Regulation 4 Multiple consignments to a Member State

(1)

Where a holder intends, within any period of twelve months, to transport, or to cause or permit to be transported, more than one consignment of hazardous waste from Great Britain to a Member State of destination and—

(a)

each consignment will consist of hazardous waste having essentially the same physical and chemical characteristics;

(b)

each consignment is to be transported to the same consignee;

(c)

entry is to be made with Her Majesty’s Commissioners of Customs and Excise at the same port in respect of each consignment; and

(d)

clearance is to be sought for each consignment at the same customs office of entry in the Member State of destination and in any Member State of transit, and at the same customs office of exit from any Member State of transit,

regulation 3 shall not apply if, before the first consignment is removed from the premises at which it was produced, or at which it is stored, the holder has complied with the requirements of paragraph (2), and if, before each consignment is removed from the premises at which it was produced, or at which it is stored, the holder has complied with the requirements of paragraph (3).

(2)

The requirements of this paragraph are that the holder has—

(a)

entered into a contract with the consignee for the disposal of all the consignments;

(b)

sent to the competent authority of the Member State of destination a consignment note, which comprises copies 1 and 2 completed with respect to the transport of all the consignments, and separate forms of copy 3 completed as respects each of the proposed consignments;

(c)

sent a photocopy of the completed copy 1 of the note to—

(i)

the disposal authority for any area in which the consignments are, or will be, located immediately before being transported;

(ii)

the disposal authority for the area in which is situated the port through which the consignments are to leave Great Britain;

(iii)

the Department of the Environment for Northern Ireland, where the consignments are to be transported through Northern Ireland;

(iv)

the competent authority of any Member State of transit; and

(v)

any third state of transit;

(d)

received acknowledgement of the consignment note from the competent authority referred to in sub-paragraph (b);

(e)

either—

(i)

been informed by the disposal authority or by each of the disposal authorities mentioned in sub-paragraph (c)(i) that it makes no objection under regulation 22; or

(ii)

received no such objection from any such disposal authority within the period of 20 days from the date on which a photocopy of copy 1 of the consignment note was received by that authority; and

(f)

complied with any conditions as to the supply of information about the consignments imposed under Article 5(2) of the Directive by—

(i)

the competent authority of the Member State of destination; or

(ii)

the competent authority of any Member State of transit.

(3)

The requirements of this paragraph are that the holder has—

(a)

completed the appropriate copy 3 of the acknowledged consignment note and sent a photocopy of it to each of the relevant persons mentioned in paragraph (2)(b) and (c); and

(b)

given the appropriate completed copy 3 to the carrier.