The Transfrontier Shipment of Waste Regulations 2007

PART 5 U.K. Export of waste to [F1 non-EU countries]

Textual Amendments

F1 Words in Pt. 5 heading substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 29; 2020 c. 1, Sch. 5 para. 1(1)

Prohibition on export of waste for disposal other than to [F2 EU or] EFTA countries U.K.

21.  A person commits an offence if he transports waste destined for disposal in a [F3 non-EU] country in breach of Article 34 (prohibition on export except, in certain circumstances, to [F4 EU or] EFTA countries Parties to the Basel Convention).

Textual Amendments

F2 Words in reg. 21 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 30(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Word in reg. 21 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 30(b); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 21 inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 30(c); 2020 c. 1, Sch. 5 para. 1(1)

Requirements for export of waste for disposal to EFTA countries U.K.

22.—(1) This regulation applies to waste destined for disposal in any EFTA country Party to the Basel Convention.

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

(a) without the provisions of Article 35(1) having been complied with (procedural requirements for export to EFTA countries); or

(b) in breach of Article 35(5) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Prohibition on export of certain waste for recovery to [F5 non-EU,] non-OECD Decision countries U.K.

23.  A person commits an offence if, in breach of Article 36(1), he transports waste specified in that Article that is destined for recovery in a [F6 non-EU] country to which the OECD Decision does not apply.

Textual Amendments

F5 Word in reg. 23 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 31(a); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in reg. 23 inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 31(b); 2020 c. 1, Sch. 5 para. 1(1)

[F7 Requirements for export of waste listed in Annex III or IIIA to [F8 non-EU,] non-OECD Decision countries U.K.

23A.— (1) This regulation applies to waste—

(a) listed in Annex III or IIIA to the Community Regulation; and

(b) the export of which is not prohibited under Article 36.

(2) A person who transports waste destined for recovery in any country listed in the Annex to Commission Regulation (EC) No 1418/2007 (being a [F9 non-EU] country to which the OECD Decision does not apply) commits an offence if he does so in breach of that Regulation.

(3) A person who transports waste destined for recovery in any other [F10 non-EU] country to which the OECD Decision does not apply commits an offence if he does so without complying with the procedure of prior written notification and consent as described in Article 35, in accordance with the second paragraph of Article 37(2).

(4) In either case, he commits an offence if he transports such waste in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Textual Amendments

F7 Regs. 23A, 23B inserted (5.2.2008) by Transfrontier Shipment of Waste (Amendment) Regulations 2008 (S.I. 2008/9), regs. 1, 5

F8 Word in reg. 23A heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 32(a); 2020 c. 1, Sch. 5 para. 1(1)

F9 Word in reg. 23A(2) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 32(b); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in reg. 23A(3) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 32(c); 2020 c. 1, Sch. 5 para. 1(1)

Requirements for export of waste classified under more than one entry in Annex IIIetc. to [F11 non-EU,] non-OECD Decision countries U.K.

23B.— (1) This regulation applies to waste specified in Article 37(5) that is—

(a) destined for recovery in a [F12 non-EU] country to which the OECD Decision does not apply; and

(b) the export of which is not prohibited under Article 36.

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

(a) without the procedure of prior written notification and consent as described in Article 35 having been complied with in accordance with Article 37(5); or

(b) in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).]

Textual Amendments

F7 Regs. 23A, 23B inserted (5.2.2008) by Transfrontier Shipment of Waste (Amendment) Regulations 2008 (S.I. 2008/9), regs. 1, 5

F11 Word in reg. 23B heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 33(a); 2020 c. 1, Sch. 5 para. 1(1)

F12 Word in reg. 23B(1)(a) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 33(b); 2020 c. 1, Sch. 5 para. 1(1)

Requirements for export of waste for recovery to [F13 non-EU] OECD Decision countries U.K.

24.—(1) This regulation applies to waste specified in Article 38(1) destined for recovery in any [F14 non-EU] country to which the OECD Decision applies (with or without transit through any country to which that Decision applies).

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

(a) without the provisions of Article 38(1) having been complied with (procedural requirements for the export of waste listed in Annexes III, IIIA, IIIB, IV and IVA); or

(b) in breach of Article 38(6) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Textual Amendments

F13 Word in reg. 24 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 34(a); 2020 c. 1, Sch. 5 para. 1(1)

F14 Word in reg. 24(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 34(b); 2020 c. 1, Sch. 5 para. 1(1)

Miscellaneous prohibitions on export of waste U.K.

25.  A person commits an offence if—

(a) he transports waste to the Antarctic;

(b) he transports waste destined for disposal in an overseas country or territory in breach of Article 40(1);

(c) he transports waste destined for recovery in an overseas country or territory in breach of Article 40(2)(prohibition on the export of certain waste); or

(d) he transports waste specified in Article 40(3) destined for recovery in an overseas country or territory without the provisions of that Article having been complied with (procedural requirements for exports to overseas countries or territories).

[F15 Disapplication of offences U.K.

25A.   Where an offence is committed under—

(a) regulation 5(1)(a) of the Mercury Export and Data Regulations 2010, an offence will not be committed under regulations 21 to 23, 24 or 25; or

(b) regulation 5(1)(b) of those Regulations, an offence will not be committed under regulation 25.]

Textual Amendments

F15 Reg. 25A inserted (8.3.2010) by The Mercury Export and Data (Enforcement) Regulations 2010 (S.I. 2010/265), regs. 2, 8