark and wood |
03 03 02 | green liquor sludge (from recovery of cooking liquor) |
03 03 05 | de-inking sludges from paper recycling |
03 03 07 | mechanically separated rejects from pulping of waste paper and cardboard |
03 03 08 | wastes from sorting of paper and cardboard destined for recycling |
03 03 09 | lime mud waste |
03 03 10 | fibre rejects, fibre-, filler- and coating-sludges from mechanical separation |
03 03 11 | sludges from on-site effluent treatment other than those mentioned in 03 03 10 |
03 03 99 | wastes not otherwise specified |
04 | WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES |
04 01 | wastes from the leather and fur industry |
04 01 01 | fleshings and lime split wastes |
04 01 02 | liming waste |
04 01 03 * | degreasing wastes containing solvents without a liquid phase |
04 01 04 | tanning liquor containing chromium |
04 01 05 | tanning liquor free of chromium |
04 01 06 | sludges, in particular from on-site effluent treatment containing chromium |
04 01 07 | sludges, in particular from on-site effluent treatment free of chromium |
04 01 08 | waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium |
04 01 09 | wastes from dressing and finishing |
04 01 99 | wastes not otherwise specified |
04 02 | wastes from the textile industry |
04 02 09 | wastes from composite materials (impregnated textile, elastomer, plastomer) |
04 02 10 | organic matter from natural products (for example grease, wax) |
04 02 14 * | wastes from finishing containing organic solvents |
04 02 15 | wastes from finishing other than those mentioned in 04 02 14 |
04 02 16 * | dyestuffs and pigments containing hazardous substances |
04 02 17 | dyestuffs and pigments other than those mentioned in 04 02 16 |
04 02 19 * | sludges from on-site effluent treatment containing hazardous substances |
04 02 20 | sludges from on-site effluent treatment other than those mentioned in 04 02 19 |
04 02 21 | wastes from unprocessed textile fibres |
04 02 22 | wastes from processed textile fibres |
04 02 99 | wastes not otherwise specified |
05 | WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREATMENT OF COAL |
05 01 | wastes from petroleum refining |
05 01 02 * | desalter sludges |
05 01 03 * | tank bottom sludges |
05 01 04 * | acid alkyl sludges |
05 01 05 * | oil spills |
05 01 06 * | oily sludges from maintenance operations of the plant or equipment |
05 01 07 * | acid tars |
05 01 08 * | other tars |
05 01 09 * | sludges from on-site effluent treatment containing hazardous substances |
05 01 10 | sludges from on-site effluent treatment other than those mentioned in 05 01 09 |
05 01 11 * | wastes from cleaning of fuels with bases |
05 01 12 * | oil containing acids |
05 01 13 | boiler feedwater sludges |
05 01 14 | wastes from cooling columns |
05 01 15 * | spent filter clays |
05 01 16 | sulphur-containing wastes from petroleum desulphurisation |
05 01 17 | Bitumen |
05 01 99 | wastes not otherwise specified |
05 06 | wastes from the pyrolytic treatment of coal |
05 06 01 * | acid tars |
05 06 03 * | other tars |
05 06 04 | waste from cooling columns |
05 06 99 | wastes not otherwise specified |
05 07 | wastes from natural gas purification and transportation |
05 07 01 * | wastes containing mercury |
05 07 02 | wastes containing sulphur |
05 07 99 | wastes not otherwise specified |
06 | WASTES FROM INORGANIC CHEMICAL PROCESSES |
06 01 | wastes from the manufacture, formulation, supply and use (MFSU) of acids |
06 01 01 * | sulphuric acid and sulphurous acid |
06 01 02 * | hydrochloric acid |
06 01 03 * | hydrofluoric acid |
06 01 04 * | phosphoric and phosphorous acid |
06 01 05 * | nitric acid and nitrous acid |
06 01 06 * | other acids |
06 01 99 | wastes not otherwise specified |
06 02 | wastes from the MFSU of bases |
06 02 01 * | calcium hydroxide |
06 02 03 * | ammonium hydroxide |
06 02 04 * | sodium and potassium hydroxide |
06 02 05 * | other bases |
06 02 99 | wastes not otherwise specified |
06 03 | wastes from the MFSU of salts and their solutions and metallic oxides |
06 03 11 * | solid salts and solutions containing cyanides |
06 03 13 * | solid salts and solutions containing heavy metals |
06 03 14 | solid salts and solutions other than those mentioned in 06 03 11 and 06 03 13 |
06 03 15 * | metallic oxides containing heavy metals |
06 03 16 | metallic oxides other than those mentioned in 06 03 15 |
06 03 99 | wastes not otherwise specified |
06 04 | metal-containing wastes other than those mentioned in 06 03 |
06 04 03 * | wastes containing arsenic |
06 04 04 * | wastes containing mercury |
06 04 05 * | wastes containing other heavy metals |
06 04 99 | wastes not otherwise specified |
06 05 | sludges from on-site effluent treatment |
06 05 02 * | sludges from on-site effluent treatment containing hazardous substances |
06 05 03 | sludges from on-site effluent treatment other than those mentioned in 06 05 02 |
06 06 | wastes from the MFSU of sulphur chemicals, sulphur chemical processes and desulphurisation processes |
06 06 02 * | wastes containing hazardous sulphides |
06 06 03 | wastes containing sulphides other than those mentioned in 06 06 02 |
06 06 99 | wastes not otherwise specified |
06 07 | wastes from the MFSU of halogens and halogen chemical processes |
06 07 01 * | wastes containing asbestos from electrolysis |
06 07 02 * | activated carbon from chlorine production |
06 07 03 * | barium sulphate sludge containing mercury |
06 07 04 * | solutions and acids, for example contact acid |
06 07 99 | wastes not otherwise specified |
06 08 | wastes from the MFSU of silicon and silicon derivatives |
06 08 02 * | waste containing hazardous chlorosilanes |
06 08 99 | wastes not otherwise specified |
06 09 | wastes from the MSFU of phosphorous chemicals and phosphorous chemical processes |
06 09 02 | phosphorous slag |
06 09 03 * | calcium-based reaction wastes containing or contaminated with hazardous substances |
06 09 04 | calcium-based reaction wastes other than those mentioned in 06 09 03 |
06 09 99 | wastes not otherwise specified |
06 10 | wastes from the MFSU of nitrogen chemicals, nitrogen chemical processes and fertiliser manufacture |
06 10 02 * | wastes containing hazardous substances |
06 10 99 | wastes not otherwise specified |
06 11 | wastes from the manufacture of inorganic pigments and opacificiers |
06 11 01 | calcium-based reaction wastes from titanium dioxide production |
06 11 99 | wastes not otherwise specified |
06 13 | wastes from inorganic chemical processes not otherwise specified |
06 13 01 * | inorganic plant protection products, wood-preserving agents and other biocides. |
06 13 02 * | spent activated carbon (except 06 07 02 ) |
06 13 03 | carbon black |
06 13 04 * | wastes from asbestos processing |
06 13 05 * | Soot |
06 13 99 | wastes not otherwise specified |
07 | WASTES FROM ORGANIC CHEMICAL PROCESSES |
07 01 | wastes from the manufacture, formulation, supply and use (MFSU) of basic organic chemicals |
07 01 01 * | aqueous washing liquids and mother liquors |
07 01 03 * | organic halogenated solvents, washing liquids and mother liquors |
07 01 04 * | other organic solvents, washing liquids and mother liquors |
07 01 07 * | halogenated still bottoms and reaction residues |
07 01 08 * | other still bottoms and reaction residues |
07 01 09 * | halogenated filter cakes and spent absorbents |
07 01 10 * | other filter cakes and spent absorbents |
07 01 11 * | sludges from on-site effluent treatment containing hazardous substances |
07 01 12 | sludges from on-site effluent treatment other than those mentioned in 07 01 11 |
07 01 99 | wastes not otherwise specified |
07 02 | wastes from the MFSU of plastics, synthetic rubber and man-made fibres |
07 02 01 * | aqueous washing liquids and mother liquors |
07 02 03 * | organic halogenated solvents, washing liquids and mother liquors |
07 02 04 * | other organic solvents, washing liquids and mother liquors |
07 02 07 * | halogenated still bottoms and reaction residues |
07 02 08 * | other still bottoms and reaction residues |
07 02 09 * | halogenated filter cakes and spent absorbents |
07 02 10 * | other filter cakes and spent absorbents |
07 02 11 * | sludges from on-site effluent treatment containing hazardous substances |
07 02 12 | sludges from on-site effluent treatment other than those mentioned in 07 02 11 |
