TITLE VIIU.K.OTHER PROVISIONS

CHAPTER 1U.K.Additional obligations

Article 49U.K.Protection of the environment

1.The producer, the notifier and other undertakings involved in a shipment of waste and/or its recovery or disposal shall take the necessary steps to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment and during its recovery and disposal. F1...

2.[F2In the case of an export from the United Kingdom to a non-EU country, the competent authority of dispatch in the United Kingdom shall]:

(a)require and endeavour to secure that any waste exported is managed in an environmentally sound manner throughout the period of shipment, including recovery as referred to in Articles 36 and 38 or disposal as referred to in Article 34, in the F3... country of destination;

(b)prohibit an export of waste F4... if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a).

Environmentally sound management may, inter alia, be assumed as regards the waste recovery or disposal operation concerned, if the notifier or the competent authority in the country of destination can demonstrate that the facility which receives the waste will be operated in accordance with human health and environmental protection standards that are broadly equivalent to standards established in [F5retained EU law].

This assumption shall, however, be without prejudice to the overall assessment of environmentally sound management throughout the period of shipment and including recovery or disposal in the F6... country of destination.

For the purposes of seeking guidance on environmentally sound management, the guidelines listed in Annex VIII may be considered.

3.[F7In the case of an import into the United Kingdom from a non-EU country, the competent authority of destination in the United Kingdom shall]:

(a)require and take the necessary steps to ensure that any waste shipped into its area of jurisdiction is managed without endangering human health and without using processes or methods which could harm the environmentF8... throughout the period of shipment, including recovery or disposal in the country of destination;

(b)prohibit an import of waste F9... if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a).

Article 50U.K.Enforcement F10...

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[F132a.[F14The Secretary of State shall ensure that, in respect of the United Kingdom, one or more plans are maintained, either separately or as a clearly defined part of other plans, for inspections carried out for the purposes of the enforcement of this Regulation (‘inspection plan’).] Inspection plans shall be based on a risk assessment covering specific waste streams and sources of illegal shipments and considering, if available and where appropriate, intelligence-based data such as data on investigations by police and customs authorities and analyses of criminal activities. That risk assessment shall aim, inter alia, to identify the minimum number of inspections required, including physical checks on establishments, undertakings, brokers, dealers and shipments of waste or on the related recovery or disposal. An inspection plan shall include the following elements:

(a) the objectives and priorities of the inspections, including a description of how those priorities have been identified;

(b) the geographical area covered by that inspection plan;

(c) information on planned inspections, including on physical checks;

(d) the tasks assigned to each authority involved in inspections;

(e) arrangements for cooperation between authorities involved in inspections;

(f) information on the training of inspectors on matters relating to inspections; and

(g) information on the human, financial and other resources for the implementation of that inspection plan.

An inspection plan shall be reviewed at least every three years and, where appropriate, updated. That review shall evaluate to which extent the objectives and other elements of that inspection plan have been implemented.]

[F153. Inspections of shipments may take place in particular:

(a) at the point of origin, carried out with the producer, holder or notifier;

(b) at the point of destination, including interim and non-interim recovery or disposal, carried out with the consignee or the facility;

(c) at the frontiers of the [F16United Kingdom]; and/or

(d) during the shipment within the [F16United Kingdom].]

[F154. Inspections of shipments shall include the verification of documents, the confirmation of identity and, where appropriate, physical checking of the waste.]

[F134a. In order to ascertain that a substance or object being carried by road, rail, air, sea or inland waterway is not waste, the authorities involved in inspections may, without prejudice to [F17the Waste Electrical and Electronic Equipment Regulations 2013], require the natural or legal person who is in possession of the substance or object concerned, or who arranges the carriage thereof, to submit documentary evidence:

(a) as to the origin and destination of the substance or object concerned; and

(b) that it is not waste, including, where appropriate, evidence of functionality.

For the purpose of the first subparagraph, the protection of the substance or object concerned against damage during transportation, loading and unloading, such as adequate packaging and appropriate stacking, shall also be ascertained.

4b. The authorities involved in inspections may conclude that the substance or object concerned is waste where:

• the evidence referred to in paragraph 4a or required under other [F18retained EU law] to ascertain that a substance or object is not waste, has not been submitted within the period specified by them, or

• they consider the evidence and information available to them to be insufficient to reach a conclusion, or they consider the protection provided against damage referred to in the second subparagraph of paragraph 4a to be insufficient.

