Article 37U.K.Procedures when exporting waste listed in Annex III or IIIA
1.In the case of waste which is listed in Annex III or IIIA and the export of which is not prohibited under Article 36, the [F1Secretary of State may], send a written request to each [F2non-EU] country to which the OECD Decision does not apply, seeking:
confirmation in writing that the waste may be exported from the [F3United Kingdom] for recovery in that country, and
an indication as to which control procedure, if any, would be followed in the country of destination.
Each [F4non-EU] country to which the OECD Decision does not apply shall be given the following options:
a prohibition; or
a procedure of prior written notification and consent as described in Article 35; or
no control in the country of destination.
2.[F5The Secretary of State may, by regulations, amend Commission Regulation (EC) No 1418/2007 in order to take into account any replies received pursuant to paragraph 1 on or after exit day.]
If a country has not issued a confirmation as referred to in paragraph 1 or if a country for any reason has not been contacted, paragraph 1(b) shall apply.
F6...
3.If a country indicates in its reply that certain shipments of waste are not subject to any control, Article 18 shall apply mutatis mutandis to such shipments.
4.Where waste is exported, it shall be destined for recovery operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
5.In the case of a shipment of waste not classified under one single entry in Annex III or a shipment of mixtures of wastes not classified under one single entry in Annex III or IIIA or a shipment of waste classified in Annex IIIB, and provided that the export is not prohibited pursuant to Article 36, paragraph 1(b) of this Article shall apply.
[F76.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]
Textual Amendments
F1Words in Art. 37(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in Art. 37(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 37(1)(i) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Word in Art. 37(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 37(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 37(2) omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)