The Transfrontier Shipment of Waste Regulations 1994
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ENVIRONMENTAL PROTECTION The Transfrontier Shipment of Waste Regulations 1994
1. These Regulations may be cited as the Transfrontier Shipment of Waste Regulations 1994 and shall come into force on 6th May 1994.
2.(1) In these Regulations "the principal Regulation" means Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community[5]. (2) Unless the context otherwise requires
3. The following authorities shall be the competent authorities of dispatch and destination in relation to their areas for the purpose of the principal Regulation
4. The Secretary of State shall be the competent authority of transit for the purpose of the principal Regulation.
5. The Secretary of State shall be the correspondent for the purpose of the principal Regulation.
6.(1) If a competent authority of dispatch decides, in relation to the notifications referred to in Article 3(1), 6(1) or 15(1) relating to shipments of waste dispatched from its area, or in relation to any class of such notifications, to transmit the notification itself to the competent authority of destination, with copies to the consignee and to any competent authority of transit, it shall give notice by advertisement of that decision. (2) A notice of a decision under paragraph (1) above shall describe the notifications to which the competent authority s decision applies and the decision which is the subject of the notice shall take effect 2 weeks after the publication of the last of the notics required to be published. (3) Where a decision under paragraph (1) above takes effect, a notifier who intends to make a shipment of waste which requires a notification to which the competent authority s decision applies shall send the required notification to the authority which published the notice and shall not send copies of that notification to any other competent authority or to the consignee. (4) Subject to paragraph (5) below, a competent authority which receives a notification in accordance with paragraph (3) above shall, within 3 working days of receiving the notification, transmit it to the competent authority of destination, with copies to the consignee and any competent authority of transit. (5) Where the notification relates to the shipment of waste for disposal, paragraph (4) above shall not apply if the competent authority of dispatch has immediate objections to raise against the shipment in accordance with Article 4(3). (6) A competent authority which has published notice of a decision in accordance with this regulation may withdraw it at any time by giving notice by advertisement of the withdrawal and the withdrawal shall take effect 2 weeks after the publication of the last of the notices required to be published. (7) In this regulation "notice by advertisement" means
7.(1) No person shall ship waste into or out of the United Kingdom unless a certificate has been issued in relation to the shipment under this regulation. (2) An application for a certificate under this regulation shall be made to the authority which is the competent authority of dispatch, destination or transit in the United Kingdom (as the case may be) in relation to the shipment. (3) A competent authority which receives an application under paragraph (2) above shall issue the certificate requested if it is satisfied that there is in force in respect of the shipment, or will be at the time the waste is shipped into or out of the United Kingdom (as the case may be), a financial guarantee or equivalent insurance satisfying the requirements of Article 27. (4) A competent authority shall make its decision on an application under paragraph(2) above
(5) A certificate issued under this regulation shall certify that the competent authority is satisfied as mentioned in paragraph (3) above.
8.(1) Where a competent authority of dispatch is required by Article 25(1) or 26(2) to ensure that waste is returned to the United Kingdom it may serve a notice on the notifier concerned under paragraph (2) below. (2) A notice served under this paragraph shall require the notifier to return the waste to an area within the United Kingdom specified in the notice by a date so specified. (3) The date specified in a notice under paragraph (2) above shall allow the notifier a reasonable time to comply with the notice, having regard, in particular, to the location of the waste at the time the notice is served. (4) Where a notifier fails to comply with a notice served on him under paragraph (2) above, the competent authority may serve a further notice on the notifier stating that the authority intends to act as the agent of the notifier to effect the return of the waste to the United Kingdom in order to fulfil the obligations of the authority under Article 25(1) or 26(2), as the case may be. (5) Where a competent authority serves a notice under paragraph (4) above it may act as the agent of the notifier so far as is necessary to effect the return of the waste as mentioned in that paragraph and the notifier shall provide the competent authority with such information and assistance as the authority may reasonably request in writing to enable it to effect the return of the waste. (6) Where a competent authority acts under paragraph (5) above it shall be deemed to be the duly authorised agent of the notifier acting within the scope of its authority.
