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

TITLE V U.K. IMPORTS F1 ... FROM THIRD COUNTRIES

CHAPTER 1 U.K. Imports of waste for disposal

Article 41 U.K. Imports prohibited except from a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war

1. Imports into the [F2 United Kingdom] of waste destined for disposal shall be prohibited except those from:

(a) countries which are Parties to the Basel Convention; or

(b) other countries with which the [F3 United Kingdom has] concluded bilateral or multilateral agreements or arrangements compatible with [F4 retained EU law] and in accordance with Article 11 of the Basel Convention; or

(c) other countries with which [F5 the United Kingdom has] concluded bilateral agreements or arrangements in accordance with paragraph 2; or

(d) other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act.

2. In exceptional cases, [F6 the Secretary of State] may conclude bilateral agreements and arrangements for the disposal of specific waste in [F7 the United Kingdom], where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.

These agreements and arrangements shall be compatible with [F8 retained EU law] and in accordance with Article 11 of the Basel Convention.

These agreements and arrangements shall guarantee that the disposal operations will be carried out in an authorised facility and will comply with the requirements for environmentally sound management.

These agreements and arrangements shall also guarantee that the waste is produced in the country of dispatch and that disposal will be carried out exclusively in the [F9 United Kingdom].

F10 ...

3. Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(b) and (c) shall be based upon the procedural requirements of Article 42.

4. The countries referred to in paragraph 1(a), (b) and (c) shall be required to present a prior duly reasoned request to the competent authority of F11 ... destination on the basis that they do not have and cannot reasonably acquire the technical capacity and the necessary facilities in order to dispose of the waste in an environmentally sound manner.

Textual Amendments

F2 Words in Art. 41(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 41(1)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 41(1)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 41(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 41(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 41(4) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(4); 2020 c. 1, Sch. 5 para. 1(1)

Article 42 U.K. Procedural requirements for imports from a country Party to the Basel Convention or from other areas during situations of crisis or war

1. Where waste is imported into the [F12 United Kingdom] and destined for disposal from countries Parties to the Basel Convention, the provisions of Title II shall apply F13 ..., with the adaptations and additions listed in [F14 paragraph 2].

2. The following adaptations shall apply:

(a) the competent authority of transit [F15 in any non-EU country] shall have 60 days following the date of transmission of its acknowledgement of receipt of the notification in which to request additional information on the notified shipment, to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties thereof in accordance with Article 6(4) of the Basel Convention, tacit consent or to give a written consent with or without conditions; and

(b) in the cases referred to in Article 41(1)(d) involving situations of crisis, peacemaking, peacekeeping or war, the consent of the competent authorities of dispatch shall not be required.

F16 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The shipment may take place only if:

(a) the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit and if the conditions laid down are met;

(b) a contract between the notifier and consignee has been concluded and is effective, as required in the second subparagraph, point 4 of Article 4 and in Article 5;

(c) a financial guarantee or equivalent insurance has been established and is effective, as required in the second subparagraph, point 5 of Article 4 and in Article 6; and

(d) environmentally sound management, as referred to in Article 49, is ensured.

[F17 5. If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a) where the discovery of the waste is not in the area of the competent authority of destination in the United Kingdom, without delay inform the competent authority of destination; and

(b) ensure detention of the waste until the competent authority of destination has decided otherwise and, where the discovery is not in the area of the relevant authority, has communicated that decision in writing to the relevant authority.

6. In paragraph 5—

• “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

• “relevant authority” has the meaning given in Article 35(7).]

Textual Amendments

F12 Words in Art. 42(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 42(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 42(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 42(2)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(3); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 42(3) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(4); 2020 c. 1, Sch. 5 para. 1(1)

F17 Art. 42(5)(6) substituted for Art. 42(5) (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 82(5); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 2 U.K. Imports of waste for recovery

Article 43 U.K. Imports prohibited except from an OECD Decision country or a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war

1. All imports into the [F18 United Kingdom] of waste destined for recovery shall be prohibited except those from:

(a) countries to which the OECD Decision applies; or

(b) other countries which are Parties to the Basel Convention; or

(c) other countries with which the [F19 United Kingdom has] concluded bilateral or multilateral agreements or arrangements compatible with [F20 retained EU law] and in accordance with Article 11 of the Basel Convention; or

(d) other countries with which [F21 the United Kingdom has] concluded bilateral agreements or arrangements in accordance with paragraph 2; or

[X1 (e ) other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (c) or (d) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act.]

2. In exceptional cases, [F22 the Secretary of State] may conclude bilateral agreements and arrangements for the recovery of specific waste in [F23 the United Kingdom], where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.