07 02 13 | waste plastic |
07 02 14 * | wastes from additives containing hazardous substances |
07 02 15 | wastes from additives other than those mentioned in 07 02 14 |
07 02 16 * | waste containing hazardous silicones |
07 02 17 | waste containing silicones other than those mentioned in 07 02 16 |
07 02 99 | wastes not otherwise specified |
07 03 | wastes from the MFSU of organic dyes and pigments (except 06 11 ) |
07 03 01 * | aqueous washing liquids and mother liquors |
07 03 03 * | organic halogenated solvents, washing liquids and mother liquors |
07 03 04 * | other organic solvents, washing liquids and mother liquors |
07 03 07 * | halogenated still bottoms and reaction residues |
07 03 08 * | other still bottoms and reaction residues |
07 03 09 * | halogenated filter cakes and spent absorbents |
07 03 10 * | other filter cakes and spent absorbents |
07 03 11 * | sludges from on-site effluent treatment containing hazardous substances |
07 03 12 | sludges from on-site effluent treatment other than those mentioned in 07 03 11 |
07 03 99 | wastes not otherwise specified |
07 04 | wastes from the MFSU of organic plant protection products (except 02 01 08 and 02 01 09 ), wood preserving agents (except 03 02 ) and other biocides |
07 04 01 * | aqueous washing liquids and mother liquors |
07 04 03 * | organic halogenated solvents, washing liquids and mother liquors |
07 04 04 * | other organic solvents, washing liquids and mother liquors |
07 04 07 * | halogenated still bottoms and reaction residues |
07 04 08 * | other still bottoms and reaction residues |
07 04 09 * | halogenated filter cakes and spent absorbents |
07 04 10 * | other filter cakes and spent absorbents |
07 04 11 * | sludges from on-site effluent treatment containing hazardous substances |
07 04 12 | sludges from on-site effluent treatment other than those mentioned in 07 04 11 |
07 04 13 * | solid wastes containing hazardous substances |
07 04 99 | wastes not otherwise specified |
07 05 | wastes from the MFSU of pharmaceuticals |
07 05 01 * | aqueous washing liquids and mother liquors |
07 05 03 * | organic halogenated solvents, washing liquids and mother liquors |
07 05 04 * | other organic solvents, washing liquids and mother liquors |
07 05 07 * | halogenated still bottoms and reaction residues |
07 05 08 * | other still bottoms and reaction residues |
07 05 09 * | halogenated filter cakes and spent absorbents |
07 05 10 * | other filter cakes and spent absorbents |
07 05 11 * | sludges from on-site effluent treatment containing hazardous substances |
07 05 12 | sludges from on-site effluent treatment other than those mentioned in 07 05 11 |
07 05 13 * | solid wastes containing hazardous substances |
07 05 14 | solid wastes other than those mentioned in 07 05 13 |
07 05 99 | wastes not otherwise specified |
07 06 | wastes from the MFSU of fats, grease, soaps, detergents, disinfectants and cosmetics |
07 06 01 * | aqueous washing liquids and mother liquors |
07 06 03 * | organic halogenated solvents, washing liquids and mother liquors |
07 06 04 * | other organic solvents, washing liquids and mother liquors |
07 06 07 * | halogenated still bottoms and reaction residues |
07 06 08 * | other still bottoms and reaction residues |
07 06 09 * | halogenated filter cakes and spent absorbents |
07 06 10 * | other filter cakes and spent absorbents |
07 06 11 * | sludges from on-site effluent treatment containing hazardous substances |
07 06 12 | sludges from on-site effluent treatment other than those mentioned in 07 06 11 |
07 06 99 | wastes not otherwise specified |
07 07 | wastes from the MFSU of fine chemicals and chemical products not otherwise specified |
07 07 01 * | aqueous washing liquids and mother liquors |
07 07 03 * | organic halogenated solvents, washing liquids and mother liquors |
07 07 04 * | other organic solvents, washing liquids and mother liquors |
07 07 07 * | halogenated still bottoms and reaction residues |
07 07 08 * | other still bottoms and reaction residues |
07 07 09 * | halogenated filter cakes and spent absorbents |
07 07 10 * | other filter cakes and spent absorbents |
07 07 11 * | sludges from on-site effluent treatment containing hazardous substances |
07 07 12 | sludges from on-site effluent treatment other than those mentioned in 07 07 11 |
07 07 99 | wastes not otherwise specified |
08 | WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS (PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVES, SEALANTS AND PRINTING INKS |
08 01 | wastes from MFSU and removal of paint and varnish |
08 01 11 * | waste paint and varnish containing organic solvents or other hazardous substances |
08 01 12 | waste paint and varnish other than those mentioned in 08 01 11 |
08 01 13 * | sludges from paint or varnish containing organic solvents or other hazardous substances |
08 01 14 | sludges from paint or varnish other than those mentioned in 08 01 13 |
08 01 15 * | aqueous sludges containing paint or varnish containing organic solvents or other hazardous substances |
08 01 16 | aqueous sludges containing paint or varnish other than those mentioned in 08 01 15 |
08 01 17 * | wastes from paint or varnish removal containing organic solvents or other hazardous substances |
08 01 18 | wastes from paint or varnish removal other than those mentioned in 08 01 17 |
08 01 19 * | aqueous suspensions containing paint or varnish containing organic solvents or other hazardous substances |
08 01 20 | aqueous suspensions containing paint or varnish other than those mentioned in 08 01 19 |
08 01 21 * | waste paint or varnish remover |
08 01 99 | wastes not otherwise specified |
08 02 | wastes from MFSU of other coatings (including ceramic materials) |
08 02 01 | waste coating powders |
08 02 02 | aqueous sludges containing ceramic materials |
08 02 03 | aqueous suspensions containing ceramic materials |
08 02 99 | wastes not otherwise specified |
08 03 | wastes from MFSU of printing inks |
08 03 07 | aqueous sludges containing ink |
08 03 08 | aqueous liquid waste containing ink |
08 03 12 * | waste ink containing hazardous substances |
08 03 13 | waste ink other than those mentioned in 08 03 12 |
08 03 14 * | ink sludges containing hazardous substances |
08 03 15 | ink sludges other than those mentioned in 08 03 14 |
08 03 16 * | waste etching solutions |
08 03 17 * | waste printing toner containing hazardous substances |
08 03 18 | waste printing toner other than those mentioned in 08 03 17 |
08 03 19 * | disperse oil |
08 03 99 | wastes not otherwise specified |
08 04 | wastes from MFSU of adhesives and sealants (including waterproofing products) |
08 04 09 * | waste adhesives and sealants containing organic solvents or other hazardous substances |
08 04 10 | waste adhesives and sealants other than those mentioned in 08 04 09 |
08 04 11 * | adhesive and sealant sludges containing organic solvents or other hazardous substances |
08 04 12 | adhesive and sealant sludges other than those mentioned in 08 04 11 |
08 04 13 * | aqueous sludges containing adhesives or sealants containing organic solvents or other hazardous substances |
08 04 14 | aqueous sludges containing adhesives or sealants other than those mentioned in 08 04 13 |
08 04 15 * | aqueous liquid waste containing adhesives or sealants containing organic solvents or other hazardous substances |
08 04 16 | aqueous liquid waste containing adhesives or sealants other than those mentioned in 08 04 15 |
08 04 17 * | rosin oil |
08 04 99 | wastes not otherwise specified |
08 05 | wastes not otherwise specified in 08 |
08 05 01 * | waste isocyanates |
09 | WASTES FROM THE PHOTOGRAPHIC INDUSTRY |
09 01 | wastes from the photographic industry |
09 01 01 * | water-based developer and activator solutions |
09 01 02 * | water-based offset plate developer solutions |
09 01 03 * | solvent-based developer solutions |
09 01 04 * | fixer solutions |
09 01 05 * | bleach solutions and bleach fixer solutions |
09 01 06 * | wastes containing silver from on-site treatment of photographic wastes |
09 01 07 | photographic film and paper containing silver or silver compounds |
09 01 08 | photographic film and paper free of silver or silver compounds |
09 01 10 | single-use cameras without batteries |
09 01 11 * | single-use cameras containing batteries included in 16 06 01 , 16 06 02 or 16 06 03 |