In such circumstances, the carriage of the substance or object concerned or the shipment of waste concerned shall be considered as an illegal shipment. Consequently, it shall be dealt with in accordance with Articles 24 and 25 and the authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.

4c. In order to ascertain whether a shipment of waste complies with this Regulation, the authorities involved in inspections may require the notifier, the person who arranges the shipment, the holder, the carrier, the consignee and the facility that receives the waste to submit relevant documentary evidence to them within a period specified by them.

In order to ascertain whether a shipment of waste falling under the general information requirements of Article 18 is destined for recovery operations which are in accordance with Article 49, the authorities involved in inspections may require the person who arranges the shipment to submit relevant documentary evidence, provided by the interim and non-interim recovery facility and, if necessary, approved by the competent authority of destination.

4d. Where the evidence referred to in paragraph 4c has not been submitted to the authorities involved in inspections within the period specified by them, or they consider the evidence and information available to them to be insufficient to reach a conclusion, the shipment concerned shall be considered as an illegal shipment. Consequently, it shall be dealt with in accordance with Articles 24 and 25 and the authorities involved in inspections shall, without delay, inform the competent authority of the country where the inspection concerned took place accordingly.

[F19 4e. The Secretary of State may, by regulations, amend the correlation table in Commission Implementing Regulation (EU) 2016/1245 in order to—

(a)reflect changes to the combined nomenclature provided for in Council Regulation (EEC) No 2658/87;

(b)reflect changes to the entries of waste listed in Annexes 3, 3A, 3B, 4, 4A and 5;

(c)include any new waste-related codes of the Harmonised System Nomenclature that the World Customs Organisation may adopt.]]

[F205. The competent authorities in the United Kingdom shall, where appropriate, cooperate, bilaterally and multilaterally, with the competent authorities of EU countries in order to—

(a)facilitate the prevention and detection of illegal shipments;

(b)exchange relevant information on shipments of waste, flows of waste, operators and facilities; and

(c)share experience and knowledge on enforcement measures, including the risk assessment carried out pursuant to paragraph 2a of this Article].

6.[F21Each competent authority in the United Kingdom] shall identify those members of [F22its] permanent staff responsible for the cooperation referred to in paragraph 5 and identify the focal point(s) for the physical checks referred to in paragraph 4. [F23The competent authority shall, before the end of each calendar year, send the information in writing to the Secretary of State. The Secretary of State shall then promptly send the information to the Secretariat of the Basel Convention.]

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[F25Article 51U.K.Reports

1.The Secretary of State must, before the end of each calendar year—

(a)prepare the report for the previous calendar year referred to in Article 13(3) of the Basel Convention; and

(b)transmit the report to the Secretariat of the Basel Convention in accordance with that Article.

2. The Secretary of State must, before the end of each calendar year—

(a)prepare a further report for the previous calendar year based on the questionnaire and table in Annex 9; and

(b)publish the further report in a manner which the Secretary of State considers appropriate.]

Article 52U.K.International cooperation

[F26The United Kingdom], where appropriate and necessary F27..., shall cooperate with other Parties to the Basel Convention and inter-State organisations, inter alia, via the exchange and/or sharing of information, the promotion of environmentally sound technologies and the development of appropriate codes of good practice.

F28Article 53U.K.Designation of competent authorities

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F29Article 54U.K.Designation of correspondents

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[F30Article 55U.K.Designation of frontier crossing points

The Secretary of State may designate places at which waste entering or leaving the United Kingdom is controlled. If the Secretary of State decides to designate such places, a shipment of waste must not be allowed to use any other places within the United Kingdom for the purposes of entering or leaving the United Kingdom.]

Article 56U.K.Notification of, and information regarding, designations

1.[F31The Secretary of State] shall notify the [F32Secretariat of the Basel Convention] of designations of:

(a)competent authoritiesF33...;

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(c)where appropriate, [F35frontier crossing points, designated] pursuant to Article 55.

2.In relation to those designations, [F36the Secretary of State] shall notify the [F37Secretariat of the Basel Convention] of the following information:

(a)name(s);

(b)postal address(es);

(c)e-mail address(es);

(d)telephone number(s);

(e)fax number(s); and

(f)languages acceptable to the competent authorities.

3.[F38The Secretary of State] shall immediately notify [F39the Secretariat of the Basel Convention] of any changes in this information.

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5.The [F41Secretary of State] shall publish on [F42a website maintained by the Secretary of State] lists of the [F43competent authorities in the United Kingdom and frontier crossing points designated pursuant to Article 55], and shall update these lists as appropriate.