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Statutory Instruments

2007 No. 1711

environmental protection

The Transfrontier Shipment of Waste Regulations 2007

Made

12th June 2007

Laid before Parliament

18th June 2007

Coming into force

12th July 2007

Contents

Go to Preamble

  1. PART 1

    Introduction

    1. 1. Title and commencement

    2. 2. Application

    3. 3. Scope of the Regulations

    4. 4. Interpretation

    5. 5. Meaning of transport and person who transports waste

    6. 6. Competent authorities of destination and dispatch

    7. 7. Competent authority of transit

    8. 8. Correspondent

    9. 9. Notices

    10. 10. Transitional provisions

  2. PART 2

    Waste management plan

    1. 11. Waste management plan

    2. 12. Public participation procedures

    3. 13. Procedures following public participation

    4. 14. Provision of the plan to competent authorities

    5. 15. Objections to shipments of waste

    6. 16. Waste Management Licensing Regulations 1994 etc.

  3. PART 3

    General requirements for shipment of waste

    1. 17. Protection of the environment

    2. 18. Compliance with notification etc.

  4. PART 4

    Shipment of waste within the Community

    1. 19. Requirements for shipments of notifiable waste

    2. 20. Requirements for shipment of waste specified in Article 3(2) and (4)

  5. PART 5

    Export of waste to third countries

    1. 21. Prohibition on export of waste for disposal other than to EFTA countries

    2. 22. Requirements for export of waste for disposal to EFTA countries

    3. 23. Prohibition on export of certain waste for recovery to non-OECD Decision countries

    4. 24. Requirements for export of waste for recovery to OECD Decision countries

    5. 25. Miscellaneous prohibitions on export of waste

  6. PART 6

    Import of waste from third countries

    1. 26. Prohibition on the import of waste for disposal

    2. 27. Procedure for import of waste for disposal from a country Party to the Basel Convention

    3. 28. Prohibition on import of waste for recovery

    4. 29. Requirements for import of waste for recovery from or through an OECD Decision country

    5. 30. Requirements for import of waste for recovery from a non-OECD Decision country Party to the Basel Convention

    6. 31. Requirements for import of waste from overseas countries or territories

  7. PART 7

    Transit of waste

    1. 32. Requirements for transit of waste for disposal

    2. 33. Requirements for transit of waste for recovery: non-OECD Decision countries

    3. 34. Requirements for transit of waste for recovery: OECD Decision countries

    4. 35. Requirements for transit of waste between OECD Decision countries and non-OECD Decision countries

  8. PART 8

    Additional duties

    1. 36. Illegal shipments of waste brought to a facility

    2. 37. Duties on operators of facilities in respect of notifiable waste

    3. 38. Interim recovery or disposal operations

    4. 39. Duties on operators of facilities in respect of waste subject to general information requirements

    5. 40. Duties on consignees in respect of notifiable waste

    6. 41. Duties on consignees in respect of waste subject to general information requirements

    7. 42. Duties on laboratories

    8. 43. Notifier’s duty to keep documents

    9. 44. Duties on persons who arrange the shipment of waste

    10. 45. Annex VII document

  9. PART 9

    Miscellaneous

    1. 46. Fees

    2. 47. Costs of take-back etc.

    3. 48. Approval of a financial guarantee

    4. 49. Supply of the financial guarantee

    5. 50. Enforcement bodies

    6. 51. Enforcement powers

    7. 52. Compliance with notices

    8. 53. Obstruction

    9. 54. Falsely obtaining consent etc.

    10. 55. Offences by bodies corporate

    11. 56. Offences by Scottish partnerships

    12. 57. Acts of third parties

    13. 58. Penalties

    14. 59. Fixed penalties

    15. 60. Revocations

    1. SCHEDULE 1

      Transitional provisions for shipments to Latvia, Poland, Slovakia, Bulgaria or Romania

    2. SCHEDULE 2

      Transitional fees in Great Britain

    3. SCHEDULE 3

      Fees in Northern Ireland

    4. SCHEDULE 4

      Application for approval of a financial guarantee

    5. SCHEDULE 5

      Enforcement powers

      1. PART 1

        Powers of authorised persons

      2. PART 2

        Her Majesty’s Revenue and Customs

      3. PART 3

        Take-back etc. of waste

    6. SCHEDULE 6

      Form of fixed penalty notices

Go to Explanatory Note

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972(1) in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials)(2) and in relation to the prevention, reduction and elimination of pollution caused by waste(3).

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste(4) to be construed as references to that instrument as amended from time to time.

The Secretary of State makes the following Regulations under the powers conferred on him by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972(5):

(2)

S.I. 1993/2661, to which there are amendments not relevant to these Regulations. Back [2]

(3)

S.I. 1992/2870, to which there are amendments not relevant to these Regulations. Back [3]

(4)

OJ No L 190, 12.7.2006, p.1. Back [4]

(5)

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51). Back [5]

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