Office of Public Sector Information
SCHEDULE 5 continued PART 2
8.—(1) If he is requested to do so by any competent authority in the United Kingdom, an officer of Revenue and Customs may detain any waste that has been brought into the United Kingdom or is to be dispatched from the United Kingdom.
(2) Any thing detained under this paragraph may be detained for no longer than 5 working days and must be dealt with during the period of its detention in such manner as the Commissioners for Her Majesty’s Revenue and Customs may direct.
(3) In this regulation “waste” includes—
(a) any thing that the competent authority has reasonable grounds to suspect is waste; and
(b) the container in which the waste or thing is carried.
9. If a competent authority of dispatch receives notification from another competent authority under Article 22 (take-back when a shipment cannot be completed as intended), it may serve a notice on the notifier of the shipment requiring him to act in accordance with Article 22 within a specified time.
10. If a competent authority of dispatch receives notification from another competent authority under Article 24 (take-back when a shipment is illegal), it may serve a notice on the notifier of the shipment (or if it is not notifiable waste, the person who arranged the shipment) requiring him to act in accordance with Article 24 within a specified time.
11. If a competent authority of destination receives notification from another competent authority under Article 24 (take-back when a shipment is illegal), it may serve a notice on the consignee of the shipment requiring him to act in accordance with Article 24(3) within a specified time.
12. If a competent authority, acting under the Community Regulation, brings back waste into its area of jurisdiction from outside that area, it may recover or dispose of it as it sees fit at the notifier’s expense.
Regulation 59(3)(a)
(This note is not part of the Regulations)
These Regulations enforce Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (OJ No L 190, 12.7.2006, p.1)(the “Community Regulation”).
Regulations 6 and 7 set out the competent authorities for the purposes of the Community Regulation.
Regulation 11 requires the Secretary of State to implement a waste management plan that contains his policies on the bringing into, or dispatch from, the United Kingdom of waste for disposal. Regulations 12 and 13 require the Secretary of State to consult on that plan. Regulation 15 requires the competent authorities of dispatch and destination to object to shipments of waste that do not comply with that plan.
Regulation 17 creates an offence for shipping waste in breach of the requirements of the Community Regulation to manage shipments in an environmentally sound manner and without endangering human health.
Regulations 19 and 20 create offences for failure to comply with the procedural requirements in the Community Regulation that apply to shipments of waste to or from the United Kingdom to or from other member States.
Regulations 21 to 25 create offences for failure to comply with the prohibitions and procedural requirements in the Community Regulation that apply to exports of waste from the United Kingdom to third countries.
Regulations 26 to 31 create offences for failure to comply with the prohibitions and procedural requirements in the Community Regulation that apply to imports of waste into the United Kingdom from third countries.
Regulations 32 to 35 create offences for failure to comply with the procedural requirements in the Community Regulation that apply to the transit of waste through the United Kingdom to and from third countries.
Regulations 36 to 45 create offences for failure to comply with the additional duties in the Community Regulation of notifiers, persons who arrange shipments of waste subject to the general information requirements, operators of facilities, consignees and laboratories in respect of the shipment, recovery or disposal of waste in the United Kingdom.
Regulation 46 amends the Environment Act 1995 (c. 25) to enable the Environment Agency and the Scottish Environment Protection Agency to prescribe fees for the carrying out of their functions under the Community Regulation. Schedule 2 sets out the fees that will apply in England, Wales and Scotland until a charging scheme under that Act takes effect. Schedule 3 sets out the fees that will apply in Northern Ireland. Regulation 47 provides for competent authorities to recover the costs of take-back under Articles 22 and 24 of the Community Regulation.
Schedule 4 sets out the procedure applicable to the application for an approval of a financial guarantee or equivalent insurance.
Regulation 50 provides that the Regulations must be enforced by the competent authorities. Schedule 5 sets out the enforcement powers of competent authorities, authorised persons and officers of Revenue and Customs.
These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC (OJ No L 204, 21.7.1988, p. 37), as amended by Directive 98/48/EC (OJ No L 217, 5.8.1998, p. 18).
A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Hazardous Waste Unit, Ergon House, Horseferry Road, London SW1P 2AL and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.
The Transfrontier Shipment of Waste Regulations 2007