09 01 12 | single-use cameras containing batteries other than those mentioned in 09 01 11 |
09 01 13 * | aqueous liquid waste from on-site reclamation of silver other than those mentioned in 09 01 06 |
09 01 99 | wastes not otherwise specified |
10 | WASTES FROM THERMAL PROCESSES |
10 01 | wastes from power stations and other combustion plants (except 19 ) |
10 01 01 | bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04 ) |
10 01 02 | coal fly ash |
10 01 03 | fly ash from peat and untreated wood |
10 01 04 * | oil fly ash and boiler dust |
10 01 05 | calcium-based reaction wastes from flue-gas desulphurisation in solid form |
10 01 07 | calcium-based reaction wastes from flue-gas desulphurisation in sludge form |
10 01 09 * | sulphuric acid |
10 01 13 * | fly ash from emulsified hydrocarbons used as fuel |
10 01 14 * | bottom ash, slag and boiler dust from co-incineration containing hazardous substances |
10 01 15 | bottom ash, slag and boiler dust from co-incineration other than those mentioned in 10 01 14 |
10 01 16 * | fly ash from co-incineration containing hazardous substances |
10 01 17 | fly ash from co-incineration other than those mentioned in 10 01 16 |
10 01 18 * | wastes from gas cleaning containing hazardous substances |
10 01 19 | wastes from gas cleaning other than those mentioned in 10 01 05 , 10 01 07 and 10 01 18 |
10 01 20 * | sludges from on-site effluent treatment containing hazardous substances |
10 01 21 | sludges from on-site effluent treatment other than those mentioned in 10 01 20 |
10 01 22 * | aqueous sludges from boiler cleansing containing hazardous substances |
10 01 23 | aqueous sludges from boiler cleansing other than those mentioned in 10 01 22 |
10 01 24 | sands from fluidised beds |
10 01 25 | wastes from fuel storage and preparation of coal-fired power plants |
10 01 26 | wastes from cooling-water treatment |
10 01 99 | wastes not otherwise specified |
10 02 | wastes from the iron and steel industry |
10 02 01 | wastes from the processing of slag |
10 02 02 | unprocessed slag |
10 02 07 * | solid wastes from gas treatment containing hazardous substances |
10 02 08 | solid wastes from gas treatment other than those mentioned in 10 02 07 |
10 02 10 | mill scales |
10 02 11 * | wastes from cooling-water treatment containing oil |
10 02 12 | wastes from cooling-water treatment other than those mentioned in 10 02 11 |
10 02 13 * | sludges and filter cakes from gas treatment containing hazardous substances |
10 02 14 | sludges and filter cakes from gas treatment other than those mentioned in 10 02 13 |
10 02 15 | other sludges and filter cakes |
10 02 99 | wastes not otherwise specified |
10 03 | wastes from aluminium thermal metallurgy |
10 03 02 | anode scraps |
10 03 04 * | primary production slags |
10 03 05 | waste alumina |
10 03 08 * | salt slags from secondary production |
10 03 09 * | black drosses from secondary production |
10 03 15 * | skimmings that are flammable or emit, upon contact with water, flammable gases in hazardous quantities |
10 03 16 | skimmings other than those mentioned in 10 03 15 |
10 03 17 * | tar-containing wastes from anode manufacture |
10 03 18 | carbon-containing wastes from anode manufacture other than those mentioned in 10 03 17 |
10 03 19 * | flue-gas dust containing hazardous substances |
10 03 20 | flue-gas dust other than those mentioned in 10 03 19 |
10 03 21 * | other particulates and dust (including ball-mill dust) containing hazardous substances |
10 03 22 | other particulates and dust (including ball-mill dust) other than those mentioned in 10 03 21 |
10 03 23 * | solid wastes from gas treatment containing hazardous substances |
10 03 24 | solid wastes from gas treatment other than those mentioned in 10 03 23 |
10 03 25 * | sludges and filter cakes from gas treatment containing hazardous substances |
10 03 26 | sludges and filter cakes from gas treatment other than those mentioned in 10 03 25 |
10 03 27 * | wastes from cooling-water treatment containing oil |
10 03 28 | wastes from cooling-water treatment other than those mentioned in 10 03 27 |
10 03 29 * | wastes from treatment of salt slags and black drosses containing hazardous substances |
10 03 30 | wastes from treatment of salt slags and black drosses other than those mentioned in 10 03 29 |
10 03 99 | wastes not otherwise specified |
10 04 | wastes from lead thermal metallurgy |
10 04 01 * | slags from primary and secondary production |
10 04 02 * | dross and skimmings from primary and secondary production |
10 04 03 * | calcium arsenate |
10 04 04 * | flue-gas dust |
10 04 05 * | other particulates and dust |
10 04 06 * | solid wastes from gas treatment |
10 04 07 * | sludges and filter cakes from gas treatment |
10 04 09 * | wastes from cooling-water treatment containing oil |
10 04 10 | wastes from cooling-water treatment other than those mentioned in 10 04 09 |
10 04 99 | wastes not otherwise specified |
10 05 | wastes from zinc thermal metallurgy |
10 05 01 | slags from primary and secondary production |
10 05 03 * | flue-gas dust |
10 05 04 | other particulates and dust |
10 05 05 * | solid waste from gas treatment |
10 05 06 * | sludges and filter cakes from gas treatment |
10 05 08 * | wastes from cooling-water treatment containing oil |
10 05 09 | wastes from cooling-water treatment other than those mentioned in 10 05 08 |
10 05 10 * | dross and skimmings that are flammable or emit, upon contact with water, flammable gases in hazardous quantities |
10 05 11 | dross and skimmings other than those mentioned in 10 05 10 |
10 05 99 | wastes not otherwise specified |
10 06 | wastes from copper thermal metallurgy |
10 06 01 | slags from primary and secondary production |
10 06 02 | dross and skimmings from primary and secondary production |
10 06 03 * | flue-gas dust |
10 06 04 | other particulates and dust |
10 06 06 * | solid wastes from gas treatment |
10 06 07 * | sludges and filter cakes from gas treatment |
10 06 09 * | wastes from cooling-water treatment containing oil |
10 06 10 | wastes from cooling-water treatment other than those mentioned in 10 06 09 |
10 06 99 | wastes not otherwise specified |
10 07 | wastes from silver, gold and platinum thermal metallurgy |
10 07 01 | slags from primary and secondary production |
10 07 02 | dross and skimmings from primary and secondary production |
10 07 03 | solid wastes from gas treatment |
10 07 04 | other particulates and dust |
10 07 05 | sludges and filter cakes from gas treatment |
10 07 07 * | wastes from cooling-water treatment containing oil |
10 07 08 | wastes from cooling-water treatment other than those mentioned in 10 07 07 |
10 07 99 | wastes not otherwise specified |
10 08 | wastes from other non-ferrous thermal metallurgy |
10 08 04 | particulates and dust |
10 08 08 * | salt slag from primary and secondary production |
10 08 09 | other slags |
10 08 10 * | dross and skimmings that are flammable or emit, upon contact with water, flammable gases in hazardous quantities |
10 08 11 | dross and skimmings other than those mentioned in 10 08 10 |
10 08 12 * | tar-containing wastes from anode manufacture |
10 08 13 | carbon-containing wastes from anode manufacture other than those mentioned in 10 08 12 |
10 08 14 | anode scrap |
10 08 15 * | flue-gas dust containing hazardous substances |
10 08 16 | flue-gas dust other than those mentioned in 10 08 15 |
10 08 17 * | sludges and filter cakes from flue-gas treatment containing hazardous substances |
10 08 18 | sludges and filter cakes from flue-gas treatment other than those mentioned in 10 08 17 |
10 08 19 * | wastes from cooling-water treatment containing oil |
10 08 20 | wastes from cooling-water treatment other than those mentioned in 10 08 19 |
10 08 99 | wastes not otherwise specified |
10 09 | wastes from casting of ferrous pieces |
10 09 03 | furnace slag |
10 09 05 * | casting cores and moulds which have not undergone pouring containing hazardous substances |
10 09 06 | casting cores and moulds which have not undergone pouring other than those mentioned in 10 09 05 |
10 09 07 * | casting cores and moulds which have undergone pouring containing hazardous substances |
10 09 08 | casting cores and moulds which have undergone pouring other than those mentioned in 10 09 07 |
