OpenLegislation

Article 41 Imports prohibited except from a country Party to the Basel Convention or with an agreement in place or from other areas during situations of crisis or war

United Kingdom

Original text. Later amendments are not shown.

1.

Imports into the F1United Kingdom of waste destined for disposal shall be prohibited except those from:

(a)

countries which are Parties to the Basel Convention; or

(b)

other countries with which the F2United Kingdom has concluded bilateral or multilateral agreements or arrangements compatible with F3F4assimilated law and in accordance with Article 11 of the Basel Convention; or

(c)

other countries with which F5the United Kingdom has concluded bilateral agreements or arrangements in accordance with paragraph 2; or

(d)

other areas in cases where, on exceptional grounds during situations of crisis, peacemaking, peacekeeping or war, no bilateral agreements or arrangements pursuant to points (b) or (c) can be concluded or where a competent authority in the country of dispatch has either not been designated or is unable to act.

2.

In exceptional cases, F6the Secretary of State may conclude bilateral agreements and arrangements for the disposal of specific waste in F7the United Kingdom, where such waste will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of dispatch.

These agreements and arrangements shall be compatible with F8F9assimilated law and in accordance with Article 11 of the Basel Convention.

These agreements and arrangements shall guarantee that the disposal operations will be carried out in an authorised facility and will comply with the requirements for environmentally sound management.

These agreements and arrangements shall also guarantee that the waste is produced in the country of dispatch and that disposal will be carried out exclusively in the F10United Kingdom.

F11...

3.

Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(b) and (c) shall be based upon the procedural requirements of Article 42.

4.

The countries referred to in paragraph 1(a), (b) and (c) shall be required to present a prior duly reasoned request to the competent authority of F12... destination on the basis that they do not have and cannot reasonably acquire the technical capacity and the necessary facilities in order to dispose of the waste in an environmentally sound manner.

Annotations

Textual amendments

F1

Words in Art. 41(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in Art. 41(1)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in Art. 41(1)(b) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4

Word in Art. 41(1)(b) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 73(2)(e)

F5

Words in Art. 41(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

F6

Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F7

Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F8

Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F9

Word in Art. 41(2) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 15 para. 73(2)(e)

F10

Words in Art. 41(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(c); 2020 c. 1, Sch. 5 para. 1(1)

F11

Words in Art. 41(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(3)(d); 2020 c. 1, Sch. 5 para. 1(1)

F12

Words in Art. 41(4) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 81(4); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Title V

Textual amendments

F1

Words in Title 5 heading omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 80; 2020 c. 1, Sch. 5 para. 1(1)