Article 49 Protection of the environment
United Kingdom
The producer, the notifier and other undertakings involved in a shipment of waste and/or its recovery or disposal shall take the necessary steps to ensure that any waste they ship is managed without endangering human health and in an environmentally sound manner throughout the period of shipment and during its recovery and disposal. F1...
F2In the case of an export from the United Kingdom to a non-EU country, the competent authority of dispatch in the United Kingdom shall:
require and endeavour to secure that any waste exported is managed in an environmentally sound manner throughout the period of shipment, including recovery as referred to in Articles 36 and 38 or disposal as referred to in Article 34, in the F3... country of destination;
prohibit an export of waste F4... if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a).
Environmentally sound management may, inter alia, be assumed as regards the waste recovery or disposal operation concerned, if the notifier or the competent authority in the country of destination can demonstrate that the facility which receives the waste will be operated in accordance with human health and environmental protection standards that are broadly equivalent to standards established in F5F6assimilated law.
This assumption shall, however, be without prejudice to the overall assessment of environmentally sound management throughout the period of shipment and including recovery or disposal in the F7... country of destination.
For the purposes of seeking guidance on environmentally sound management, the guidelines listed in Annex VIII may be considered.
F8In the case of an import into the United Kingdom from a non-EU country, the competent authority of destination in the United Kingdom shall:
require and take the necessary steps to ensure that any waste shipped into its area of jurisdiction is managed without endangering human health and without using processes or methods which could harm the environment F9... throughout the period of shipment, including recovery or disposal in the country of destination;
prohibit an import of waste F10... if it has reason to believe that the waste will not be managed in accordance with the requirements of point (a).
Annotations
Textual amendments
- F1
Words in Art. 49(1) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(2); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Words in Art. 49(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in Art. 49(2)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Words in Art. 49(2)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
- F5
Words in Art. 49(2) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F6
Word in Art. 49(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)(g)
- F7
Word in Art. 49(2) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(3)(c); 2020 c. 1, Sch. 5 para. 1(1)
- F8
Words in Art. 49(3) substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(4)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F9
Words in Art. 49(3)(a) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(4)(b); 2020 c. 1, Sch. 5 para. 1(1)
- F10
Words in Art. 49(3)(b) omitted (31.12.2020) by virtue of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 90(4)(c); 2020 c. 1, Sch. 5 para. 1(1)