10 09 09 * | flue-gas dust containing hazardous substances |
10 09 10 | flue-gas dust other than those mentioned in 10 09 09 |
10 09 11 * | other particulates containing hazardous substances |
10 09 12 | other particulates other than those mentioned in 10 09 11 |
10 09 13 * | waste binders containing hazardous substances |
10 09 14 | waste binders other than those mentioned in 10 09 13 |
10 09 15 * | waste crack-indicating agent containing hazardous substances |
10 09 16 | waste crack-indicating agent other than those mentioned in 10 09 15 |
10 09 99 | wastes not otherwise specified |
10 10 | wastes from casting of non-ferrous pieces |
10 10 03 | furnace slag |
10 10 05 * | casting cores and moulds which have not undergone pouring, containing hazardous substances |
10 10 06 | casting cores and moulds which have not undergone pouring, other than those mentioned in 10 10 05 |
10 10 07 * | casting cores and moulds which have undergone pouring, containing hazardous substances |
10 10 08 | casting cores and moulds which have undergone pouring, other than those mentioned in 10 10 07 |
10 10 09 * | flue-gas dust containing hazardous substances |
10 10 10 | flue-gas dust other than those mentioned in 10 10 09 |
10 10 11 * | other particulates containing hazardous substances |
10 10 12 | other particulates other than those mentioned in 10 10 11 |
10 10 13 * | waste binders containing hazardous substances |
10 10 14 | waste binders other than those mentioned in 10 10 13 |
10 10 15 * | waste crack-indicating agent containing hazardous substances |
10 10 16 | waste crack-indicating agent other than those mentioned in 10 10 15 |
10 10 99 | wastes not otherwise specified |
10 11 | wastes from manufacture of glass and glass products |
10 11 03 | waste glass-based fibrous materials |
10 11 05 | particulates and dust |
10 11 09 * | waste preparation mixture before thermal processing, containing hazardous substances |
10 11 10 | waste preparation mixture before thermal processing, other than those mentioned in 10 11 09 |
10 11 11 * | waste glass in small particles and glass powder containing heavy metals (for example from cathode ray tubes) |
10 11 12 | waste glass other than those mentioned in 10 11 11 |
10 11 13 * | glass-polishing and -grinding sludge containing hazardous substances |
10 11 14 | glass-polishing and -grinding sludge other than those mentioned in 10 11 13 |
10 11 15 * | solid wastes from flue-gas treatment containing hazardous substances |
10 11 16 | solid wastes from flue-gas treatment other than those mentioned in 10 11 15 |
10 11 17 * | sludges and filter cakes from flue-gas treatment containing hazardous substances |
10 11 18 | sludges and filter cakes from flue-gas treatment other than those mentioned in 10 11 17 |
10 11 19 * | solid wastes from on-site effluent treatment containing hazardous substances |
10 11 20 | solid wastes from on-site effluent treatment other than those mentioned in 10 11 19 |
10 11 99 | wastes not otherwise specified |
10 12 | wastes from manufacture of ceramic goods, bricks, tiles and construction products |
10 12 01 | waste preparation mixture before thermal processing |
10 12 03 | particulates and dust |
10 12 05 | sludges and filter cakes from gas treatment |
10 12 06 | discarded moulds |
10 12 08 | waste ceramics, bricks, tiles and construction products (after thermal processing) |
10 12 09 * | solid wastes from gas treatment containing hazardous substances |
10 12 10 | solid wastes from gas treatment other than those mentioned in 10 12 09 |
10 12 11 * | wastes from glazing containing heavy metals |
10 12 12 | wastes from glazing other than those mentioned in 10 12 11 |
10 12 13 | sludge from on-site effluent treatment |
10 12 99 | wastes not otherwise specified |
10 13 | wastes from manufacture of cement, lime and plaster and articles and products made from them |
10 13 01 | waste preparation mixture before thermal processing |
10 13 04 | wastes from calcination and hydration of lime |
10 13 06 | particulates and dust (except 10 13 12 and 10 13 13 ) |
10 13 07 | sludges and filter cakes from gas treatment |
10 13 09 * | wastes from asbestos-cement manufacture containing asbestos |
10 13 10 | wastes from asbestos-cement manufacture other than those mentioned in 10 13 09 |
10 13 11 | wastes from cement-based composite materials other than those mentioned in 10 13 09 and 10 13 10 |
10 13 12 * | solid wastes from gas treatment containing hazardous substances |
10 13 13 | solid wastes from gas treatment other than those mentioned in 10 13 12 |
10 13 14 | waste concrete and concrete sludge |
10 13 99 | wastes not otherwise specified |
10 14 | waste from crematoria |
10 14 01 * | waste from gas cleaning containing mercury |
11 | WASTES FROM CHEMICAL SURFACE TREATMENT AND COATING OF METALS AND OTHER MATERIALS; NON-FERROUS HYDRO-METALLURGY |
11 01 | wastes from chemical surface treatment and coating of metals and other materials (for example galvanic processes, zinc coating processes, pickling processes, etching, phosphating, alkaline degreasing, anodising) |
11 01 05 * | pickling acids |
11 01 06 * | acids not otherwise specified |
11 01 07 * | pickling bases |
11 01 08 * | phosphatising sludges |
11 01 09 * | sludges and filter cakes containing hazardous substances |
11 01 10 | sludges and filter cakes other than those mentioned in 11 01 09 |
11 01 11 * | aqueous rinsing liquids containing hazardous substances |
11 01 12 | aqueous rinsing liquids other than those mentioned in 11 01 11 |
11 01 13 * | degreasing wastes containing hazardous substances |
11 01 14 | degreasing wastes other than those mentioned in 11 01 13 |
11 01 15 * | eluate and sludges from membrane systems or ion exchange systems containing hazardous substances |
11 01 16 * | saturated or spent ion exchange resins |
11 01 98 * | other wastes containing hazardous substances |
11 01 99 | wastes not otherwise specified |
11 02 | wastes from non-ferrous hydrometallurgical processes |
11 02 02 * | sludges from zinc hydrometallurgy (including jarosite, goethite) |
11 02 03 | wastes from the production of anodes for aqueous electrolytical processes |
11 02 05 * | wastes from copper hydrometallurgical processes containing hazardous substances |
11 02 06 | wastes from copper hydrometallurgical processes other than those mentioned in 11 02 05 |
11 02 07 * | other wastes containing hazardous substances |
11 02 99 | wastes not otherwise specified |
11 03 | sludges and solids from tempering processes |
11 03 01 * | wastes containing cyanide |
11 03 02 * | other wastes |
11 05 | wastes from hot galvanising processes |
11 05 01 | hard zinc |
11 05 02 | zinc ash |
11 05 03 * | solid wastes from gas treatment |
11 05 04 * | spent flux |
11 05 99 | wastes not otherwise specified |
12 | WASTES FROM SHAPING AND PHYSICAL AND MECHANICAL SURFACE TREATMENT OF METALS AND PLASTICS |
12 01 | wastes from shaping and physical and mechanical surface treatment of metals and plastics |
12 01 01 | ferrous metal filings and turnings |
12 01 02 | ferrous metal dust and particles |
12 01 03 | non-ferrous metal filings and turnings |
12 01 04 | non-ferrous metal dust and particles |
12 01 05 | plastics shavings and turnings |
12 01 06 * | mineral-based machining oils containing halogens (except emulsions and solutions) |
12 01 07 * | mineral-based machining oils free of halogens (except emulsions and solutions) |
12 01 08 * | machining emulsions and solutions containing halogens |
12 01 09 * | machining emulsions and solutions free of halogens |
12 01 10 * | synthetic machining oils |
12 01 12 * | spent waxes and fats |
12 01 13 | welding wastes |
12 01 14 * | machining sludges containing hazardous substances |
12 01 15 | machining sludges other than those mentioned in 12 01 14 |
12 01 16 * | waste blasting material containing hazardous substances |
12 01 17 | waste blasting material other than those mentioned in 12 01 16 |
12 01 18 * | metal sludge (grinding, honing and lapping sludge) containing oil |
12 01 19 * | readily biodegradable machining oil |
12 01 20 * | spent grinding bodies and grinding materials containing hazardous substances |
12 01 21 | spent grinding bodies and grinding materials other than those mentioned in 12 01 20 |
12 01 99 | wastes not otherwise specified |
12 03 | wastes from water and steam degreasing processes (except 11 ) |
