Regulation (EC) No 1013/2006 of the European Parliament and of the CouncilShow full title

CHAPTER 2U.K.Exports of waste for recovery

Section 1U.K.Exports to [F1non-EU,] non-OECD Decision countries

Article 36U.K.Exports prohibition

1.Exports from the [F2United Kingdom] of the following wastes destined for recovery in [F3non-EU countries] to which the OECD Decision does not apply are prohibited:

(a)wastes listed as hazardous in Annex V;

(b)wastes listed in Annex V, Part 3;

(c)hazardous wastes not classified under one single entry in Annex V;

(d)mixtures of hazardous wastes and mixtures of hazardous wastes with non-hazardous wastes not classified under one single entry in Annex V;

(e)wastes that the country of destination has notified to be hazardous under Article 3 of the Basel Convention;

(f)wastes the import of which has been prohibited by the country of destination; or

(g)wastes which the competent authority of dispatch has reason to believe will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of destination concerned.

2.This provision shall be without prejudice to the take-back obligations as set out in Articles 22 and 24.

3.[F4A competent authority may, in an exceptional case, adopt a procedure] to determine, on the basis of documentary evidence provided in an appropriate way by the notifier, that a specific hazardous waste listed in Annex V is excluded from the export prohibition if it does not display any of the properties listed in Annex III to Directive [F52008/98/EC], taking into account, as regards the properties H3 to H8, H10 and H11 defined in that Annex, the limit values laid down in Commission Decision 2000/532/EC F6....

4.The fact that waste is not listed as hazardous in Annex V, or that it is listed in Annex V, Part 1, List B, shall not preclude, in exceptional cases, characterisation of such waste as hazardous and therefore subject to the export prohibition if it displays any of the properties listed in Annex III to Directive [F72008/98/EC], taking into account, as regards the properties H3 to H8, H10 and H11 defined in that Annex, the limit values laid down in Commission Decision 2000/532/EC, as provided for in [F8Articles 3(2) and 7 of Directive 2008/98/EC] and in the introductory paragraph of Annex III to this Regulation.

5.In the cases referred to in paragraphs 3 and 4, the [F9competent authority] shall inform the envisaged country of destination prior to taking a decision. [F10The competent authority shall notify any case to the Secretary of State] before the end of each calendar year. The [F11Secretary of State] shall forward the information F12... to the Secretariat of the Basel Convention. On the basis of the information provided, the [F13Secretary of State] may make comments and, where appropriate, [F14amend] Annex V in accordance with Article 58.

[F156.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]

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 [F16Secretary of State may], send a written request to each [F17non-EU] country to which the OECD Decision does not apply, seeking:

Each [F19non-EU] country to which the OECD Decision does not apply shall be given the following options:

2.[F20The 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.

F21...

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.

[F226.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]

Section 2U.K.Exports to [F23EU or] OECD-Decision countries

Article 38U.K.Exports of waste listed in Annexes III, IIIA, IIIB, IV and IVA

1.Where waste listed in Annexes III, IIIA, IIIB, IV and IVA, waste not classified or mixtures of wastes not classified under one single entry in either Annex III, IV or IVA are exported from the [F24United Kingdom] and destined for recovery in [F25an EU country or country] to which the OECD Decision applies, with or without transit through [F26one or more EU countries or] countries to which the OECD Decision applies, the provisions of Title II shall apply F27..., with the adaptations and additions listed in paragraphs 2, 3 and 5.

2.[F28Except where waste is destined for recovery in an EU country, the] following adaptations shall apply:

(a)mixtures of wastes listed in Annex IIIA destined for an interim operation shall be subject to the procedure of prior written notification and consent if any subsequent interim or non-interim recovery or disposal operation is to take place in a [F29non-EU] country to which the OECD Decision does not apply;

(b)waste listed in Annex IIIB shall be subject to the procedure of prior written notification and consent;

(c)the consent as required in accordance with Article 9 may be provided in the form of tacit consent from the competent authority of destination F30....

3.As regards exports of waste listed in Annexes IV and IVA, the following additional provisions shall apply:

F31(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)if, 42 days after the waste has left [F32the United Kingdom], the competent authority of dispatch in [F32the United Kingdom] has received no information from the facility about receipt of the waste, it shall without delay inform the competent authority of destination; and

(e)[F33except where waste is destined for recovery in an EU country,] the contract referred to in the second subparagraph, point 4 of Article 4 and in Article 5 shall stipulate that:

4.The shipment may take place only if:

(a)the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit or, if tacit consent from the competent [F34authority of destination in any non-EU country or tacit consent from the competent authority of transit in any country] is provided or can be assumed and if the conditions laid down are met;

(b)Article 35(4)(b), (c) and (d) is complied with.

5.If an export as described in paragraph 1 of waste listed in Annexes IV and IVA is in transit through a [F35non-EU] country to which the OECD Decision does not apply, the following adaptations shall apply:

(a)the competent authority of transit F36... shall have 60 days following the date of transmission of its acknowledgement of receipt of the notification in which to request additional information on the notified shipment, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties thereof in accordance with Article 6(4) of the Basel Convention, tacit consent or to give a written consent with or without conditions; and

(b)the competent authority of dispatch F37... shall take the decision to consent to the shipment as referred to in Article 9 only after having received tacit or written consent from that competent authority of transit F38..., and not earlier than 61 days following the date of transmission of the acknowledgement of the competent authority of transit. The competent authority of dispatch may take the decision before the conclusion of the 61-day time limit if it has the written consent of the other competent authorities concerned.

6.[F39Except where waste is destined for recovery in an EU country], 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.

[F407.If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a)where the dispatch of the waste was not in the area of the relevant authority, without delay inform the competent authority of dispatch; and

(b)ensure detention of the waste until the competent authority of dispatch has decided otherwise and, where the discovery is not in the area of the competent authority of dispatch, has communicated that decision in writing to the relevant authority.

8.In paragraph 7—

• “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

• “relevant authority” has the meaning given in Article 35(7).

9.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]