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

TITLE I U.K. SCOPE AND DEFINITIONS

Article 1 U.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.

[F1 2. 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 [F2 decommissioned explosives, waste waters or mining waste (see paragraph 6)], where such shipments are already covered by other [F3 retained EU law] containing similar provisions;

(f) shipments of waste from the Antarctic into the [F4 United 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. [F6 In 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 [F10 falling within] the scope of Regulation (EU) No 1257/2013 of the European Parliament and of the Council (3) . ]

4. Shipments of waste from the Antarctic to countries outside the [F11 United Kingdom], which transit through the [F11 United Kingdom], shall be subject to Articles 36 and 49.

F12 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F13 6. 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

F1 Art. 1(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(2); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(3)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(3)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 1(3)(f) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Art. 1(3)(g) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6 Words in Art. 1(3)(g) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7 Inserted by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance).

F8 Words in Art. 1(3)(h) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F9 Inserted by Regulation (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 (Text with EEA relevance).

F10 Words in Art. 1(3)(i) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(3)(e); 2020 c. 1, Sch. 5 para. 1(1)

F11 Words in Art. 1(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(4); 2020 c. 1, Sch. 5 para. 1(1)

F12 Art. 1(5) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(5); 2020 c. 1, Sch. 5 para. 1(1)

F13 Art. 1(6) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 46(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 2 U.K. Definitions

For the purposes of this Regulation:

1.

‘waste’ is as defined in [F14 Article 3(1) of Directive 2008/98/EC];

2.

‘hazardous waste’ is as defined in [F15 Articles 3(2) and 7 of Directive 2008/98/EC];

3.

‘mixture of wastes’ means waste that results from an intentional or unintentional mixing of two or more different wastes and for which mixture no single entry exists in Annexes III, IIIB, IV and IVA. Waste shipped in a single shipment of wastes, consisting of two or more wastes, where each waste is separated, is not a mixture of wastes;

4.

‘disposal’ is as defined [F16 by Article 3(19) of Directive 2008/98/EC];

5.

‘interim disposal’ means disposal operations D 13 to D 15 as defined in [F17 Annex 1 to Directive 2008/98/EC];

6.

‘recovery’ is as defined [F18 by Article 3(15) of Directive 2008/98/EC];

7.

‘interim recovery’ means recovery operations R 12 and R 13 as defined in [F19 Annex 2 to Directive 2008/98/EC];

7a.

‘[F20 re-use’ is as defined in Article 3(13) of Directive 2008/98/EC F21 ...;]

8.

‘environmentally sound management’ means taking all practicable steps to ensure that waste is managed in a manner that will protect human health and the environment against adverse effects which may result from such waste;

9.

‘producer’ is anyone whose activities produce waste (original producer) and/or anyone who carries out pre-processing, mixing or other operations resulting in a change in the nature or composition of this waste (new producer) (as defined in [F22 Article 3(5) of Directive 2008/98/EC]);

10.

‘holder’ is the producer of the waste or the natural or legal person who is in possession of it (and as defined in [F23 Article 3(6) of Directive 2008/98/EC]);

11.

‘collector’ is anyone carrying out waste collection as defined in [F24 Article 3(10) of Directive 2008/98/EC];

12.

‘dealer’ is anyone who acts in the role of principal to purchase and subsequently sell waste, including such dealers who do not take physical possession of the waste, and as referred to in [F25 Article 3(7) of Directive 2008/98/EC];

13.

‘broker’ is anyone arranging the recovery or disposal of waste on behalf of others, including such brokers who do not take physical possession of the waste, as referred to in [F26 Article 3(8) of Directive 2008/98/EC];

14.

‘consignee’ means the person or undertaking under the jurisdiction of the country of destination to whom or to which the waste is shipped for recovery or disposal;

15.