12 03 01 * | aqueous washing liquids |
12 03 02 * | steam degreasing wastes |
13 | OIL WASTES AND WASTES OF LIQUID FUELS (EXCEPT EDIBLE OILS, AND THOSE IN CHAPTERS 05 , 12 AND 19 ) |
13 01 | waste hydraulic oils |
13 01 01 * | hydraulic oils, containing PCBs |
13 01 04 * | chlorinated emulsions |
13 01 05 * | non-chlorinated emulsions |
13 01 09 * | mineral-based chlorinated hydraulic oils |
13 01 10 * | mineral based non-chlorinated hydraulic oils |
13 01 11 * | synthetic hydraulic oils |
13 01 12 * | readily biodegradable hydraulic oils |
13 01 13 * | other hydraulic oils |
13 02 | waste engine, gear and lubricating oils |
13 02 04 * | mineral-based chlorinated engine, gear and lubricating oils |
13 02 05 * | mineral-based non-chlorinated engine, gear and lubricating oils |
13 02 06 * | synthetic engine, gear and lubricating oils |
13 02 07 * | readily biodegradable engine, gear and lubricating oils |
13 02 08 * | other engine, gear and lubricating oils |
13 03 | waste insulating and heat transmission oils |
13 03 01 * | insulating or heat transmission oils containing PCBs |
13 03 06 * | mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01 |
13 03 07 * | mineral-based non-chlorinated insulating and heat transmission oils |
13 03 08 * | synthetic insulating and heat transmission oils |
13 03 09 * | readily biodegradable insulating and heat transmission oils |
13 03 10 * | other insulating and heat transmission oils |
13 04 | bilge oils |
13 04 01 * | bilge oils from inland navigation |
13 04 02 * | bilge oils from jetty sewers |
13 04 03 * | bilge oils from other navigation |
13 05 | oil/water separator contents |
13 05 01 * | solids from grit chambers and oil/water separators |
13 05 02 * | sludges from oil/water separators |
13 05 03 * | interceptor sludges |
13 05 06 * | oil from oil/water separators |
13 05 07 * | oily water from oil/water separators |
13 05 08 * | mixtures of wastes from grit chambers and oil/water separators |
13 07 | wastes of liquid fuels |
13 07 01 * | fuel oil and diesel |
13 07 02 * | Petrol |
13 07 03 * | other fuels (including mixtures) |
13 08 | oil wastes not otherwise specified |
13 08 01 * | desalter sludges or emulsions |
13 08 02 * | other emulsions |
13 08 99 * | wastes not otherwise specified |
14 | WASTE ORGANIC SOLVENTS, REFRIGERANTS AND PROPELLANTS (EXCEPT 07 AND 08 ) |
14 06 | waste organic solvents, refrigerants and foam/aerosol propellants |
14 06 01 * | chlorofluorocarbons, HCFC, HFC |
14 06 02 * | other halogenated solvents and solvent mixtures |
14 06 03 * | other solvents and solvent mixtures |
14 06 04 * | sludges or solid wastes containing halogenated solvents |
14 06 05 * | sludges or solid wastes containing other solvents |
15 | WASTE PACKAGING; ABSORBENTS, WIPING CLOTHS, FILTER MATERIALS AND PROTECTIVE CLOTHING NOT OTHERWISE SPECIFIED |
15 01 | packaging (including separately collected municipal packaging waste) |
15 01 01 | paper and cardboard packaging |
15 01 02 | plastic packaging |
15 01 03 | wooden packaging |
15 01 04 | metallic packaging |
15 01 05 | composite packaging |
15 01 06 | mixed packaging |
15 01 07 | glass packaging |
15 01 09 | textile packaging |
15 01 10 * | packaging containing residues of or contaminated by hazardous substances |
15 01 11 * | metallic packaging containing a hazardous solid porous matrix (for example asbestos), including empty pressure containers |
15 02 | absorbents, filter materials, wiping cloths and protective clothing |
15 02 02 * | absorbents, filter materials (including oil filters not otherwise specified), wiping cloths, protective clothing contaminated by hazardous substances |
15 02 03 | absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 15 02 02 |
16 | WASTES NOT OTHERWISE SPECIFIED IN THE LIST |
16 01 | end-of-life vehicles from different means of transport (including off-road machinery) and wastes from dismantling of end-of-life vehicles and vehicle maintenance (except 13 , 14 , 16 06 and 16 08 ) |
16 01 03 | end-of-life tyres |
16 01 04 * | end-of-life vehicles |
16 01 06 | end-of-life vehicles, containing neither liquids nor other hazardous components |
16 01 07 * | oil filters |
16 01 08 * | components containing mercury |
16 01 09 * | components containing PCBs |
16 01 10 * | explosive components (for example air bags) |
16 01 11 * | brake pads containing asbestos |
16 01 12 | brake pads other than those mentioned in 16 01 11 |
16 01 13 * | brake fluids |
16 01 14 * | antifreeze fluids containing hazardous substances |
16 01 15 | antifreeze fluids other than those mentioned in 16 01 14 |
16 01 16 | tanks for liquefied gas |
16 01 17 | ferrous metal |
16 01 18 | non-ferrous metal |
16 01 19 | Plastic |
16 01 20 | Glass |
16 01 21 * | hazardous components other than those mentioned in 16 01 07 to 16 01 11 and 16 01 13 and 16 01 14 |
16 01 22 | components not otherwise specified |
16 01 99 | wastes not otherwise specified |
16 02 | wastes from electrical and electronic equipment |
16 02 09 * | transformers and capacitors containing PCBs |
16 02 10 * | discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09 |
16 02 11 * | discarded equipment containing chlorofluorocarbons, HCFC, HFC |
16 02 12 * | discarded equipment containing free asbestos |
16 02 13 * | discarded equipment containing hazardous components b other than those mentioned in 16 02 09 to 16 02 12 |
16 02 14 | discarded equipment other than those mentioned in 16 02 09 to 16 02 13 |
16 02 15 * | hazardous components removed from discarded equipment |
16 02 16 | components removed from discarded equipment other than those mentioned in 16 02 15 |
16 03 | off-specification batches and unused products |
16 03 03 * | inorganic wastes containing hazardous substances |
16 03 04 | inorganic wastes other than those mentioned in 16 03 03 |
16 03 05 * | organic wastes containing hazardous substances |
16 03 06 | organic wastes other than those mentioned in 16 03 05 |
16 03 07 * | metallic mercury |
16 04 | waste explosives |
16 04 01 * | waste ammunition |
16 04 02 * | fireworks wastes |
16 04 03 * | other waste explosives |
16 05 | gases in pressure containers and discarded chemicals |
16 05 04 * | gases in pressure containers (including halons) containing hazardous substances |
16 05 05 | gases in pressure containers other than those mentioned in 16 05 04 |
16 05 06 * | laboratory chemicals, consisting of or containing hazardous substances, including mixtures of laboratory chemicals |
16 05 07 * | discarded inorganic chemicals consisting of or containing hazardous substances |
16 05 08 * | discarded organic chemicals consisting of or containing hazardous substances |
16 05 09 | discarded chemicals other than those mentioned in 16 05 06 , 16 05 07 or 16 05 08 |
16 06 | batteries and accumulators |
16 06 01 * | lead batteries |
16 06 02 * | Ni-Cd batteries |
16 06 03 * | mercury-containing batteries |
16 06 04 | alkaline batteries (except 16 06 03 ) |
16 06 05 | other batteries and accumulators |
16 06 06 * | separately collected electrolyte from batteries and accumulators |
16 07 | wastes from transport tank, storage tank and barrel cleaning (except 05 and 13 ) |
16 07 08 * | wastes containing oil |
16 07 09 * | wastes containing other hazardous substances |
16 07 99 | wastes not otherwise specified |
16 08 | spent catalysts |
16 08 01 | spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08 07 ) |
16 08 02 * | spent catalysts containing hazardous transition metals or hazardous transition metal compounds |
16 08 03 | spent catalysts containing transition metals or transition metal compounds not otherwise specified |
16 08 04 | spent fluid catalytic cracking catalysts (except 16 08 07 ) |
16 08 05 * | spent catalysts containing phosphoric acid |
16 08 06 * | spent liquids used as catalysts |
16 08 07 * | spent catalysts contaminated with hazardous substances |
16 09 | oxidising substances |
16 09 01 * | permanganates, for example potassium permanganate |
16 09 02 * | chromates, for example potassium chromate, potassium or sodium dichromate |
16 09 03 * | peroxides, for example hydrogen peroxide |
16 09 04 * | oxidising substances, not otherwise specified |
16 10 | aqueous liquid wastes destined for off-site treatment |
16 10 01 * | aqueous liquid wastes containing hazardous substances |
