The Transfrontier Shipment of Waste Regulations 2007

1. Introductory Text

2. PART 1 Introduction

   1. 1. Title and commencement

   2. 2. Application

   3. 3. Scope of the Regulations

   4. 4. Interpretation

   5. 5. Meaning of transport and person who transports waste

   6. 6. Competent authorities of destination and dispatch

   7. 7. Competent authority of transit

   8. 8. Correspondent

   9. 9. Notices

   10. 10. Transitional provisions

3. PART 2 Waste management plan

   1. 11. Waste management plan

   2. 12. Public participation procedures

   3. 13. Procedures following public participation

   4. 14. Provision of the plan to competent authorities

   5. 15. Objections to shipments of waste

   6. 16. Waste Management Licensing Regulations 1994 etc.

4. PART 3 General requirements for shipment of waste

   1. 17. Protection of the environment

   2. 18. Compliance with notification etc.

5. PART 4 Shipment of waste within the Community

   1. 19. Requirements for shipments of notifiable waste

   2. 20. Requirements for shipment of waste specified in Article 3(2) and (4)

6. PART 5 Export of waste to third countries

   1. 21. Prohibition on export of waste for disposal other than to EFTA countries

   2. 22. Requirements for export of waste for disposal to EFTA countries

   3. 23. Prohibition on export of certain waste for recovery to non-OECD Decision countries

   4. 24. Requirements for export of waste for recovery to OECD Decision countries

   5. 25. Miscellaneous prohibitions on export of waste

7. PART 6 Import of waste from third countries

   1. 26. Prohibition on the import of waste for disposal

   2. 27. Procedure for import of waste for disposal from a country Party to the Basel Convention

   3. 28. Prohibition on import of waste for recovery

   4. 29. Requirements for import of waste for recovery from or through an OECD Decision country

   5. 30. Requirements for import of waste for recovery from a non-OECD Decision country Party to the Basel Convention

   6. 31. Requirements for import of waste from overseas countries or territories

8. PART 7 Transit of waste

   1. 32. Requirements for transit of waste for disposal

   2. 33. Requirements for transit of waste for recovery: non-OECD Decision countries

   3. 34. Requirements for transit of waste for recovery: OECD Decision countries

   4. 35. Requirements for transit of waste between OECD Decision countries and non-OECD Decision countries

9. PART 8 Additional duties

   1. 36. Illegal shipments of waste brought to a facility

   2. 37. Duties on operators of facilities in respect of notifiable waste

   3. 38. Interim recovery or disposal operations

   4. 39. Duties on operators of facilities in respect of waste subject to general information requirements

   5. 40. Duties on consignees in respect of notifiable waste

   6. 41. Duties on consignees in respect of waste subject to general information requirements

   7. 42. Duties on laboratories

   8. 43. Notifier’s duty to keep documents

   9. 44. Duties on persons who arrange the shipment of waste

   10. 45. Annex VII document

10. PART 9 Miscellaneous

    1. 46. Fees

    2. 47. Costs of take-back etc.

    3. 48. Approval of a financial guarantee

    4. 49. Supply of the financial guarantee

    5. 50. Enforcement bodies

    6. 51. Enforcement powers

    7. 52. Compliance with notices

    8. 53. Obstruction

    9. 54. Falsely obtaining consent etc.

    10. 55. Offences by bodies corporate

    11. 56. Offences by Scottish partnerships

    12. 57. Acts of third parties

    13. 58. Penalties

    14. 59. Fixed penalties

    15. 60. Revocations

11. Signature

12. 1. SCHEDULE 1

       Transitional provisions for shipments to Latvia, Poland, Slovakia, Bulgaria or Romania

       1. 1. Shipments of waste to Latvia

       2. 2. Shipments of waste to Poland

       3. 3. Shipments of waste to Slovakia

       4. 4. Shipments of waste to Bulgaria

       5. 5. Shipments of waste to Romania

    2. SCHEDULE 2

       Transitional fees in Great Britain

       1. 1. Transitional fees payable to the Environment Agency

       2. 2. Transitional fees payable to the Scottish Environment Protection Agency

    3. SCHEDULE 3

       Fees in Northern Ireland

       1. 1. Fees

       2. 2. Notification fee

       3. 3. Shipment fee

    4. SCHEDULE 4

       Application for approval of a financial guarantee

       1. 1. Interpretation

       2. 2. Shipment of waste from the United Kingdom

       3. 3. Import of waste from third countries

    5. SCHEDULE 5

       Enforcement powers

       1. PART 1 Powers of authorised persons

          1. 1. Environment Act 1995 etc. powers

          2. 2. Information notice

          3. 3. Enforcement and prohibition notices

          4. 4. Appeals against enforcement and prohibition notices

          5. 5. Powers to seize waste

          6. 6. Seizure procedures

          7. 7. Requests for assistance from other competent authorities

       2. PART 2 Her Majesty’s Revenue and Customs

          1. 8. Powers of Her Majesty’s Revenue and Customs

       3. PART 3 Take-back etc. of waste

          1. 9. Shipments of waste that cannot be completed

          2. 10. Illegal shipments of waste

          3. 11. Recovery or disposal of illegal shipment

          4. 12. Take-back by the competent authority

    6. SCHEDULE 6

       Form of fixed penalty notices

13. Explanatory Note