‘notifier’ means:

(a)

in the case of a shipment originating from [F27 the United Kingdom], any natural or legal person under the jurisdiction of [F28 the United Kingdom] who intends to carry out a shipment of waste or intends to have a shipment of waste carried out and to whom the duty to notify is assigned. The notifier is one of the persons or bodies listed below, selected in accordance with the ranking established in this listing:

(i)

the original producer, or

(ii)

the licensed new producer who carries out operations prior to shipment, or

(iii)

a licensed collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single notified location, or

(iv)

a registered dealer who has been authorised in writing by the original producer, new producer or licensed collector specified in (i), (ii) and (iii) to act on his/her behalf as notifier,

(v)

a registered broker who has been authorised in writing by the original producer, new producer or licensed collector specified in (i), (ii) and (iii) to act on his/her behalf as notifier,

(vi)

where all of the persons specified in (i), (ii), (iii), (iv) and (v) if applicable, are unknown or insolvent, the holder.

Should a notifier specified in (iv) or (v) fail to fulfil any of the take-back obligations set out in Articles 22 to 25, the original producer, new producer or licensed collector specified in (i), (ii) or (iii) respectively who authorised that dealer or broker to act on his/her behalf shall be deemed to be the notifier for the purposes of the said take-back obligations. In circumstances of illegal shipment notified by a dealer or broker specified in (iv) or (v), the person specified in (i), (ii) or (iii) who authorised that dealer or broker to act on his/her behalf shall be deemed to be the notifier for the purposes of this Regulation;

(b)

[X1 [F29 in the case of import of waste into, or transit of waste through, the United Kingdom], any of the following natural or legal persons under the jurisdiction of the country of dispatch who intends to carry out a shipment of waste or intends to have, or who has had, a shipment of waste carried out, being either:

(i)

the person designated by the law of the country of dispatch; or, in the absence of any such designation,

(ii)

the holder at the time the export took place;]

16.

‘Basel Convention’ means the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal;

17.

‘OECD Decision’ means Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations;

18.

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19.

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20.

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21.

F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22.

‘country of dispatch’ means any country from which a shipment of waste is planned to be initiated or is initiated;

23.

‘country of destination’ means any country to which a shipment of waste is planned or takes place for recovery or disposal therein, or for the purpose of loading prior to recovery or disposal in an area not under the national jurisdiction of any country;

24.

‘country of transit’ means any country, other than the country of dispatch or destination, through which a shipment of waste is planned or takes place;

25.

‘area under the national jurisdiction of a country’ means any land or marine area within which a state exercises administrative and regulatory responsibility in accordance with international law as regards the protection of human health or the environment;

26.

[F31 ‘overseas countries and territories’ means—

(a)

Anguilla,

(b)

Bermuda,

(c)

British Antarctic Territory,

(d)

British Indian Ocean Territory,

(e)

Cayman Islands,

(f)

Falkland Islands,

(g)

Gibraltar,

(h)

Montserrat,

(i)

Pitcairn, Henderson, Ducie and Oeno Islands,

(j)

St Helena, Ascension and Tristan da Cunha,

(k)

South Georgia and the South Sandwich Islands,

(l)

The Sovereign Base Areas of Akrotiri and Dhekelia,

(m)

Turks and Caicos Islands,

(n)

British Virgin Islands, and

(o)

any overseas country or territory not mentioned above which is listed in Annex 2 to the Treaty on the Functioning of the European Union.]

27.

‘customs office of export from the Community’ is the customs office as defined in Article 161(5) of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(6);

28.

‘customs office of exit from the Community’ is the customs office as defined in Article 793(2) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(7);

29.

‘customs office of entry into the Community’ is the customs office where waste brought into the customs territory of the Community [F32 or into the territory of the EFTA countries] shall be conveyed to in accordance with Article 38(1) of Regulation (EEC) No 2913/92;

30.

‘import’ means any entry of waste into the [F33 United Kingdom] but excluding transit through the [F33 United Kingdom];

31.

‘export’ means the action of waste leaving the [F34 United Kingdom] but excluding transit through the [F34 United Kingdom];

32.

‘transit’ means a shipment of waste or a planned shipment of waste through one or more countries other than the country of dispatch or destination;

33.

‘transport’ means the carriage of waste by road, rail, air, sea or inland waterways;

34.

