TITLE IVEXPORTS F2... TO THIRD COUNTRIES
CHAPTER 2Exports of waste for recovery
Section 1Exports to F1non-EU, non-OECD Decision countries
Article 36Exports prohibition
1
Exports from the F3United Kingdom of the following wastes destined for recovery in F4non-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
F5A 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 F62008/98/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 F7....
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 F82008/98/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 F9Articles 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 F11competent authority shall inform the envisaged country of destination prior to taking a decision. F12The competent authority shall notify any case to the Secretary of State before the end of each calendar year. The F13Secretary of State shall forward the information F14... to the Secretariat of the Basel Convention. On the basis of the information provided, the F15Secretary of State may make comments and, where appropriate, F16amend Annex V in accordance with Article 58.
F106
For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.
Words 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)