The Transfrontier Shipment of Waste Regulations 2007
S.I. 2007/1711 · Made 12 June 2007 · Extends to United Kingdom
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
- f2
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S.I. 1993/2661, to which there are amendments not relevant to these Regulations.
- f3
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S.I. 1992/2870, to which there are amendments not relevant to these Regulations.
- f4
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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
- Part 1: Introduction
- 1Title and commencement
- 2Application Repealed
- 3Scope of the Regulations
- 4Interpretation
- 4AThe Northern Irish border, the Scottish border and the Welsh border
- 4BOffshore installations
- 5Meaning of transport and person who transports waste
- 6Competent authorities of destination and dispatch
- 7Competent authority of transit
- 8Correspondent Repealed
- 9Notices
- 10Transitional provisions Repealed
- Part 2: UK Plan for Shipments of Waste
- 11Waste management plan Repealed
- 11AUK Plan for Shipments of Waste: continuation and changes
- 12Public participation procedures
- 13Procedures following public participation
- 14Provision of the plan to competent authorities
- 15Objections to shipments of waste
- 16The Waste (England and Wales) Regulations 2011
- Part 3: General requirements for shipment of waste
- 17Protection of the environment
- 18Compliance with notification etc.
- Part 4: Shipment of waste between the United Kingdom and EU countries
- 19Requirements for shipments of notifiable waste
- 20Requirements for shipment of waste specified in Article 3(2) and (4)
- Part 5: Export of waste to non-EU countries
- 21Prohibition on export of waste for disposal other than to EU or EFTA countries
- 22Requirements for export of waste for disposal to EFTA countries
- 23Prohibition on export of certain waste for recovery to non-EU, non-OECD Decision countries
- 23ARequirements for export of waste listed in Annex III or IIIA to non-EU, non-OECD Decision countries
- 23BRequirements for export of waste classified under more than one entry in Annex IIIetc. to non-EU, non-OECD Decision countries
- 24Requirements for export of waste for recovery to non-EU OECD Decision countries
- 25Miscellaneous prohibitions on export of waste
- 25ADisapplication of offences
- Part 6: Import of waste from third countries
- 26Prohibition on the import of waste for disposal
- 27Procedure for import of waste for disposal from a non-EU country Party to the Basel Convention
- 28Prohibition on import of waste for recovery
- 29Requirements for import of waste for recovery from or through a non-EU OECD Decision country
- 30Requirements for import of waste for recovery from a non-EU, non-OECD Decision country Party to the Basel Convention
- 31Requirements for import of waste from overseas countries or territories
- Part 7: Transit of waste
- 32Requirements for transit of waste for disposal
- 33Requirements for transit of waste for recovery: non-EU, non-OECD Decision countries
- 34Requirements for transit of waste for recovery: EU OECD Decision countries
- 35Requirements for transit of waste between EU or OECD Decision countries and non-EU, non-OECD Decision countries
- Part 8: Additional duties
- 36Illegal shipments of waste brought to a facility
- 37Duties on operators of facilities in respect of notifiable waste
- 38Interim recovery or disposal operations
- 39Duties on operators of facilities in respect of waste subject to general information requirements
- 40Duties on consignees in respect of notifiable waste
- 41Duties on consignees in respect of waste subject to general information requirements
- 42Duties on laboratories
- 43Notifier’s duty to keep documents
- 44Duties on persons who arrange the shipment of waste
- 45Annex VII document
- Part 9: Miscellaneous
- 46Fees
- 47Costs of take-back etc.
- 48Approval of a financial guarantee
- 49Supply of the financial guarantee
- 49APower to share information
- 50Enforcement bodies
- 50AAuthorised persons
- 50BAssistance by the Secretary of State in relation to offshore installations
- 51Enforcement powers
- 52Compliance with notices
- 53Obstruction
- 54Falsely obtaining consent etc.
- 55Offences by bodies corporate
- 56Offences by Scottish partnerships
- 57Acts of third parties
- 58Penalties
- 59Fixed penalties
- 59ACivil sanctions , England
- 59BCivil sanctions, Wales
- 59CReview
- 60Revocations Repealed
- Signature
- Schedule A1: The Northern Irish border, the Scottish border and the Welsh border
- 1The Northern Irish border
- 2The Scottish border: the North Sea
- 3The Scottish border: the Irish Sea
- 4The Welsh border
- Schedule 1: Transitional provisions for shipments to ... Bulgaria or Romania Repealed
- 1Shipments of waste to Latvia Repealed
- 2Shipments of waste to Poland Repealed
- 3Shipments of waste to Slovakia Repealed
- 4Shipments of waste to Bulgaria Repealed
- 5Shipments of waste to Romania Repealed
- Schedule 2: Transitional fees in Great Britain Repealed
- 1Transitional fees payable to the Environment Agency Repealed
- 2Transitional fees payable to the Scottish Environment Protection Agency Repealed
- Schedule 3Fees in Northern Ireland
- 1Fees
- Schedule 4: Application for approval of a financial guarantee
- 1Interpretation Repealed
- 2Shipment of waste from the United Kingdom
- 3Import of waste from third countries
- Schedule 5: Enforcement powers
- Part 1: Powers of authorised persons
- 1Powers under the Environment Act 1995
- 1APowers under the Waste and Contaminated Land (Northern Ireland) Order 1997
- 2Information notice
- 3Enforcement and prohibition notices
- 4Appeals against enforcement and prohibition notices
- 5Powers to seize waste
- 6Seizure procedures
- 7Requests for assistance from other competent authorities
- Part 2: Powers of general customs officials
- 8Powers of general customs officials
- Part 2A: Powers of persons authorised by the Secretary of State
- 8APowers of entry etc.
- 8BSupplementary
- Part 3: Take-back etc. of waste
- 9Shipments of waste that cannot be completed
- 10Illegal shipments of waste
- 11Recovery or disposal of illegal shipment
- 12Take-back by the competent authority
- Schedule 6Form of fixed penalty notices
- Explanatory note