In such cases Article 41(2) shall apply.

3. Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(c) and (d) shall be based upon the procedural requirements of Article 42 in so far as may be relevant.

Editorial Information

X1 Substituted by Corrigendum to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (Official Journal of the European Union L 190 of 12 July 2006).

Textual Amendments

F18 Words in Art. 43(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 43(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 43(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 43(1)(d) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 43(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 43(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Article 44 U.K. Procedural requirements for imports from an [F24 EU or] OECD Decision country or from other areas during situations of crisis or war

1. Where waste destined for recovery is imported into the [F25 United Kingdom] from [F26 or through an EU country or country] to which the OECD Decision applies, the provisions of Title II shall apply F27 ..., with the adaptations and additions listed in [F28 paragraph 2].

2. The following adaptations shall apply:

(a) the consent as required in accordance with Article 9 may be provided in the form of tacit consent from the competent authority of dispatch [F29 in any non-EU country];

(b) [F30 where waste is imported from a non-EU country to which the OECD Decision applies, with or without transit via another country,] prior written notification in accordance with Article 4 may be submitted by the notifier; and

(c) in the cases referred to in Article 43(1)(e) involving situations of crisis, peacemaking, peacekeeping or war, the consent of the competent authorities of dispatch shall not be required.

F31 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4. The shipment may take place only if:

(a) the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit or if tacit consent from the competent authority of dispatch [F32 in any non-EU country] is provided or can be assumed and if the conditions laid down are met;

(b) a contract between the notifier and consignee has been concluded and is effective, as required in the second subparagraph, point 4 of Article 4 and in Article 5;

(c) a financial guarantee or equivalent insurance has been established and is effective, as required in the second subparagraph, point 5 of Article 4 and in Article 6; and

(d) environmentally sound management, as referred to in Article 49, is ensured.

[F33 5. If a general customs official discovers an illegal shipment, the official shall without delay inform the relevant authority which shall—

(a) where the discovery of the waste is not in the area of the competent authority of destination in the United Kingdom, without delay inform the competent authority of destination; and

(b) ensure detention of the waste until the competent authority of destination has decided otherwise and, where the discovery is not in the area of the relevant authority, has communicated that decision in writing to the relevant authority.

6. In paragraph 5—

• “general customs official” means a general customs official designated under section 3(1) of the Borders, Citizenship and Immigration Act 2009;

• “relevant authority” has the meaning given in Article 35(7).]

Textual Amendments

F24 Words in Art. 44 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(2); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 44(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 44(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 44(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 44(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 44(2)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 44(2)(b) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

F31 Art. 44(3) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(5); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 44(4)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(6); 2020 c. 1, Sch. 5 para. 1(1)

F33 Art. 44(5)(6) substituted for Art. 44(5) (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 84(7); 2020 c. 1, Sch. 5 para. 1(1)

Article 45 U.K. Procedural requirements for imports from a [F34 non-EU,] non-OECD Decision country Party to the Basel Convention or from other areas during situations of crisis or war

Where waste destined for recovery is imported into the [F35 United Kingdom]:

(a)

from a [F36 on-EU] country to which the OECD Decision does not apply; or

(b)

through any [F37 non-EU] country to which the OECD Decision does not apply and which is also Party to the Basel Convention,

Article 42 shall apply mutatis mutandis.

Textual Amendments

F34 Word in Art. 45 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(2); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 45 substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(3); 2020 c. 1, Sch. 5 para. 1(1)

F36 Word in Art. 45(a) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(4); 2020 c. 1, Sch. 5 para. 1(1)

F37 Word in Art. 45(b) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 85(5); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER 3 U.K. General provisions

Article 46 U.K. Imports from overseas countries or territories

1. Where waste is imported into the [F38 United Kingdom] from overseas countries or territories, Title II shall apply F39 ....

2. One or more overseas countries and territories [F40 listed in points (a) to (n) of Article 2(26) and the United Kingdom] may apply national procedures to shipments from the overseas country or territory to [F41 the United Kingdom].

3. [F42 Where paragraph 2 applies, the Secretary of State shall notify the Secretariat of the Basel Convention] of the national procedures applied.

Textual Amendments

F38 Words in Art. 46(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F39 Words in Art. 46(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F40 Words in Art. 46(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F41 Words in Art. 46(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F42 Words in Art. 46(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 86(4); 2020 c. 1, Sch. 5 para. 1(1)

Textual Amendments

F1 Words in Title 5 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 80; 2020 c. 1, Sch. 5 para. 1(1)