The Transfrontier Shipment of Waste (Amendment) Regulations 2008

Title and commencement

1.  These Regulations may be cited as the Transfrontier Shipment of Waste (Amendment) Regulations 2008 and come into force on 5th February 2008.

Amendments

2.  The Transfrontier Shipment of Waste Regulations 2007(1) are amended as follows.

Amendments to regulation 4

3.—(1) In regulation 4(1), after the definition of “authorised person”, insert the following definition—

““Commission Regulation (EC) No 1418/2007” means Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply;”.

(2) At the end of regulation 4, add—

“;

(c) Commission Regulation (EC) No 1418/2007 is a reference to that Regulation as amended from time to time”.

Amendment to regulation 19

4.  In regulation 19(1), after the words “Article 3(1)(a) or (b)”, insert “or Article 3(5)”.

Regulations 23A and 23B

5.  After regulation 23, insert—

“Requirements for export of waste listed in Annex III or IIIA to non-OECD Decision countries

23A.— (1) This regulation applies to waste—

(a) listed in Annex III or IIIA to the Community Regulation; and

(b) the export of which is not prohibited under Article 36.

(2) A person who transports waste destined for recovery in any country listed in the Annex to Commission Regulation (EC) No 1418/2007 (being a country to which the OECD Decision does not apply) commits an offence if he does so in breach of that Regulation.

(3) A person who transports waste destined for recovery in any other country to which the OECD Decision does not apply commits an offence if he does so without complying with the procedure of prior written notification and consent as described in Article 35, in accordance with the second paragraph of Article 37(2).

(4) In either case, he commits an offence if he transports such waste in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Requirements for export of waste classified under more than one entry in Annex III etc. to non-OECD Decision countries

23B.— (1) This regulation applies to waste specified in Article 37(5) that is—

(a) destined for recovery in a country to which the OECD Decision does not apply; and

(b) the export of which is not prohibited under Article 36.

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

(a) without the procedure of prior written notification and consent as described in Article 35 having been complied with in accordance with Article 37(5); or

(b) in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).”.

Joan Ruddock

Parliamentary Under Secretary of State

Department for Environment, Food and Rural Affairs

7th January 2008