9.(1) Where a competent authority of destination is required by Article 26(3) to ensure the disposal or recovery of waste in an environmentally sound manner it may serve a notice on the consignee concerned under paragraph (2) below. (2) A notice served under this paragraph shall require the consignee to ensure the disposal or recovery of waste in an environmentally sound manner in accordance with the notice and by a date specified in the notice. (3) The date specified in a notice under paragraph (2) above shall allow the consignee a reasonable time to comply with the notice. (4) Where a consignee fails to comply with a notice served on him under paragraph (2) above the competent authority may serve a further notice on the consignee stating that the powers set out in paragraph (6) below will be exercised on behalf of the authority so far as is necessary to enable it to effect the disposal or recovery of the waste in order to fulfil its obligations under Article 26(3). (5) The powers referred to in paragraph (4) above shall be exercised on behalf of the competent authority, in Great Britain, by an inspector appointed under section 68(3) of the Environmental Protection Act 1990[7]and, in Northern Ireland, by a person authorised in writing by the authority to exercise those powers ("authorised person"). (6) Pursuant to a notice served under paragraph (4) above, an inspector or authorised person may, on production of his authority
(7) An inspector or authorised person may exercise any of the powers set out in paragraph (6) above so far as is necessary to enable him to effect the disposal or recovery of the waste in order to fulfil the obligations of the competent authority under Article 26(3) and the consignee shall provide the inspector or authorised person and the competent authority with such information and assistance as the inspector or auhorised person or the authority may reasonably request in writing to enable the competent authority to fulfil those obligations.
10.(1) On a request made upon him by a competent authority of dispatch or destination in the United Kingdom for the purpose of facilitating the exercise of any functions conferred on it by the principal Regulation or these Regulations, a customs officer may detain, for not more than 3 working days, waste specified in that request which has been imported into the United Kingdom or brought to a place for the purpose of being exported from the United Kingdom. (2) Anything detained under this regulation shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct. (3) In this regulation and in regulation 12 below "customs officer" means any officer within the meaning of the Customs and Excise Management Act 1979[8].
11.(1) The Secretary of State shall prepare a waste management plan ("the plan") in accordance with Article 7 of Council Directive 75/442/EEC[9]which shall contain his policies in relation to the import and export of waste for recovery or disposal into and out of the United Kingdom. (2) Any provision in the plan relating to the prevention of imports or exports of waste for disposal shall be in accordance with the principles referred to in Article 4(3)(a)(i), but shall be subject to Article 4(3)(a)(ii) and (iii). (3) For the purpose of preventing movements of waste which are not in accordance with the plan
(4) In the case of shipments of waste to which Article 7(4) applies, competent authorities of destination and dispatch shall, within the applicable time limit, raise reasoned objections under the first indent of Article 7(4)(a) to prevent movements of waste which are not in accordance with the plan. (5) It shall be the duty of the Secretary of State
(6) Paragraph 4(1)(b) of Schedule 4 to the Waste Management Licensing Regulations 1994[10]shall have effect as if the reference to any plan made under the plan-making provisions included a reference to a plan made under this regulation.
12.(1) Any person who contravenes a provision of the principal Regulation in the United Kingdom so that waste is shipped in circumstances which are deemed to be illegal traffic under Article 26 commits an offence. (2) Any person who transports, recovers, disposes of, or otherwise handles waste in the United Kingdom in contravention of a condition imposed under the principal Regulation on the shipment of waste commits an offence. (3) Any consignee who, in relation to waste shipped to the United Kingdom, fails to send a certificate of disposal or recovery pursuant to Article 5(6), 8(6) or 20(9) (as the case may be) within the time limit set out in the applicable Article, or sends a certificate which is false in a material particular, commits an offence. (4) Any person who contravenes regulation 7 of these Regulations commits an offence. (5) Any person who supplies information which is false in a material particular to a competent authority in the United Kingdom for the purpose of obtaining a certificate under regulation 7 of these Regulations commits an offence. (6) Any person who, in the United Kingdom, mixes wastes which are the subject of different notifications during shipment contrary to Article 29 commits an offence. (7) Any notifier who ships waste from the United Kingdom without having entered into a contract with the consignee in accordance with Article 3(6), 6(6) or 15(4) where required to do so by the principal Regulation commits an offence. (8) Any notifier who ships waste from the United Kingdom which is required to be accompanied by the information set out in Article 11, signed as required by that rticle, and which is not so accompanied whilst in the United Kingdom, commits an offence. (9) Any person who fails to comply with a notice served on him under regulation 8(2) or 9(2) of these Regulations commits an offence. (10) Any person who intentionally obstructs an inspector or authorised person in the exercise of his powers under regulation 9 of these Regulations or a customs officer in the exercise of his powers under regulation 10 of these Regulations commits an offence. (11) Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of an offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
13.(1) Where an offence under regulation 12 above which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, paragraph (1) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate. (3) Where, in Scotland, an offence under regulation 12 above which has been committed by a Scottish partnership or an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he, as well as the partnership or association, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
14.(1) In any proceedings for an offence under regulation 12 above it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid the commission of the offence. (2) In any proceedings for an offence under regulation 12(2)
(3) In any proceedings for an offence under regulation 12(3)
15.(1) Subject to paragraph (2) below, a person who commits an offence under regulation 12 above shall be liable on summary conviction to a fine not exceeding
(2) A person who commits an offence under paragraph (8)
16. For the purpose of performing any of his functions under the principal Regulation the Secretary of State may, by notice in writing, require any competent authority in the United Kingdom to furnish suc information and documents as may be specified in the notice.
