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

CHAPTER 5 U.K. General administrative provisions

Article 26 U.K. Format of the communications

1. The information and documents listed below may be submitted by post:

(a) notification of a planned shipment pursuant to Articles 4 and 13;

(b) request for information and documentation pursuant to Articles 4, 7 and 8;

(c) submission of information and documentation pursuant to Articles 4, 7 and 8;

(d) written consent to a notified shipment pursuant to Article 9;

(e) conditions for a shipment pursuant to Article 10;

(f) objections to a shipment pursuant to Articles 11 and 12;

(g) information on decisions to issue pre-consents to specific recovery facilities pursuant to Article 14(3);

(h) written confirmation of receipt of the waste pursuant to Articles 15 and 16;

(i) certificate for recovery or disposal of the waste pursuant to Articles 15 and 16;

(j) prior information regarding actual start of the shipment pursuant to Article 16;

(k) information on changes in the shipment after consent pursuant to Article 17; and

(l) written consents and movement documents to be sent pursuant to Titles IV, V and VI.

2. Subject to the agreement of the competent authorities concerned and the notifier, the documents referred to in paragraph 1 may alternatively be submitted using any of the following methods of communication:

(a) by fax; or

(b) by fax followed by post; or

(c) by e-mail with digital signature. In this case, any stamp or signature required shall be replaced by the digital signature; or

(d) by e-mail without digital signature followed by post.

3. The documents to accompany each transport in accordance with Article 16(c) and Article 18 may be in an electronic form with digital signatures if they can be made readable at any time during the transport and if this is acceptable to the competent authorities concerned.

[F1 4. Subject to the agreement of the competent authorities concerned and of the notifier, the information and documents listed in paragraph 1 may be submitted and exchanged by means of electronic data interchange with electronic signature or electronic authentication in accordance with [F2 Regulation (EU) No 910/2014], or a comparable electronic authentication system which provides the same level of security.

[F3 5. The Secretary of State may, if the condition in paragraph 6 is met, make regulations setting out the technical and organisational requirements for the practical implementation of electronic data interchange for the submission of documents and information with a view to facilitating the implementation of paragraph 4.

6. The condition is that the Secretary of State—

(a) has taken into consideration any relevant international standards, and

(b) is satisfied that the requirements set out in the regulations are in conformity with Regulation (EU) No 910/2014 or provide at least the same level of security as provided for under that Regulation.]]

Textual Amendments

F1 Substituted by Regulation (EU) No 660/2014 of the European Parliament and of the Council of 15 May 2014 amending Regulation (EC) No 1013/2006 on shipments of waste.

F2 Words in Art. 26(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 63; 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 26(5)(6) substituted for words in Art. 26(4) (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(2); 2020 c. 1, Sch. 5 para. 1(1)

Article 27 U.K. Language

1. Any notification, information, documentation or other communication submitted pursuant to the provisions of this Title shall be supplied in a language acceptable to the competent authorities concerned.

2. The notifier shall provide the competent authorities concerned with authorised translation(s) into a language which is acceptable to them, should they so request.

Article 28 U.K. Disagreement on classification issues

1. If the competent authorities of dispatch and of destination cannot agree on the classification as regards the distinction between waste and non-waste, the subject matter shall be treated as if it were waste. This shall be without prejudice to the right of the country of destination to deal with the shipped material in accordance with its national legislation, following arrival of the shipped material and where such legislation is in accordance with [F4 retained EU] or international law.

2. If the competent authorities of dispatch and of destination cannot agree on the classification of the notified waste as being listed in Annex III, IIIA, IIIB or IV, the waste shall be regarded as listed in Annex IV.

3. If the competent authorities of dispatch and destination cannot agree on the classification of the waste treatment operation notified as being recovery or disposal, the provisions regarding disposal shall apply.

4. Paragraphs 1 to 3 shall apply only for the purposes of this Regulation, and shall be without prejudice to rights of interested parties to resolve any dispute related to these questions before a court of law or tribunal.

Textual Amendments

F4 Words in Art. 28(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 64; 2020 c. 1, Sch. 5 para. 1(1)

Article 29 U.K. Administrative costs

Appropriate and proportionate administrative costs of implementing the notification and supervision procedures and usual costs of appropriate analyses and inspections may be charged to the notifier.

F5 Article 30 U.K. Border-area agreements

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Textual Amendments

F5 Art. 30 omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 65; 2020 c. 1, Sch. 5 para. 1(1)