The Transfrontier Shipment of Waste Regulations 2007

PART 4 U.K. Shipment of waste [F1 between the United Kingdom and EU countries]

Textual Amendments

F1 Words in Pt. 4 heading substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 26; 2020 c. 1, Sch. 5 para. 1(1)

Requirements for shipments of notifiable waste U.K.

19.—(1) This regulation applies to waste specified in Article 3(1)(a) or (b) [F2 or Article 3(5)] that originates in [F3 the United Kingdom or] [F4 the European Union] and is either brought into the United Kingdom or destined for [F5 an EU country], whether or not that waste passes through a [F6 non-EU country].

(2) A person who transports such waste commits an offence if he does so without—

(a) the competent authority of dispatch having been notified in accordance with Article 4;

(b) a contract having been entered into or a declaration having been made in accordance with Article 5;

(c) a financial guarantee or equivalent insurance being in place and approved by the competent authority in accordance with Article 6;

(d) a consent issued by the competent authority of dispatch and destination in accordance with Article 9 and a consent issued by the competent authority of transit, unless there is tacit consent to the transit in accordance with Article 9(1);

(e) the movement document having been—

(i) completed in accordance with Article 16, first paragraph and Article 16(a); or

(ii) sent to the competent authorities concerned and the consignee in accordance with Article 16(b);

(f) the waste being accompanied by the movement document and notification document in accordance with Article 16(c); or

(g) the competent authorities and consignee having been notified of any change in the details or conditions of the shipment in accordance with Article 17 and, in such a case, a new notification having been submitted in accordance with that Article.

(3) He commits an offence if—

(a) he does so in breach of any condition imposed under Article 10;

(b) in the case of a shipment covered by a general notification, he does so without the competent authorities concerned having been notified of a change in route in accordance with Article 13(2);

(c) in the case of a shipment of waste destined for an interim recovery or disposal operation, he does so without the notification document having been completed in accordance with Article 15(a); or

(d) he fails to comply with Article 19.

Textual Amendments

F2 Words in reg. 19(1) inserted (5.2.2008) by Transfrontier Shipment of Waste (Amendment) Regulations 2008 (S.I. 2008/9), regs. 1, 4

F3 Words in reg. 19(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 27(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F5 Words in reg. 19(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 27(b); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in reg. 19(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 27(c); 2020 c. 1, Sch. 5 para. 1(1)

Requirements for shipment of waste specified in Article 3(2) and (4) U.K.

20.—(1) This regulation applies to waste specified in Article 3(2) or (4) that originates in [F7 the United Kingdom or] [F8 the European Union] and is either brought into the United Kingdom or is destined for [F9 an EU country], whether or not that waste passes through a [F10 non-EU country].

(2) A person who transports such waste commits an offence if—

(a) he does so without the waste being accompanied by a completed Annex VII document in accordance with Article 18(1)(a), that is signed in accordance with Article 18(1)(b);

(b) in the case of waste specified in Article 3(2), he does so without a contract as referred to in Article 18(2) having been entered into; or

(c) he fails to comply with Article 19.

Textual Amendments

F7 Words in reg. 20(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 28(a); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6

F9 Words in reg. 20(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 28(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in reg. 20(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 28(c); 2020 c. 1, Sch. 5 para. 1(1)