17.(1) Any notice which is authorised to be served on a notifier under regulation 8 above or on a consignee under regulation 9 above may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address. (2) Any such notice may
(3) For the purpose of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post)[11]in its application to this regulation, the proper address of any person on whom a notice is to be served shall be the address given for him on the consignment note relating to the shipment of waste in connection with which the notice is to be served.
18.(1) For regulation 7 of the Control of Pollution (Special Waste)
"Importers and Exporters 7.(1) Subject to paragraph (2)
(2) Regulations 4 to 12 and 17 shall not apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93(c), other than Title III, apply." (2) In regulation 17 of the Control of Pollution (Special Waste)
(3) For regulation 8 of the Pollution Control (Special Waste)
"Importers and Exporters 8.(1) Subject to paragraph (2)
(2) Regulations 5 to 13 and 18 shall not apply in relation to shipments of waste to which the provisions of Council Regulation (EEC) No. 259/93(e), other than Title III, apply." (4) In regulation 18 of the Pollution Control (Special Waste)
19.(1) At the end of Schedule 1 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991[14], there shall be added the following paragraph
(2) In note 3 of the guidance notes in Part I of Schedule 2 to the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 and in note 3 of the guidance notes in Part II of that Schedule there shall be added the following paragraph
(3) After paragraph (m) in regulation 3 of the Waste Management Licensing Regulations 1994[15], there shall be added the following paragraph
(4) In note 3 of the guidance notes in Part II of Schedule 5 to the Waste Management Licensing Regulations 1994 and in note 3 of the guidance notes in Part III of that Schedule there shall be added the following paragraph
20.(1) The register established and mintained by a waste regulation authority pursuant to paragraph 12(5) of Part I of Schedule 4 to the Waste Management Licensing Regulations 1994 shall also be a register of establishments or undertakings registering with the authority under this regulation. (2) The register shall contain the following particulars in relation to each such establishment or undertaking
(3) The waste regulation authority shall enter the relevant particulars in the register in relation to an establishment or undertaking which arranges (as dealer or broker) for the disposal or the recovery of waste if it becomes aware of them as a result of either
(4) An establishment or undertaking registering under paragraph (3)(b) above shall register with the waste regulation authority in whose area its principal place of business in Great Britain is located or, where it has no place of business in Great Britain, with any waste regulation authority. (5) In the case of an establishment or undertaking registered by virtue of paragraph (3)(a) above, its registration under this regulation shall have effect only for so long as its application to be registered as a broker of controlled waste is pending. (6) In the case of an establishment or undertaking registered by virtue of paragraph (3)(b) above, its registration under this regulation shall cease to have effect on 1st January 1995 unless
(7) For the purposes of this regulation, paragraph 1(4)
(8) Where a registration under this regulation ceases to have effect, the waste regulation authority
(9) In this regulation, "waste regulation authority" has the meaning given by section30 of the Environmental Protection Act 1990[16].
21.(1) Subject to paragraph (2) below, the Transfrontier Shipment of Hazardous Waste Regulations 1988[17], the Control of Pollution (Special Waste) (Amendment) Regulations 1988[18]and the Transfrontier Shipment of Hazardous Waste Regulations (Northern Ireland) 1989[19]are hereby revoked. (2) The Transfrontier Shipment of Hazardous Waste Regulations 1988 and the Transfrontier Shipment of Hazardous Waste Regulations (Northern Ireland) 1989 shall continue to apply in relation to shipments of waste effected before 6th November 1994 under an acknowledgement of receipt issued under Articles 4 and 5 of Council Directive84/631/EEC on the supervision and control within the European Community of the transfrontier shipment of hazardous waste[20]before these Regulations come into force.
(This note is not part of the Regulations)
ISBN 0 11 043007 7 Notes: [1] S.I. 1993/2661 and 1992/2870. back [3] See the definition of "prescribed". back [6] OJ No. L30, 6.2.1993, p.1. back [7] S.I 1993/2661 and 1992/2870. back [9] See the definition of "prescribed". back [12] OJ No. L30, 6.2.1993, p.1. back [16] OJ No. L194, 25.7.1975, p.47; the Directive was amended by Council Directive 91/156/EEC, OJ No. L78, 26.3.91, p.32 and by Council Directive 91/692/EEC, OJ No. L377, 31.12.91, p.48. back [19] S.I. 1980/1709; regulation 7 was substituted by regulation 3 of the Control of Pollution (Special Waste) (Amendment) Regulations 1988 (S.I. 1988/1790). back |
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