Regulation (EC) No 1013/2006 of the European Parliament and of the CouncilShow full title

Article 36 U.K. Exports prohibition

1. Exports from the [F1 United Kingdom] of the following wastes destined for recovery in [F2 non-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. [F3 A 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 [F4 2008/98/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 F5 ....

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 [F6 2008/98/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 [F7 Articles 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 [F8 competent authority] shall inform the envisaged country of destination prior to taking a decision. [F9 The competent authority shall notify any case to the Secretary of State] before the end of each calendar year. The [F10 Secretary of State] shall forward the information F11 ... to the Secretariat of the Basel Convention. On the basis of the information provided, the [F12 Secretary of State] may make comments and, where appropriate, [F13 amend] Annex V in accordance with Article 58.

[F14 6. For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]

Textual Amendments

F1 Words 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)

F2 Words 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)

F3 Words 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)

F4 Word 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)

F5 Words 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)

F6 Word 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)

F7 Words 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)

F8 Words 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)

F9 Words 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)

F10 Words 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)

F11 Words 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)

F12 Words 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)

F13 Word 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)

F14 Art. 36(6) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 74(5); 2020 c. 1, Sch. 5 para. 1(1)