‘shipment’ means the transport of waste destined for recovery or disposal which is planned or takes place:

(a)

between a country and another country; or

(b)

between a country and overseas countries and territories or other areas, under that country's protection; or

(c)

between a country and any land area which is not part of any country under international law; or

(d)

between a country and the Antarctic; or

(e)

from one country through any of the areas referred to above; or

(f)

within a country through any of the areas referred to above and which originates in and ends in the same country; or

(g)

from a geographic area not under the jurisdiction of any country, to a country;

35.

‘illegal shipment’ means any shipment of waste effected:

(a)

without notification to all competent authorities concerned pursuant to this Regulation; or

(b)

without the consent of the competent authorities concerned pursuant to this Regulation; or

(c)

with consent obtained from the competent authorities concerned through falsification, misrepresentation or fraud; or

(d)

in a way which is not specified materially in the notification or movement documents; or

(e)

in a way which results in recovery or disposal in contravention of [F35 retained EU law] or international rules; or

(f)

contrary to Articles 34, 36, 39, 40, 41 and 43; or

(g)

which, in relation to shipments of waste as referred to in Article 3(2) and (4), has resulted from:

(i)

the waste being discovered not to be listed in Annexes III, IIIA or IIIB, or

(ii)

non-compliance with Article 3(4),

(iii)

the shipment being effected in a way which is not specified materially in the document set out in Annex VII[F36 ;]

35a.

[F20 ‘inspection’ means actions undertaken by the authorities involved to ascertain whether an establishment, an undertaking, a broker, a dealer, a shipment of waste or the related recovery or disposal complies with the relevant requirements set out in this Regulation.]

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

F14 Words in Art. 2(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(2); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 2(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(3); 2020 c. 1, Sch. 5 para. 1(1)

F16 Words in Art. 2(4) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(4); 2020 c. 1, Sch. 5 para. 1(1)

F17 Words in Art. 2(5) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(5); 2020 c. 1, Sch. 5 para. 1(1)

F18 Words in Art. 2(6) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(6); 2020 c. 1, Sch. 5 para. 1(1)

F19 Words in Art. 2(7) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(7); 2020 c. 1, Sch. 5 para. 1(1)

F20 Inserted 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.

F21 Words in Art. 2(7a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(8); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 2(9) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(9); 2020 c. 1, Sch. 5 para. 1(1)

F23 Words in Art. 2(10) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(10); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 2(11) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(11); 2020 c. 1, Sch. 5 para. 1(1)

F25 Words in Art. 2(12) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(12); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 2(13) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(13); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 2(15)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(14)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 2(15)(a) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(14)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 2(15)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(14)(b); 2020 c. 1, Sch. 5 para. 1(1)

F30 Art. 2(18)-(21) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(15); 2020 c. 1, Sch. 5 para. 1(1)

F31 Art. 2(26) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(16); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 2(29) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(17); 2020 c. 1, Sch. 5 para. 1(1)

F33 Words in Art. 2(30) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(18); 2020 c. 1, Sch. 5 para. 1(1)

F34 Words in Art. 2(31) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(19); 2020 c. 1, Sch. 5 para. 1(1)

F35 Words in Art. 2(35)(e) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 47(20); 2020 c. 1, Sch. 5 para. 1(1)

F36 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.

[F37 Article 2A U.K. Meaning of “Directive 2008/98/EC”

1. In this Regulation, “Directive 2008/98/EC” means (except in the expression “Directive 2008/98/EC as amended from time to time”) Directive 2008/98/EC as amended by—

(a) Commission Regulation (EU) No 1357/2014 (1);

(b) Commission Directive (EU) 2015/1127(2); and

(c) Council Regulation (EU) 2017/997(3),

and read in accordance with paragraphs 2 to 6.

