Regulation 23A Requirements for export of waste listed in Annex III or IIIA to non-EU, non-OECD Decision countriesF1F4
This regulation applies to waste—
listed in Annex III or IIIA to the Community Regulation; and
the export of which is not prohibited under Article 36.
A person who transports waste destined for recovery in any country listed in the Annex to Commission Regulation (EC) No 1418/2007 (being a F2non-EU country to which the OECD Decision does not apply) commits an offence if he does so in breach of that Regulation.
A person who transports waste destined for recovery in any other F3non-EU country to which the OECD Decision does not apply commits an offence if he does so without complying with the procedure of prior written notification and consent as described in Article 35, in accordance with the second paragraph of Article 37(2).
In either case, he commits an offence if he transports such waste in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).
Annotations
Textual amendments
- F1
Regs. 23A, 23B inserted (5.2.2008) by Transfrontier Shipment of Waste (Amendment) Regulations 2008 (S.I. 2008/9), regs. 1, 5
- F2
Word in reg. 23A(2) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 32(b); 2020 c. 1, Sch. 5 para. 1(1)
- F3
Word in reg. 23A(3) inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 32(c); 2020 c. 1, Sch. 5 para. 1(1)
- F4
Word in reg. 23A heading inserted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 32(a); 2020 c. 1, Sch. 5 para. 1(1)
Notes on Part 5
Textual amendments
- F1
Words in Pt. 5 heading substituted (31.12.2020) by The International Waste Shipments (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/590), regs. 2(2), 29; 2020 c. 1, Sch. 5 para. 1(1)