16 10 02 | aqueous liquid wastes other than those mentioned in 16 10 01 |
16 10 03 * | aqueous concentrates containing hazardous substances |
16 10 04 | aqueous concentrates other than those mentioned in 16 10 03 |
16 11 | waste linings and refractories |
16 11 01 * | carbon-based linings and refractories from metallurgical processes containing hazardous substances |
16 11 02 | carbon-based linings and refractories from metallurgical processes others than those mentioned in 16 11 01 |
16 11 03 * | other linings and refractories from metallurgical processes containing hazardous substances |
16 11 04 | other linings and refractories from metallurgical processes other than those mentioned in 16 11 03 |
16 11 05 * | linings and refractories from non-metallurgical processes containing hazardous substances |
16 11 06 | linings and refractories from non-metallurgical processes others than those mentioned in 16 11 05 |
17 | CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMINATED SITES) |
17 01 | concrete, bricks, tiles and ceramics |
17 01 01 | Concrete |
17 01 02 | Bricks |
17 01 03 | tiles and ceramics |
17 01 06 * | mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing hazardous substances |
17 01 07 | mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06 |
17 02 | wood, glass and plastic |
17 02 01 | Wood |
17 02 02 | Glass |
17 02 03 | Plastic |
17 02 04 * | glass, plastic and wood containing or contaminated with hazardous substances |
17 03 | bituminous mixtures, coal tar and tarred products |
17 03 01 * | bituminous mixtures containing coal tar |
17 03 02 | bituminous mixtures other than those mentioned in 17 03 01 |
17 03 03 * | coal tar and tarred products |
17 04 | metals (including their alloys) |
17 04 01 | copper, bronze, brass |
17 04 02 | Aluminium |
17 04 03 | Lead |
17 04 04 | Zinc |
17 04 05 | iron and steel |
17 04 06 | Tin |
17 04 07 | mixed metals |
17 04 09 * | metal waste contaminated with hazardous substances |
17 04 10 * | cables containing oil, coal tar and other hazardous substances |
17 04 11 | cables other than those mentioned in 17 04 10 |
17 05 | soil (including excavated soil from contaminated sites), stones and dredging spoil |
17 05 03 * | soil and stones containing hazardous substances |
17 05 04 | soil and stones other than those mentioned in 17 05 03 |
17 05 05 * | dredging spoil containing hazardous substances |
17 05 06 | dredging spoil other than those mentioned in 17 05 05 |
17 05 07 * | track ballast containing hazardous substances |
17 05 08 | track ballast other than those mentioned in 17 05 07 |
17 06 | insulation materials and asbestos-containing construction materials |
17 06 01 * | insulation materials containing asbestos |
17 06 03 * | other insulation materials consisting of or containing hazardous substances |
17 06 04 | insulation materials other than those mentioned in 17 06 01 and 17 06 03 |
17 06 05 * | construction materials containing asbestos |
17 08 | gypsum-based construction material |
17 08 01 * | gypsum-based construction materials contaminated with hazardous substances |
17 08 02 | gypsum-based construction materials other than those mentioned in 17 08 01 |
17 09 | other construction and demolition wastes |
17 09 01 * | construction and demolition wastes containing mercury |
17 09 02 * | construction and demolition wastes containing PCB (for example PCB-containing sealants, PCB-containing resin-based floorings, PCB-containing sealed glazing units, PCB-containing capacitors) |
17 09 03 * | other construction and demolition wastes (including mixed wastes) containing hazardous substances |
17 09 04 | mixed construction and demolition wastes other than those mentioned in 17 09 01 , 17 09 02 and 17 09 03 |
18 | WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (EXCEPT KITCHEN AND RESTAURANT WASTES NOT ARISING FROM IMMEDIATE HEALTH CARE) |
18 01 | wastes from natal care, diagnosis, treatment or prevention of disease in humans |
18 01 01 | sharps (except 18 01 03 ) |
18 01 02 | body parts and organs including blood bags and blood preserves (except 18 01 03 ) |
18 01 03 * | wastes whose collection and disposal is subject to special requirements in order to prevent infection |
18 01 04 | wastes whose collection and disposal is not subject to special requirements in order to prevent infection (for example dressings, plaster casts, linen, disposable clothing, diapers) |
18 01 06 * | chemicals consisting of or containing hazardous substances |
18 01 07 | chemicals other than those mentioned in 18 01 06 |
18 01 08 * | cytotoxic and cytostatic medicines |
18 01 09 | medicines other than those mentioned in 18 01 08 |
18 01 10 * | amalgam waste from dental care |
18 02 | wastes from research, diagnosis, treatment or prevention of disease involving animals |
18 02 01 | sharps (except 18 02 02 ) |
18 02 02 * | wastes whose collection and disposal is subject to special requirements in order to prevent infection |
18 02 03 | wastes whose collection and disposal is not subject to special requirements in order to prevent infection |
18 02 05 * | chemicals consisting of or containing hazardous substances |
18 02 06 | chemicals other than those mentioned in 18 02 05 |
18 02 07 * | cytotoxic and cytostatic medicines |
18 02 08 | medicines other than those mentioned in 18 02 07 |
19 | WASTES FROM WASTE MANAGEMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT PLANTS AND THE PREPARATION OF WATER INTENDED FOR HUMAN CONSUMPTION AND WATER FOR INDUSTRIAL USE |
19 01 | wastes from incineration or pyrolysis of waste |
19 01 02 | ferrous materials removed from bottom ash |
19 01 05 * | filter cake from gas treatment |
19 01 06 * | aqueous liquid wastes from gas treatment and other aqueous liquid wastes |
19 01 07 * | solid wastes from gas treatment |
19 01 10 * | spent activated carbon from flue-gas treatment |
19 01 11 * | bottom ash and slag containing hazardous substances |
19 01 12 | bottom ash and slag other than those mentioned in 19 01 11 |
19 01 13 * | fly ash containing hazardous substances |
19 01 14 | fly ash other than those mentioned in 19 01 13 |
19 01 15 * | boiler dust containing hazardous substances |
19 01 16 | boiler dust other than those mentioned in 19 01 15 |
19 01 17 * | pyrolysis wastes containing hazardous substances |
19 01 18 | pyrolysis wastes other than those mentioned in 19 01 17 |
19 01 19 | sands from fluidised beds |
19 01 99 | wastes not otherwise specified |
19 02 | wastes from physico/chemical treatments of waste (including dechromatation, decyanidation, neutralisation) |
19 02 03 | premixed wastes composed only of non-hazardous wastes |
19 02 04 * | premixed wastes composed of at least one hazardous waste |
19 02 05 * | sludges from physico/chemical treatment containing hazardous substances |
19 02 06 | sludges from physico/chemical treatment other than those mentioned in 19 02 05 |
19 02 07 * | oil and concentrates from separation |
19 02 08 * | liquid combustible wastes containing hazardous substances |
19 02 09 * | solid combustible wastes containing hazardous substances |
19 02 10 | combustible wastes other than those mentioned in 19 02 08 and 19 02 09 |
19 02 11 * | other wastes containing hazardous substances |
19 02 99 | wastes not otherwise specified |
19 03 | stabilised/solidified wastes |
19 03 04 * | wastes marked as hazardous, partly stabilised other than 19 03 08 |
19 03 05 | stabilised wastes other than those mentioned in 19 03 04 |
19 03 06 * | wastes marked as hazardous, solidified |
19 03 07 | solidified wastes other than those mentioned in 19 03 06 |
19 03 08 * | partly stabilised mercury |
19 04 | vitrified waste and wastes from vitrification |
19 04 01 | vitrified waste |
19 04 02 * | fly ash and other flue-gas treatment wastes |
19 04 03 * | non-vitrified solid phase |
19 04 04 | aqueous liquid wastes from vitrified waste tempering |
19 05 | wastes from aerobic treatment of solid wastes |
19 05 01 | non-composted fraction of municipal and similar wastes |
19 05 02 | non-composted fraction of animal and vegetable waste |
19 05 03 | off-specification compost |
19 05 99 | wastes not otherwise specified |
19 06 | wastes from anaerobic treatment of waste |
19 06 03 | liquor from anaerobic treatment of municipal waste |
19 06 04 | digestate from anaerobic treatment of municipal waste |
