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The Transfrontier Shipment of Waste Regulations 2007 in Scotland

S.I. 2007/1711 · Made 12 June 2007 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 16 July 2026.

environmental protection

Made 12th June 2007

Laid before Parliament 18th June 2007

Coming into force 12th July 2007

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972f1 in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials)f2 and in relation to the prevention, reduction and elimination of pollution caused by wastef3.

These Regulations make provision for a purpose mentioned in that section and it appears to the Secretary of State that it is expedient for the references to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of wastef4 to be construed as references to that instrument as amended from time to time.

The Secretary of State makes the following Regulations under the powers conferred on him by section 2(2) of, as read with paragraph 1A of Schedule 2 to, the European Communities Act 1972f5:

Annotations to the whole text

Footnotes

f1

1972 c. 68.

f2

S.I. 1993/2661, to which there are amendments not relevant to these Regulations.

f3

S.I. 1992/2870, to which there are amendments not relevant to these Regulations.

f4

OJ No L 190, 12.7.2006, p.1.

f5

Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 (c. 51).

Contents

  1. Part 1: Introduction
  2. 1Title and commencement
  3. 2Application Repealed
  4. 3Scope of the Regulations
  5. 4Interpretation
  6. 4AThe Northern Irish border, the Scottish border and the Welsh border
  7. 4BOffshore installations
  8. 5Meaning of transport and person who transports waste
  9. 6Competent authorities of destination and dispatch
  10. 7Competent authority of transit
  11. 8Correspondent Repealed
  12. 9Notices
  13. 10Transitional provisions Repealed
  14. Part 2: UK Plan for Shipments of Waste
  15. 11Waste management plan Repealed
  16. 11AUK Plan for Shipments of Waste: continuation and changes
  17. 12Public participation procedures
  18. 13Procedures following public participation
  19. 14Provision of the plan to competent authorities
  20. 15Objections to shipments of waste
  21. Part 3: General requirements for shipment of waste
  22. 17Protection of the environment
  23. 18Compliance with notification etc.
  24. Part 4: Shipment of waste between the United Kingdom and EU countries
  25. 19Requirements for shipments of notifiable waste
  26. 20Requirements for shipment of waste specified in Article 3(2) and (4)
  27. Part 5: Export of waste to non-EU countries
  28. 21Prohibition on export of waste for disposal other than to EU or EFTA countries
  29. 22Requirements for export of waste for disposal to EFTA countries
  30. 23Prohibition on export of certain waste for recovery to non-EU, non-OECD Decision countries
  31. 23ARequirements for export of waste listed in Annex III or IIIA to non-EU, non-OECD Decision countries
  32. 23BRequirements for export of waste classified under more than one entry in Annex IIIetc. to non-EU, non-OECD Decision countries
  33. 24Requirements for export of waste for recovery to non-EU OECD Decision countries
  34. 25Miscellaneous prohibitions on export of waste
  35. 25ADisapplication of offences
  36. Part 6: Import of waste from third countries
  37. 26Prohibition on the import of waste for disposal
  38. 27Procedure for import of waste for disposal from a non-EU country Party to the Basel Convention
  39. 28Prohibition on import of waste for recovery
  40. 29Requirements for import of waste for recovery from or through a non-EU OECD Decision country
  41. 30Requirements for import of waste for recovery from a non-EU, non-OECD Decision country Party to the Basel Convention
  42. 31Requirements for import of waste from overseas countries or territories
  43. Part 7: Transit of waste
  44. 32Requirements for transit of waste for disposal
  45. 33Requirements for transit of waste for recovery: non-EU, non-OECD Decision countries
  46. 34Requirements for transit of waste for recovery: EU OECD Decision countries
  47. 35Requirements for transit of waste between EU or OECD Decision countries and non-EU, non-OECD Decision countries
  48. Part 8: Additional duties
  49. 36Illegal shipments of waste brought to a facility
  50. 37Duties on operators of facilities in respect of notifiable waste
  51. 38Interim recovery or disposal operations
  52. 39Duties on operators of facilities in respect of waste subject to general information requirements
  53. 40Duties on consignees in respect of notifiable waste
  54. 41Duties on consignees in respect of waste subject to general information requirements
  55. 42Duties on laboratories
  56. 43Notifier’s duty to keep documents
  57. 44Duties on persons who arrange the shipment of waste
  58. 45Annex VII document
  59. Part 9: Miscellaneous
  60. 46Fees
  61. 47Costs of take-back etc.
  62. 48Approval of a financial guarantee
  63. 49Supply of the financial guarantee
  64. 49APower to share information
  65. 50Enforcement bodies
  66. 50AAuthorised persons
  67. 50BAssistance by the Secretary of State in relation to offshore installations
  68. 51Enforcement powers
  69. 52Compliance with notices
  70. 53Obstruction
  71. 54Falsely obtaining consent etc.
  72. 55Offences by bodies corporate
  73. 56Offences by Scottish partnerships
  74. 57Acts of third parties
  75. 58Penalties
  76. 59Fixed penalties
  77. 59ACivil sanctions , England
  78. 59BCivil sanctions, Wales
  79. 59CReview
  80. 60Revocations Repealed
  81. Signature
  82. Schedule A1: The Northern Irish border, the Scottish border and the Welsh border
  83. 1The Northern Irish border
  84. 2The Scottish border: the North Sea
  85. 3The Scottish border: the Irish Sea
  86. 4The Welsh border
  87. Schedule 1: Transitional provisions for shipments to ... Bulgaria or Romania Repealed
  88. 1Shipments of waste to Latvia Repealed
  89. 2Shipments of waste to Poland Repealed
  90. 3Shipments of waste to Slovakia Repealed
  91. 4Shipments of waste to Bulgaria Repealed
  92. 5Shipments of waste to Romania Repealed
  93. Schedule 2: Transitional fees in Great Britain Repealed
  94. 1Transitional fees payable to the Environment Agency Repealed
  95. 2Transitional fees payable to the Scottish Environment Protection Agency Repealed
  96. Schedule 3Fees in Northern Ireland
  97. 1Fees
  98. Schedule 4: Application for approval of a financial guarantee
  99. 1Interpretation Repealed
  100. 2Shipment of waste from the United Kingdom
  101. 3Import of waste from third countries
  102. Schedule 5: Enforcement powers
  103. Part 1: Powers of authorised persons
  104. 1Powers under the Environment Act 1995
  105. 1APowers under the Waste and Contaminated Land (Northern Ireland) Order 1997
  106. 2Information notice
  107. 3Enforcement and prohibition notices
  108. 4Appeals against enforcement and prohibition notices
  109. 5Powers to seize waste
  110. 6Seizure procedures
  111. 7Requests for assistance from other competent authorities
  112. Part 2: Powers of general customs officials
  113. 8Powers of general customs officials
  114. Part 2A: Powers of persons authorised by the Secretary of State
  115. 8APowers of entry etc.
  116. 8BSupplementary
  117. Part 3: Take-back etc. of waste
  118. 9Shipments of waste that cannot be completed
  119. 10Illegal shipments of waste
  120. 11Recovery or disposal of illegal shipment
  121. 12Take-back by the competent authority
  122. Schedule 6Form of fixed penalty notices
  123. Explanatory note