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PART 5 Export of waste to third countries

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

21.  A person commits an offence if he transports waste destined for disposal in a third country in breach of Article 34 (prohibition on export except, in certain circumstances, to EFTA countries Parties to the Basel Convention).

Requirements for export of waste for disposal to EFTA countries

22.—(1) This regulation applies to waste destined for disposal in any EFTA country Party to the Basel Convention.

(2) A person who transports such waste commits an offence if he does so—

(a) without the provisions of Article 35(1) having been complied with (procedural requirements for export to EFTA countries); or

(b) in breach of Article 35(5) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

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

23.  A person commits an offence if, in breach of Article 36(1), he transports waste specified in that Article that is destined for recovery in a country to which the OECD Decision does not apply.

Requirements for export of waste for recovery to OECD Decision countries

24.—(1) This regulation applies to waste specified in Article 38(1) destined for recovery in any country to which the OECD Decision applies (with or without transit through any country to which that Decision applies).

(2) A person who transports such waste commits an offence if he does so—

(a) without the provisions of Article 38(1) having been complied with (procedural requirements for the export of waste listed in Annexes III, IIIA, IIIB, IV and IVA); or

(b) in breach of Article 38(6) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Miscellaneous prohibitions on export of waste

25.  A person commits an offence if—

(a) he transports waste to the Antarctic;

(b) he transports waste destined for disposal in an overseas country or territory in breach of Article 40(1);

(c) he transports waste destined for recovery in an overseas country or territory in breach of Article 40(2)(prohibition on the export of certain waste); or

(d) he transports waste specified in Article 40(3) destined for recovery in an overseas country or territory without the provisions of that Article having been complied with (procedural requirements for exports to overseas countries or territories).

PART 6 Import of waste from third countries

Prohibition on the import of waste for disposal

26.  A person commits an offence if, in breach of Article 41(1), he transports waste destined for disposal that has come from a third country or area other than those specified in that Article.

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

27.—(1) This regulation applies to waste destined for disposal that has come from a country Party to the Basel Convention.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 42(1) having been complied with (procedural requirements for the import of waste destined for disposal from countries Parties to the Basel Convention).

Prohibition on import of waste for recovery

28.  A person commits an offence if, in breach of Article 43(1), he transports waste destined for recovery that has come from a third country or area other than specified in that Article.

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

29.—(1) This regulation applies to waste destined for recovery that has come from or through a country to which the OECD Decision applies.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 44(1) having been complied with (procedural requirements for imports of waste destined for recovery from, or through, an OECD Decision country).

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

30.—(1) This regulation applies to waste destined for recovery that has come —

(a) from a country to which the OECD Decision does not apply; or

(b) through a country to which the OECD Decision does not apply and that is Party to the Basel Convention.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 45 having been complied with (procedural requirements for imports from a non-OECD Decision country Party to the Basel Convention).

Requirements for import of waste from overseas countries or territories

31.  A person who transports waste that has come from any overseas country or territory commits an offence if he does so without the provisions of Article 46(1) having been complied with (procedural requirements for the import of waste from overseas countries or territories).

PART 7 Transit of waste

Requirements for transit of waste for disposal

32.—(1) This regulation applies to waste destined for disposal that—

(a) originates from, and is destined for, a third country; and

(b) is transported through the United Kingdom.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 47 having been complied with (procedural requirements for shipments of waste destined for disposal from and to a third country).

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

33.—(1) This regulation applies to waste destined for recovery that—

(a) originates from, and is destined for, a country to which the OECD Decision does not apply; and

(b) is transported through the United Kingdom.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(1) having been complied with (procedural requirements for shipments of waste destined for recovery from and to a country to which the OECD Decision does not apply).

Requirements for transit of waste for recovery: OECD Decision countries

34.—(1) This regulation applies to waste destined for recovery that—

(a) originates from, and is destined for, a country to which the OECD Decision applies; and

(b) is transported through the United Kingdom.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(2) having been complied with (procedural requirements for shipments of waste destined for recovery from and to a country to which the OECD Decision applies).

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

35.—(1) This regulation applies to waste destined for recovery that—

(a) originates from a country to which the OECD Decision does not apply and is destined for a country to which the OECD Decision does apply; or

(b) originates from a country to which the OECD Decision applies and is destined for a country to which the OECD Decision does not apply,

and is transported through the United Kingdom.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(3) having been complied with (procedural requirements for shipments of waste destined for recovery between OECD Decision and non-OECD Decision countries).