19 06 05 | liquor from anaerobic treatment of animal and vegetable waste |
19 06 06 | digestate from anaerobic treatment of animal and vegetable waste |
19 06 99 | wastes not otherwise specified |
19 07 | landfill leachate |
19 07 02 * | landfill leachate containing hazardous substances |
19 07 03 | landfill leachate other than those mentioned in 19 07 02 |
19 08 | wastes from waste water treatment plants not otherwise specified |
19 08 01 | Screenings |
19 08 02 | waste from desanding |
19 08 05 | sludges from treatment of urban waste water |
19 08 06 * | saturated or spent ion exchange resins |
19 08 07 * | solutions and sludges from regeneration of ion exchangers |
19 08 08 * | membrane system waste containing heavy metals |
19 08 09 | grease and oil mixture from oil/water separation containing only edible oil and fats |
19 08 10 * | grease and oil mixture from oil/water separation other than those mentioned in 19 08 09 |
19 08 11 * | sludges containing hazardous substances from biological treatment of industrial waste water |
19 08 12 | sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11 |
19 08 13 * | sludges containing hazardous substances from other treatment of industrial waste water |
19 08 14 | sludges from other treatment of industrial waste water other than those mentioned in 19 08 13 |
19 08 99 | wastes not otherwise specified |
19 09 | wastes from the preparation of water intended for human consumption or water for industrial use |
19 09 01 | solid waste from primary filtration and screenings |
19 09 02 | sludges from water clarification |
19 09 03 | sludges from decarbonation |
19 09 04 | spent activated carbon |
19 09 05 | saturated or spent ion exchange resins |
19 09 06 | solutions and sludges from regeneration of ion exchangers |
19 09 99 | wastes not otherwise specified |
19 10 | wastes from shredding of metal-containing wastes |
19 10 01 | iron and steel waste |
19 10 02 | non-ferrous waste |
19 10 03 * | fluff-light fraction and dust containing hazardous substances |
19 10 04 | fluff-light fraction and dust other than those mentioned in 19 10 03 |
19 10 05 * | other fractions containing hazardous substances |
19 10 06 | other fractions other than those mentioned in 19 10 05 |
19 11 | wastes from oil regeneration |
19 11 01 * | spent filter clays |
19 11 02 * | acid tars |
19 11 03 * | aqueous liquid wastes |
19 11 04 * | wastes from cleaning of fuel with bases |
19 11 05 * | sludges from on-site effluent treatment containing hazardous substances |
19 11 06 | sludges from on-site effluent treatment other than those mentioned in 19 11 05 |
19 11 07 * | wastes from flue-gas cleaning |
19 11 99 | wastes not otherwise specified |
19 12 | wastes from the mechanical treatment of waste (for example sorting, crushing, compacting, pelletising) not otherwise specified |
19 12 01 | paper and cardboard |
19 12 02 | ferrous metal |
19 12 03 | non-ferrous metal |
19 12 04 | plastic and rubber |
19 12 05 | Glass |
19 12 06 * | wood containing hazardous substances |
19 12 07 | wood other than that mentioned in 19 12 06 |
19 12 08 | Textiles |
19 12 09 | minerals (for example sand, stones) |
19 12 10 | combustible waste (refuse derived fuel) |
19 12 11 * | other wastes (including mixtures of materials) from mechanical treatment of waste containing hazardous substances |
19 12 12 | other wastes (including mixtures of materials) from mechanical treatment of wastes other than those mentioned in 19 12 11 |
19 13 | wastes from soil and groundwater remediation |
19 13 01 * | solid wastes from soil remediation containing hazardous substances |
19 13 02 | solid wastes from soil remediation other than those mentioned in 19 13 01 |
19 13 03 * | sludges from soil remediation containing hazardous substances |
19 13 04 | sludges from soil remediation other than those mentioned in 19 13 03 |
19 13 05 * | sludges from groundwater remediation containing hazardous substances |
19 13 06 | sludges from groundwater remediation other than those mentioned in 19 13 05 |
19 13 07 * | aqueous liquid wastes and aqueous concentrates from groundwater remediation containing hazardous substances |
19 13 08 | aqueous liquid wastes and aqueous concentrates from groundwater remediation other than those mentioned in 19 13 07 |
20 | MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS |
20 01 | separately collected fractions (except 15 01 ) |
20 01 01 | paper and cardboard |
20 01 02 | Glass |
20 01 08 | biodegradable kitchen and canteen waste |
20 01 10 | Clothes |
20 01 11 | Textiles |
20 01 13 * | Solvents |
20 01 14 * | Acids |
20 01 15 * | Alkalines |
20 01 17 * | Photochemicals |
20 01 19 * | Pesticides |
20 01 21 * | fluorescent tubes and other mercury-containing waste |
20 01 23 * | discarded equipment containing chlorofluorocarbons |
20 01 25 | edible oil and fat |
20 01 26 * | oil and fat other than those mentioned in 20 01 25 |
20 01 27 * | paint, inks, adhesives and resins containing hazardous substances |
20 01 28 | paint, inks, adhesives and resins other than those mentioned in 20 01 27 |
20 01 29 * | detergents containing hazardous substances |
20 01 30 | detergents other than those mentioned in 20 01 29 |
20 01 31 * | cytotoxic and cytostatic medicines |
20 01 32 | medicines other than those mentioned in 20 01 31 |
20 01 33 * | batteries and accumulators included in 16 06 01 , 16 06 02 or 16 06 03 and unsorted batteries and accumulators containing these batteries |
20 01 34 | batteries and accumulators other than those mentioned in 20 01 33 |
20 01 35 * | discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23 containing hazardous components c |
20 01 36 | discarded electrical and electronic equipment other than those mentioned in 20 01 21 , 20 01 23 and 20 01 35 |
20 01 37 * | wood containing hazardous substances |
20 01 38 | wood other than that mentioned in 20 01 37 |
20 01 39 | Plastics |
20 01 40 | Metals |
20 01 41 | wastes from chimney sweeping |
20 01 99 | other fractions not otherwise specified |
20 02 | garden and park wastes (including cemetery waste) |
20 02 01 | biodegradable waste |
20 02 02 | soil and stones |
20 02 03 | other non-biodegradable wastes |
20 03 | other municipal wastes |
20 03 01 | mixed municipal waste |
20 03 02 | waste from markets |
20 03 03 | street-cleaning residues |
20 03 04 | septic tank sludge |
20 03 06 | waste from sewage cleaning |
20 03 07 | bulky waste |
20 03 99 | municipal wastes not otherwise specified |
a This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere. | ||
[F292AA010 | 261900 | Dross, scalings and other wastes from the iron and steel industry] a |
AA 060 | 262050 | Vanadium ashes and residuesa |
AA 190 | 810420 ex 810430 | Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities |
AB 030 | Wastes from non-cyanide based systems which arise from surface treatment of metals | |
AB 070 | Sands used in foundry operations | |
AB 120 | ex 281290 ex 3824 | Inorganic halide compounds, not elsewhere specified or included |
AB150 | ex 382490 | Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD) |
AC060 | ex 381900 | Hydraulic fluids |
[X2AC070 | ex 381900 | Brake fluids |
AC080 | ex 382000 | Antifreeze fluids] |
AC150 | Chlorofluorocarbons | |
AC160 | Halons | |
AC170 | ex 440310 | Treated cork and wood wastes |
AD090 | ex 382490 | Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included |
AD100 | Wastes from non-cyanide based systems which arise from surface treatment of plastics | |
AD120 | ex 391400 ex 3915 | Ion exchange resins |
AD150 | Naturally occurring organic material used as a filter medium (such as bio-filters) |
RB020 | ex 6815 | Ceramic based fibres of physico-chemical characteristics similar to those of asbestos |
Competent authority | Recovery facility | Waste identification | Period of validity | Total pre-consented quantity | ||||
---|---|---|---|---|---|---|---|---|
Name and number of the recovery facility | Address | Recovery operation (+ R-code) | Technologies employed | (code) | from | to | (tonnes (Mg)) ] | |
Textual Amendments
F303Substituted by Commission Regulation (EU) No 255/2013 of 20 March 2013 amending, for the purposes of adaptation to scientific and technical progress, Annexes IC, VII and VIII to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (Text with EEA relevance).
