TITLE ISCOPE AND DEFINITIONS

Article 2CF1References to competent authority

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.