2. Article 2 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 2—

(i) in the words before point (a), for “other Community legislation” there were substituted “retained EU law”;

(ii) for point (d), in relation to Scotland, there were substituted—

“(d) extractive waste, which has the same meaning as in regulation 2(1) of the Management of Extractive Waste (Scotland) Regulations 2010(4).”;

(iii for point (d), in relation to Northern Ireland, there were substituted—

“(d) extractive waste, which has the same meaning as in regulation 2(2) of the Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015(5).”;

(b) after paragraph 2 there were inserted—

“2A. In paragraph 2(d), as it relates to England and Wales, “Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries(6)” means Directive 2006/21/EC read as if—

(a) in Article 2 of Directive 2006/21/EC—

(i) in paragraph 2(c), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy(7)” had the meaning given in paragraph 2B;

(ii) paragraphs 3 and 4 were omitted;

(b) in Article 3(1) of Directive 2006/21/EC, for “Article 1(a) of Directive 75/442/EC” there were substituted “Article 3(1) of Directive 2008/98/EC”.

2B. For the purposes of paragraph 2A(a)(i), “Article 11(3)(j) of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy” means Article 11(3)(j) of Directive 2000/60/EC read as if—

(a) the reference to “Member States” were a reference to—

(i) in relation to England, the Secretary of State or the Environment Agency;

(ii) in relation to Northern Ireland, the Department of Agriculture, Environment and Rural Affairs;

(iii) in relation to Scotland, the Scottish Ministers or the Scottish Environment Protection Agency;

(iv) in relation to Wales, the Welsh Ministers or the Natural Resources Body for Wales;

(b) in the words after the final indent, “environmental objectives”—

(i) in relation to the Northumbria River Basin District, means the objectives referred to in the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017) as applied by regulation 5 of the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 (S.I. 2003/3245);

(ii) in relation to the Solway Tweed River Basin District, has the same meaning as in regulation 2 of the Water Environment (Water Framework Directive) (Solway Tweed River Basin District) Regulations 2004;

(iii) in relation to a river basin district within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, has the same meaning as in those regulations.”.

3. Article 5 of Directive 2008/98/EC is to be read as if paragraph 2 were omitted.

4. Article 6 of Directive 2008/98/EC is to be read as if—

(a) paragraphs 1 to 3 were omitted;

(b) in paragraph 4—

(i) in the first sentence, for the words from the beginning to “Member States” there were substituted “Except where Council Regulation (EU) No 333/2011, Commission Regulation (EU) No 1179/2012 or Commission Regulation (EU) No 715/2013 applies, the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007”;

(ii) the second sentence were omitted.

5. Article 7 of Directive 2008/98/EC is to be read as if—

(a) in paragraph 1—

(i) the first and second sentences were omitted;

(ii) in the third sentence, for “shall be binding” there were substituted “shall, subject to paragraph 1A, be binding”;

(b) after paragraph 1, there were inserted—

“1A.

Paragraph 1 is subject to—

(a) a determination by the Secretary of State under regulation 8(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 8(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs under regulation 9(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as hazardous waste;

(b) a decision made by the Secretary of State under regulation 9(1) of the Hazardous Waste (England and Wales) Regulations 2005, or by the Welsh Ministers under regulation 9(1) of the Hazardous Waste (Wales) Regulations 2005, or by the Department of Agriculture, Environment and Rural Affairs under regulation 10(1) of the Hazardous Waste Regulations (Northern Ireland) 2005, that a specific batch of waste is to be treated as non-hazardous waste;

(c) the treating of a specific batch of waste as hazardous or, as the case may be, non-hazardous, in accordance with regulations 8(2) or 9(2) of the Hazardous Waste (England and Wales) Regulations 2005, regulations 8(2) or 9(2) of the Hazardous Waste (Wales) Regulations 2005 or regulations 9(2) or 10(2) of the Hazardous Waste Regulations (Northern Ireland) 2005;

(d) regulations (if any) made by the Secretary of State under section 62A(1) of the Environmental Protection Act 1990 or by the Welsh Ministers under section 62A(2) of that Act (lists of waste displaying hazardous properties);

(e) a determination by the Scottish Ministers that a specific batch or type of waste—

(i) is to be treated as hazardous waste because the Scottish Ministers consider that the waste displays one or more of the hazardous properties listed in Annex 3;

(ii) is to be treated as non-hazardous waste because the Scottish Ministers consider that the waste displays none of the hazardous properties listed in Annex 3.”;

(c) paragraphs 2, 3 and 5 were omitted;

(d) after paragraph 6, there were inserted—

“6A.