Technical Guidelines on the Environmentally Sound Management of Biomedical and Health Care Wastes (Y1; Y3) (61)
Technical Guidelines on the Environmentally Sound Management of Waste Lead Acid Batteries (61)
Technical Guidelines on the Environmentally Sound Management of the Full and Partial Dismantling of Ships (61)
Technical Guidelines on the Environmentally Sound Recycling/Reclamation of Metals and Metal Compounds (R4) (62)
Updated General Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with Persistent Organic Pollutants (POPs) (63)
Updated Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with Polychlorinated Biphenyls (PCBs), Polychlorinated Terphenyls (PCTs) or Polybrominated Biphenyls (PBBs) (63)
Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with the Pesticides Aldrin, Chlordane, Dieldrin, Endrin, Heptachlor, Hexachlorobenzene (HCB), Mirex or Toxaphene or with HCB as an Industrial Chemical (63)
Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of, Containing or Contaminated with 1,1,1-trichloro-2,2-bis (4 chlorophenyl)ethane (DDT) (63)
Technical Guidelines for the Environmentally Sound Management of Wastes Containing or Contaminated with Unintentionally Produced Polychlorinated Dibenzo-p-dioxins (PCDDs), Polychlorinated Dibenzofurans (PCDFs), Hexachlorobenzene (HCB) or Polychlorinated Biphenyls (PCBs) (63)
Technical Guidelines for the Environmentally Sound Management of Used and Waste Pneumatic Tyres (64)
Technical Guidelines for the Environmentally Sound Management of Wastes Consisting of Elemental Mercury and Wastes Containing or Contaminated with Mercury (64)
Technical Guidelines for the Environmentally Sound Co-processing of Hazardous Wastes in Cement Kilns (64)
Guidance Document on the Environmentally Sound Management of Used and End-of-life Mobile Phones (64)
Textual Amendments
Technical guidance for the environmentally sound management of specific waste streams:
[F304Used and scrap personal computers] (66)
Guidelines on ship recycling (67)
Safety and health in shipbreaking: guidelines for Asian countries and Turkey] (68)
Textual Amendments
F305Annex 9 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 109; 2020 c. 1, Sch. 5 para. 1(1)
Waste identification code | Quantity (kg/litres) | Country of destination (De) and country of dispatch (Di) | Identification of the reason for illegality (possible reference to violated Articles) | Responsible for illegality (please tick as appropriate) | Measures taken, including any penalties imposed | ||
---|---|---|---|---|---|---|---|
Notifier | Consignee | Other | |||||
] |
Opinion of the European Parliament of 19 November 2003 (OJ C 87 E, 7.4.2004, p. 281), Council Common Position of 24 June 2005 (OJ C 206 E, 23.8.2005, p. 1) and position of the European Parliament of 25 October 2005 (not yet published in the Official Journal). Council Decision of 29 May 2006.
OJ L 30, 6.2.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).
OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 416/2005 (OJ L 66, 12.3.2005, p. 10).
OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regulation (EC) No 166/2006 of the European Parliament and of the Council (OJ L 33, 4.2.2006, p. 1).
[F9Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC ( OJ L 330, 10.12.2013, p. 1 .).]
OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).
[F20Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives ( OJ L 312, 22.11.2008, p. 3 ).]
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).
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).
[F260Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 22 March 1989 . See www.basel.int]
[F260Decision C(2001)107/FINAL of the OECD Council, concerning the revision of Decision C(92)39/FINAL on the control of transboundary movements of waste destined for recovery operations; the former Decision is a consolidation of texts adopted by the Council on 14 June 2001 and on 28 February 2002 (with amendments).
See http://www.oecd.org/department/0,2688,en_2649_34397_1_1_1_1_1,00.html]
[F260In [F265non-EU] countries which are OECD member countries, the term recognised trader may be used according to the OECD Decision.]
[F260In the [F269United Kingdom], the definition of operation R1 in the list of abbreviations is different from that used in the Basel Convention and the OECD Decision; both wordings are therefore provided. There are other differences between the terminology used in the [F269United Kingdom] and that used in the Basel Convention and the OECD Decision, which are not contained in the list of abbreviations.]
[F260Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply, OJ L 316, 4.12.2007, p. 6 .]
[F260See http://www.unece.org/trans/danger/danger.htm]
[F260In the Basel Convention, the term ‘ State ’ is used instead of ‘ country ’ .]
[F260[F278In non-EU countries], the terms ‘export’ and ‘import’ may be used instead of ‘dispatch’ and ‘destination’.]
[F260See blocks 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 20 or 21 and, if additional information and documentation is requested by the competent authorities, see points in Annex II Part 3 of this Regulation which are not covered by any block.]
[F260In some third countries, information relating to the competent authority of dispatch may be given instead.]
This list originates from the OECD Decision, Appendix 3.
Annex IX to the Basel Convention is listed in this Regulation in Annex V, Part 1, List B.
[F292‘ Non-dispersible ’ does not include any wastes in the form of powder, sludge, dust or solid items containing encased hazardous waste liquids.]
This list originates from the OECD Decision, Appendix 4.
Annex VIII to the Basel Convention is listed in this Regulation in Annex V, Part 1, List A. Annex II to the Basel Convention contains the following entries: Y46 Waste collected from households unless appropriately classified under a single entry in Annex III. Y47 Residues arising from the incineration of household wastes.
References in Lists A and B to Annexes I, III and IV refer to Annexes of the Basel Convention.
Note that mirror entry on list B (B1160) does not specify exceptions.
This entry does not include scrap assemblies from electric power generation.
PCBs are at a concentration level of 50 mg/kg or more.
PCBs at a concentration level of 50mg/kg or more.
The 50 mg/kg level is considered to be an internationally practical level for all wastes. However, many individual countries have established lower regulatory levels (e.g. 20 mg/kg) for specific wastes.
‘Out-dated’ means unused within the period recommended by the manufacturer.
This entry does not include wood treated with wood-preserving chemicals.
Note that even where low level contamination with Annex I materials initially exists, subsequent processes, including recycling processes, may result in separated fractions containing significantly enhanced concentrations of those Annex I materials.
[X4The status of zinc ash is currently under review and there is a recommendation with United Nations Conference on Trade and Development (UNCTAD) that zinc ashes should not be dangerous goods.]
This entry does not include scrap from electrical power generation.
Re-use can include repair, refurbishment or upgrading, but not major reassembly.
In some countries these materials destined for direct re-use are not considered wastes.
The concentration level of Benzol[a]pyrene should not be 50mg/kg or more.
It is understood that such scraps are completely polymerised.
[X2Post-consumer wastes are excluded from this entry
Wastes shall not be mixed
Problems arising from open-burning practices to be considered]
This list originates from Appendix 4, Part I of the OECD Decision.
Unless appropriately classified under a single entry in Annex III.
The wastes numbered AB130, AC250, AC260 and AC270 have been deleted since they have been considered, in accordance with the procedure laid down in Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194, 25.7.1975, p. 39. Directive as repealed by Directive 2006/12/EC), to be non-hazardous and therefore not subject to the export prohibition laid down in Article 35 of this Regulation.
[F303Adopted by the sixth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Waste and Their Disposal, 9 - 13 December 2002 .]
[F303Adopted by the seventh meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 25 - 29 October 2004 .]
[F303Adopted by the eighth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 27 November - 1 December 2006 .]
[F303Adopted by the tenth meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 17 - 21 October 2011 .]
[F303 [F304Adopted by the eleventh meeting of the Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, 28 April to 10 May 2013 .] ]
[F303 [F304Adopted by the Environment Policy Committee of the OECD in February 2003 (document ENV/EPOC/WGWPR(2001)3/FINAL).] ]
[F303Resolution A.962 adopted by the Assembly of the IMO at its 23rd Regular session, 24 November to 5 December 2003 .]
[F303Approved for publication by the Governing Body of the ILO at its 289th session, 11 - 26 March 2004 .]
Editorial Information
X2Substituted 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).
X4Substituted 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
F7Inserted by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance).
F9Inserted by Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC (Text with EEA relevance).
F20Inserted 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.
F260Substituted by Commission Regulation (EC) No 669/2008 of 15 July 2008 on completing Annex IC of Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (Text with EEA relevance).
F263Words in Annex 1C Pt. 2 point 6 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(2); 2020 c. 1, Sch. 5 para. 1(1)
F264Words in Annex 1C Pt. 4 point 13 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(3); 2020 c. 1, Sch. 5 para. 1(1)
F265Words in Annex 1C Pt. 4 point 15 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(4); 2020 c. 1, Sch. 5 para. 1(1)
F266Words in Annex 1C Pt. 4 point 20 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(5); 2020 c. 1, Sch. 5 para. 1(1)
F269Words in Annex 1C Pt. 4 point 22 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(6); 2020 c. 1, Sch. 5 para. 1(1)
F278Words in Annex 1C Pt. 4 point 26 footnote substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 103(7); 2020 c. 1, Sch. 5 para. 1(1)
F292Substituted by Commission Regulation (EU) No 413/2010 of 12 May 2010 amending Annexes III, IV and V to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste so as to take account of changes adopted by OECD Council Decision C(2008) 156 (Text with EEA relevance).
F297Substituted by Commission Regulation (EU) No 135/2012 of 16 February 2012 amending Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste to include certain unclassified wastes in Annex IIIB thereto (Text with EEA relevance).
F303Substituted by Commission Regulation (EU) No 255/2013 of 20 March 2013 amending, for the purposes of adaptation to scientific and technical progress, Annexes IC, VII and VIII to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (Text with EEA relevance).
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