The Transfrontier Shipment of Waste Regulations 2007

PART 4 U.K. Shipment of waste within the Community

Requirements for shipments of notifiable waste U.K.

19.—(1) This regulation applies to waste specified in Article 3(1)(a) or (b) that originates in the Community and is either brought into the United Kingdom or destined for another member State, whether or not that waste passes through a third 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.

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 the Community and is either brought into the United Kingdom or is destined for another member State, whether or not that waste passes through a third 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.