Article 37 Procedures when exporting waste listed in Annex III or IIIA
United Kingdom
In the case of waste which is listed in Annex III or IIIA and the export of which is not prohibited under Article 36, the F1Secretary of State may, send a written request to each F2non-EU country to which the OECD Decision does not apply, seeking:
- (i)
confirmation in writing that the waste may be exported from the F3United Kingdom for recovery in that country, and
- (ii)
an indication as to which control procedure, if any, would be followed in the country of destination.
Each F4non-EU country to which the OECD Decision does not apply shall be given the following options:
- (a)
a prohibition; or
- (b)
a procedure of prior written notification and consent as described in Article 35; or
- (c)
no control in the country of destination.
F5The Secretary of State may, by regulations, amend Commission Regulation (EC) No 1418/2007 in order to take into account any replies received pursuant to paragraph 1 on or after exit day.
If a country has not issued a confirmation as referred to in paragraph 1 or if a country for any reason has not been contacted, paragraph 1(b) shall apply.
F6...
If a country indicates in its reply that certain shipments of waste are not subject to any control, Article 18 shall apply mutatis mutandis to such shipments.
Where waste is exported, it shall be destined for recovery operations within a facility which, under applicable national law, is operating or is authorised to operate in the country of destination.
In the case of a shipment of waste not classified under one single entry in Annex III or a shipment of mixtures of wastes not classified under one single entry in Annex III or IIIA or a shipment of waste classified in Annex IIIB, and provided that the export is not prohibited pursuant to Article 36, paragraph 1(b) of this Article shall apply.
For the purposes of this Article, Liechtenstein shall be deemed to be a country to which the OECD Decision applies.
Annotations
Textual amendments
- F1
Words in Art. 37(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Word in Art. 37(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Words in Art. 37(1)(i) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Word in Art. 37(1) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 37(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Words in Art. 37(2) omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F7
Art. 37(6) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 75(3); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Title IV
Textual amendments
- F1
Words in Title 4 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 70; 2020 c. 1, Sch. 5 para. 1(1)
Notes on Section 1
Textual amendments
- F1
Word in Title 4, Ch. 2, s. 1 heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 73; 2020 c. 1, Sch. 5 para. 1(1)