In this Article, the “list of waste” means the list established by Commission Decision 2000/532/EC.”;

(e) paragraph 7 were omitted.

6. Annex 3 to Directive 2008/98/EC is to be read as if—

(a) in the entry for HP 9, in the second sentence, “in the Member States” were omitted;

(b) in the entry for HP 15, in the sentence immediately after Table 9, for “Member States” there were substituted “the competent authority of destination and dispatch determined in accordance with regulation 6 of the Transfrontier Shipment of Waste Regulations 2007”.

Textual Amendments

F37 Arts. 2A-2C inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 48; 2020 c. 1, Sch. 5 para. 1(1)

Article 2B U.K. References to EU country, non-EU country, EFTA country and third country

In this Regulation—

(a) a reference to an EU country is a reference to a country which is a member State on exit day;

(b) a reference to a non-EU country is a reference to a country other than the United Kingdom which is not a member State on exit day;

(c) a reference to an EFTA country is a reference to a non-EU country which is a party to the EEA agreement on exit day;

(d) a reference to a third country is a reference to a country other than the United Kingdom.

Textual Amendments

F37 Arts. 2A-2C inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 48; 2020 c. 1, Sch. 5 para. 1(1)

Article 2C U.K. References to competent authority

1. n this Regulation, a reference to the ‘competent authority’—

(a) in relation to the United Kingdom, is to be read in accordance with paragraphs 3 and 4;

(b) in relation to an EU country, is a reference to the body designated by that country in accordance with Article 53 of Regulation (EC) No. 1013/2006 as it has effect in EU law as amended from time to time; or

(c) in relation to a non-EU country that is a Party to the Basel Convention, is a reference to the body designated by that country as the competent authority in accordance with Article 5 of the Convention; or

(d) in relation to any country not referred to in points (a) to (c), is a reference to the body that has been designated as the competent authority by the country or region concerned or, in the absence of such designation, the regulatory authority for the country or region, as appropriate, which has jurisdiction over shipments of waste for recovery or disposal or transit (as the case may be).

2. In this Regulation—

(a) ‘competent authority of dispatch’ means the competent authority for the area from which the shipment is planned to be initiated or is initiated;

(b) ‘competent authority of destination’ means the competent authority for the area to which the shipment is planned or takes place, or in which waste is loaded prior to recovery or disposal in an area not under the national jurisdiction of any country;

(c) ‘competent authority of transit’ means the competent authority for any country, other than that of the competent authority of dispatch or destination, through which the shipment is planned or takes place.

3. The competent authority of dispatch, or the competent authority of destination, in the United Kingdom is—

(a) where the area concerned is in England or the English area, the Environment Agency;

(b) where the area concerned is in Wales or the Welsh area, the Natural Resources Body for Wales;

(c) where the area concerned is in Scotland or the Scottish area, the Scottish Environment Protection Agency;

(d) where the area concerned is in Northern Ireland or the Northern Irish area, the Department of Agriculture, Environment and Rural Affairs,

and “English area”, “Welsh area”, “Scottish area” and “Northern Irish area” have the meanings given by regulation 4(1) of the Transfrontier Shipment of Waste Regulations 2007.

4. The competent authority of transit in the United Kingdom is the Environment Agency.]

Textual Amendments

F37 Arts. 2A-2C inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 48; 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 35, 12.2.1992, p. 24.

(2)

[F7 OJ L 140, 5.6.2009, p. 114 .]

(3)

[F9 Regulation (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 .).]

(4)

OJ L 377, 31.12.1991, p. 20. Directive as amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28).

(5)

[F20 Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives ( OJ L 312, 22.11.2008, p. 3 ).]

(6)

OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13).

(7)

OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 215/2006 (OJ L 38, 9.2.2006, p. 11).

Textual Amendments

F7 Inserted by Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (Text with EEA relevance).

F9 Inserted by Regulation (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 (Text with EEA relevance).

F20 Inserted 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.