1. These Regulations may be cited as the Transfrontier Shipment of Waste (Amendment) Regulations 2008 and come into force on 5th February 2008.
2. The Transfrontier Shipment of Waste Regulations 2007(1) are amended as follows.
3.—(1) In regulation 4(1), after the definition of “authorised person”, insert the following definition—
““Commission Regulation (EC) No 1418/2007” means Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply;”.
(2) At the end of regulation 4, add—
“;
(c)Commission Regulation (EC) No 1418/2007 is a reference to that Regulation as amended from time to time”.
4. In regulation 19(1), after the words “Article 3(1)(a) or (b)”, insert “or Article 3(5)”.
5. After regulation 23, insert—
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 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 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).
23B.—(1) This regulation applies to waste specified in Article 37(5) that is—
(a)destined for recovery in a 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).”.
Joan Ruddock
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th January 2008