TITLE IVU.K.EXPORTS F1... TO THIRD COUNTRIES

CHAPTER 2U.K.Exports of waste for recovery

Section 1U.K.Exports to [F2non-EU,] non-OECD Decision countries

Article 36U.K.Exports prohibition

1.Exports from the [F3United Kingdom] of the following wastes destined for recovery in [F4non-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.[F5A 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 [F62008/98/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 F7....

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 [F82008/98/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 [F9Articles 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 [F10competent authority] shall inform the envisaged country of destination prior to taking a decision. [F11The competent authority shall notify any case to the Secretary of State] before the end of each calendar year. The [F12Secretary of State] shall forward the information F13... to the Secretariat of the Basel Convention. On the basis of the information provided, the [F14Secretary of State] may make comments and, where appropriate, [F15amend] Annex V in accordance with Article 58.

[F166.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 [F17Secretary of State may], send a written request to each [F18non-EU] country to which the OECD Decision does not apply, seeking:

Each [F20non-EU] country to which the OECD Decision does not apply shall be given the following options:

2.[F21The 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.

F22...

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.

[F236.For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.]