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TITLE IU.K.SCOPE AND DEFINITIONS

Article 1U.K.Scope

1.This Regulation establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.

[F12.This Regulation shall apply to shipments of waste—

(a)exported from the United Kingdom to a third country, with or without transit through another third country (see Titles 2 and 4, read together);

(b)imported into the United Kingdom from a third country, with or without transit through another third country (see Titles 2 and 5, read together);

(c)from one third country to another with transit through the United Kingdom (see Titles 2 and 6, read together);

(d)from one place in the United Kingdom to another with transit through a third country (see Articles 31 and 32)].

3.The following shall be excluded from the scope of this Regulation:

(a)the offloading to shore of waste, including waste water and residues, generated by the normal operation of ships and offshore platforms, provided that such waste is subject to the requirements of the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978 relating thereto (Marpol 73/78), or other binding international instruments;

(b)waste generated on board vehicles, trains, aeroplanes and ships, until such waste is offloaded in order to be recovered or disposed of;

(c)shipments of radioactive waste as defined in Article 2 of Council Directive 92/3/Euratom of 3 February 1992 on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community(1);

(d)shipments which are subject to the approval requirements of Regulation (EC) No 1774/2002;

(e)shipments of [F2decommissioned explosives, waste waters or mining waste (see paragraph 6)], where such shipments are already covered by other [F3retained EU law] containing similar provisions;

(f)shipments of waste from the Antarctic into the [F4United Kingdom] which are in accordance with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty (1991);

(g)imports F5... of waste generated by armed forces or relief organisations in situations of crisis, peacemaking or peacekeeping operations where such waste is shipped, by the armed forces or relief organisations concerned or on their behalf, directly or indirectly to the country of destination. [F6In such cases, the competent authority of destination and the competent authority of transit in the United Kingdom shall be informed in advance concerning the shipment and its destination;]

[F7(h ) shipments of CO 2 for the purposes of geological storage in accordance with [F8

(i)Directive 2009/31/EC as amended from time to time; or

(ii)Chapter 3 of Part 1 of the Energy Act 2008 and any other legislation which, immediately before exit day, implemented Directive 2009/31/EC;]]

[F9(i ) ships [F10falling within] the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council (2) . ]

4.Shipments of waste from the Antarctic to countries outside the [F11United Kingdom], which transit through the [F11United Kingdom], shall be subject to Articles 36 and 49.

F125.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F136.In paragraph 3(e), ‘decommissioned explosives, waste waters or mining waste’ means the waste referred to in paragraph 1(e) or 2(a) or (d) of Article 2 of Directive 2008/98/EC.]

Textual Amendments

(2)

[F9Regulation (EU) No 1257/2013 of the European Parliament and of the Council of 20 November 2013 on ship recycling and amending Regulation (EC) No 1013/2006 and Directive 2009/16/EC ( OJ L 330, 10.12.2013, p. 1 .).]