The Transfrontier Shipment of Hazardous Waste Regulations 1988

Interpretation and application

2.—(1) In these Regulations, except where the context otherwise requires—

“acknowledgement” means an acknowledgement under Article 4 of the Directive, and “acknowledge” shall be construed accordingly;

“carrier” means any person who transports a consignment;

“completed” means, in the case of a consignment note, completed in accordance with the instructions for filling in the form of note set out in Annex IV to Commission Directive 85/469/EEC(1), and in the case of a uniform document, completed in accordance with the instructions on that document, and “complete” shall be construed accordingly;

“consignee” means the person to whom a consignment is transported for disposal;

“consignment” means a quantity of hazardous waste that is intended to be, is being, or has been transported from one state to another without its being divided or added to;

“consignment note” means a consignment note printed in accordance with Annex III to Commission Directive 85/469/EEC and, in relation to such a note, “copy 1”, “copy 2” and “copy 3” mean respectively the copies of the note so numbered and entitled “copy for the authority issuing the acknowledgement”, “copy for the holder of the waste” and “copy accompanying the waste”;

“disposal authority” means a disposal authority for the purposes of the waste regulation provisions of the 1974 Act;

“Directive” means Council Directive 84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste(2);

“hazardous waste” means “special waste” as defined in the Control of Pollution (Special Waste) Regulations 1980(3), other than waste that is special waste solely because—

(a)

it consists of, or contains any of, the substances listed in the Schedule hereto; or

(b)

it is such a medicinal product as is mentioned in regulation 2(1)(b) of those Regulations;

“holder” means the person having a consignment in his possession or control immediately before it is transported from the premises at which it is produced or stored;

“Member State” means a state, other than the United Kingdom, that is a member of the Communities;

“Member State of destination” means the Member State in which a consignment is, or is to be, disposed of;

“Member State of dispatch” means the Member State in which a consignment originates;

“Member State of transit” means any Member State through which a consignment is, or is to be, transported for disposal in another state;

“non-ferrous metal consignment” means a consignment that is, or is to be, transported for the purpose of enabling its non-ferrous metal content to be re-used, regenerated or recycled;

“objection” means an objection under Article 4 of the Directive, and “object” shall be construed accordingly;

“port” means seaport or airport;

“third state” means a state that is not a member of the Communities;

“third state of destination” means the third state in which a consignment is, or is to be, disposed of;

“third state of dispatch” means the third state in which a consignment originates;

“third state of transit” means any third state through which a consignment is, or is to be, transported for disposal in another state;

“uniform document” means a uniform document printed in accordance with Annex III to Commission Directive 85/469/EEC and, in relation to such a document, “copy 1”, “copy 2”, “copy 3” and “copy 4” mean respectively the copies of the document so numbered and entitled “copy for the consignee of the waste”, “copy for the competent authority”, “copy for the holder of the waste” and “copy for the competent authority”;

“the 1974 Act” means the Control of Pollution Act 1974(4).

(2) Any reference in these Regulations to the competent authority of a Member State is a reference to the authority designated by that Member State under Article 16 of the Directive.

(3) Where, under these Regulations, anything is to be done by or to a third state, it shall be done by or to either the government of that state, or by or to the authority in that state specified by that government.

(4) Other expressions used in these Regulations shall, unless the contrary intention appears, have the meaning they bear in Part I of the 1974 Act.

(5) These Regulations do not apply to the transferring from a ship to land of waste produced during the normal operation of that ship.

(1)

OJ No. L272, 12.10.1985, p.1, as amended by Commission Directive 87/112/EEC (OJ No. L48, 17.2.1987, p.31).

(2)

OJ No. L326, 13.12.1984, p.31 as amended by Council Directive 86/279/EEC (OJ No. L181, 4.7.1986, p.13), and as adapted to technical progress by Commission Directive 85/469/EEC and Commission Directive 87/112/EEC.

(3)

S.I. 1980/1709.

(4)

1974 c. 40.