Article 43 Imports prohibited except from an OECD Decision country or 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

All imports into the F1United Kingdom of waste destined for recovery shall be prohibited except those from:

(a)

countries to which the OECD Decision applies; or

(b)

other countries which are Parties to the Basel Convention; or

(c)

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

(d)

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

X1(e)

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

In exceptional cases, F6the Secretary of State may conclude bilateral agreements and arrangements for the recovery 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.

In such cases Article 41(2) shall apply.

Bilateral or multilateral agreements or arrangements entered into in accordance with paragraph 1(c) and (d) shall be based upon the procedural requirements of Article 42 in so far as may be relevant.

Annotations

Textual amendments

F1: Words in Art. 43(1) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 43(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Art. 43(1)(c) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4: Word in Art. 43(1)(c) 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)(f)
F5: Words in Art. 43(1)(d) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(2)(c); 2020 c. 1, Sch. 5 para. 1(1)
F6: Words in Art. 43(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F7: Words in Art. 43(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 83(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Editorial notes

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).

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)