TITLE VU.K.IMPORTS F1... FROM THIRD COUNTRIES

CHAPTER 1U.K.Imports of waste for disposal

Article 41U.K.Imports prohibited except from a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war

1.Imports into the [F2United 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 [F3United Kingdom has] concluded bilateral or multilateral agreements or arrangements compatible with [F4retained EU law] and in accordance with Article 11 of the Basel Convention; or

(c)other countries with which [F5the 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, [F6the Secretary of State] may conclude bilateral agreements and arrangements for the disposal of specific waste in [F7the 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 [F8retained 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 [F9United Kingdom].

F10...

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 F11... 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

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

1.Where waste is imported into the [F12United Kingdom] and destined for disposal from countries Parties to the Basel Convention, the provisions of Title II shall apply F13..., with the adaptations and additions listed in [F14paragraph 2].

2.The following adaptations shall apply:

(a)the competent authority of transit [F15in 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.

F163.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

[F175.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

CHAPTER 2U.K.Imports of waste for recovery

Article 43U.K.Imports prohibited except from an OECD Decision country or a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war

1.All imports into the [F18United 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 [F19United Kingdom has] concluded bilateral or multilateral agreements or arrangements compatible with [F20retained EU law] and in accordance with Article 11 of the Basel Convention; or

(d)other countries with which [F21the United Kingdom has] concluded bilateral agreements or arrangements in accordance with paragraph 2; or

[X1(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, [F22the Secretary of State] may conclude bilateral agreements and arrangements for the recovery of specific waste in [F23the 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

Textual Amendments

Article 44U.K.Procedural requirements for imports from an [F24EU or] OECD Decision country or from other areas during situations of crisis or war

1.Where waste destined for recovery is imported into the [F25United Kingdom] from [F26or through an EU country or country] to which the OECD Decision applies, the provisions of Title II shall apply F27..., with the adaptations and additions listed in [F28paragraph 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 [F29in any non-EU country];

(b)[F30where 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.

F313.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 [F32in 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.

[F335.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

Article 45U.K.Procedural requirements for imports from a [F34non-EU,] non-OECD Decision country Party to the Basel Convention or from other areas during situations of crisis or war

Where waste destined for recovery is imported into the [F35United Kingdom]:

(a)

from a [F36on-EU] country to which the OECD Decision does not apply; or

(b)

through any [F37non-EU] country to which the OECD Decision does not apply and which is also Party to the Basel Convention,

Article 42 shall apply mutatis mutandis.

Textual Amendments

CHAPTER 3U.K.General provisions

Article 46U.K.Imports from overseas countries or territories

1.Where waste is imported into the [F38United Kingdom] from overseas countries or territories, Title II shall apply F39....

2.One or more overseas countries and territories [F40listed 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 [F41the United Kingdom].

3.[F42Where paragraph 2 applies, the Secretary of State shall notify the Secretariat of the Basel Convention] of the national procedures applied.

Textual Amendments

Textual Amendments