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

Article 11U.K.Objections to shipments of waste destined for disposal

1.Where a notification is submitted regarding a planned shipment of waste destined for disposal, the competent authorities of destination and dispatch may, within 30 days following the date of transmission of the acknowledgement of the competent authority of destination in accordance with Article 8, raise reasoned objections based on one or more of the following grounds F1...:

(a)that the planned shipment or disposal would not be in accordance with measures taken to implement [F2Article 4(2)(b) and (d) and (9)(a) of the Basel Convention], to prohibit generally or partially or to object systematically to shipments of waste; or

(b)that the planned shipment or disposal would not be in accordance with national legislation relating to environmental protection, public order, public safety or health protection concerning actions taking place in the objecting country; or

(c)that the notifier or the consignee has previously been convicted of illegal shipment or some other illegal act in relation to environmental protection. In this case, the competent authorities of dispatch and destination may refuse all shipments involving the person in question in accordance with national legislation; or

(d)that the notifier or the facility has repeatedly failed to comply with Articles 15 and 16 in connection with past shipments; or

(e)that the [F3country of destination] wishes to exercise its right pursuant to Article 4(1) of the Basel Convention to prohibit the import of hazardous waste or of waste listed in Annex II to that Convention; or

(f)that the planned shipment or disposal conflicts with obligations resulting from international conventions concluded by the [F4objecting country]; or

[F5(g)that the planned shipment or disposal is not, while taking into account geographical circumstances or the need for specialised installations for certain types of waste, in accordance with—

(ithe UK Plan within the meaning given by regulation 11A of the Transfrontier Shipment of Waste Regulations 2007; or

(iia plan established under Article 28 of Directive 2008/98/EC as amended from time to time;

(h)that the waste will be treated—

(iin a relevant facility in the United Kingdom which does not apply best available techniques within the meaning given by Article 3(10) of Directive 2010/75/EU in compliance with the permit of the facility; or

(iiin an installation within the meaning given by Article 3(3) of Directive 2010/75/EU as amended from time to time in an EU country which does not apply the best available techniques within the meaning given by Article 3(10) of that Directive in compliance with the permit of the installation;]

(i)that the waste is mixed municipal waste collected from private households (waste entry 20 03 01); or

(j)that the waste concerned will not be treated in accordance with legally binding environmental protection standards in relation to disposal operations established in F6... legislation (also in cases where temporary derogations are granted).

[F71A.In paragraph (1)(h), “relevant facility” means—

(a)in relation to England and Wales, a “Part A installation” within the meaning of regulation 2(1) of the Environmental Permitting (England and Wales) Regulations 2016;

(b)in relation to Northern Ireland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Industrial Emissions) Regulations (Northern Ireland) 2013;

(c)in relation to Scotland, an “installation” or “mobile plant” within the meaning of regulation 2(1) of the Pollution Prevention and Control (Scotland) Regulations 2012.]

2.The competent authority(ies) of transit may, within the 30-day time limit referred to in paragraph 1, raise reasoned objections based only on paragraph 1(b), (c), (d) and (f).

3.In the case of hazardous waste produced in [F8the country] of dispatch in such a small quantity overall per year that the provision of new specialised disposal installations within that [F9country] would be uneconomic, paragraph 1(a) shall not apply.

The competent authority of destination shall cooperate with the competent authority of dispatch which considers that this paragraph and not paragraph 1(a) should apply, with a view to resolving the issue bilaterally.

F10...

4.If, within the 30-day time limit referred to in paragraph 1, the competent authorities consider that the problems which gave rise to their objections have been resolved, they shall immediately inform the notifier in writing, with copies to the consignee and to the other competent authorities concerned.

5.If the problems giving rise to the objections have not been resolved within the 30-day time limit referred to in paragraph 1, the notification shall cease to be valid. In cases where the notifier still intends to carry out the shipment, a new notification shall be submitted, unless all the competent authorities concerned and the notifier agree otherwise.

F116.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .