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STATUTORY INSTRUMENTS


2007 No. 1711

ENVIRONMENTAL PROTECTION

The Transfrontier Shipment of Waste Regulations 2007

  Made 12th June 2007 
  Laid before Parliament 18th June 2007 
  Coming into force 12th July 2007 


CONTENTS


PART 1

Introduction
1. Title and commencement
2. Application
3. Scope of the Regulations
4. Interpretation
5. Meaning of transport and person who transports waste
6. Competent authorities of destination and dispatch
7. Competent authority of transit
8. Correspondent
9. Notices
10. Transitional provisions

PART 2

Waste management plan
11. Waste management plan
12. Public participation procedures
13. Procedures following public participation
14. Provision of the plan to competent authorities
15. Objections to shipments of waste
16. Waste Management Licensing Regulations 1994 etc.

PART 3

General requirements for shipment of waste
17. Protection of the environment
18. Compliance with notification etc.

PART 4

Shipment of waste within the Community
19. Requirements for shipments of notifiable waste
20. Requirements for shipment of waste specified in Article 3(2) and (4)

PART 5

Export of waste to third countries
21. Prohibition on export of waste for disposal other than to EFTA countries
22. Requirements for export of waste for disposal to EFTA countries
23. Prohibition on export of certain waste for recovery to non-OECD Decision countries
24. Requirements for export of waste for recovery to OECD Decision countries
25. Miscellaneous prohibitions on export of waste

PART 6

Import of waste from third countries
26. Prohibition on the import of waste for disposal
27. Procedure for import of waste for disposal from a country Party to the Basel Convention
28. Prohibition on import of waste for recovery
29. Requirements for import of waste for recovery from or through an OECD Decision country
30. Requirements for import of waste for recovery from a non-OECD Decision country Party to the Basel Convention
31. Requirements for import of waste from overseas countries or territories

PART 7

Transit of waste
32. Requirements for transit of waste for disposal
33. Requirements for transit of waste for recovery: non-OECD Decision countries
34. Requirements for transit of waste for recovery: OECD Decision countries
35. Requirements for transit of waste between OECD Decision countries and non-OECD Decision countries

PART 8

Additional duties
36. Illegal shipments of waste brought to a facility
37. Duties on operators of facilities in respect of notifiable waste
38. Interim recovery or disposal operations
39. Duties on operators of facilities in respect of waste subject to general information requirements
40. Duties on consignees in respect of notifiable waste
41. Duties on consignees in respect of waste subject to general information requirements
42. Duties on laboratories
43. Notifier's duty to keep documents
44. Duties on persons who arrange the shipment of waste
45. Annex VII document

PART 9

Miscellaneous
46. Fees
47. Costs of take-back etc.
48. Approval of a financial guarantee
49. Supply of the financial guarantee
50. Enforcement bodies
51. Enforcement powers
52. Compliance with notices
53. Obstruction
54. Falsely obtaining consent etc.
55. Offences by bodies corporate
56. Offences by Scottish partnerships
57. Acts of third parties
58. Penalties
59. Fixed penalties
60. Revocations

  SCHEDULE 1— Transitional provisions for shipments to Latvia, Poland, Slovakia, Bulgaria or Romania

  SCHEDULE 2— Transitional fees in Great Britain

  SCHEDULE 3— Fees in Northern Ireland

  SCHEDULE 4— Application for approval of a financial guarantee

  SCHEDULE 5— Enforcement powers
 PART 1— Powers of authorised persons
 PART 2— Her
 PART 3— Take-back etc. of waste

  SCHEDULE 6— Form of fixed penalty notices

The Secretary of State is designated for the purposes of section 2(2) of the European Communities Act 1972[
1] in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials)[2] and in relation to the prevention, reduction and elimination of pollution caused by waste[3].

     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 waste[4] 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 1972[5]:



PART 1

Introduction

Title and commencement
     1. These Regulations may be cited as the Transfrontier Shipment of Waste Regulations 2007 and come into force on 12th July 2007.

Application
    
2. —(1) For the purposes of these Regulations, the following ("the marine area") shall be considered as part of the United Kingdom—

    (2) In this regulation, "baselines" means the baselines from which the breadth of the territorial sea is measured for the purposes of the Territorial Sea Act 1987[8].

Scope of the Regulations
     3. These Regulations do not apply to the transit of waste occurring only through the marine area.

Interpretation
    
4. —(1) In these Regulations—

    (2) Expressions used in these Regulations that are also used in the Community Regulation have the same meaning in these Regulations as they have in the Community Regulation.

    (3) Any reference in these Regulations to—

Meaning of transport and person who transports waste
    
5. —(1) Any reference in these Regulations to transport includes consigning for transport.

    (2) Any reference in these Regulations to a person who transports waste includes the following persons—

Competent authorities of destination and dispatch
    
6. —(1) The competent authorities of destination and dispatch for the purposes of the Community Regulation are—

excluding in each case, subject to paragraph (2), the marine area.

    (2) The Secretary of State is the competent authority of destination and dispatch for the marine area, except in the case of waste vessels in the area specified in regulation 2(1)(b), where the competent authority is the body in paragraph (1).

Competent authority of transit
    
7. The Secretary of State is the competent authority of transit for the United Kingdom for the purposes of the Community Regulation.

Correspondent
    
8. The Secretary of State is the correspondent for the United Kingdom for the purposes of Article 54.

Notices
    
9. —(1) Any notice under these Regulations must be in writing.

    (2) A notice may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

    (3) A notice may be served on a person by—

    (4) Any such notice may—

    (5) If the person to be served with any such notice has specified an address in the United Kingdom other than his proper address as the one at which he or someone on his behalf will accept notices of the same description as those notices, that address is also to be treated for the purposes of this regulation as his proper address.

    (6) For the purposes of this regulation, "proper address" means a person's last known address, which for the purposes of paragraph (3)(c) includes an e-mail address, except that—

and for the purposes of this paragraph, the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Transitional provisions
    
10. Schedule 1 (transitional provisions for shipments to Latvia, Poland, Slovakia, Bulgaria or Romania) has effect.



PART 2

Waste management plan

Waste management plan
    
11. The Secretary of State must prepare a waste management plan in accordance with Article 7 of Directive 2006/12/EC of the European Parliament and of the Council on waste[9] containing his policies on the bringing into, or dispatch from, the United Kingdom of waste for disposal.

Public participation procedures
     12. —(1) As soon as reasonably practicable after preparing proposals for a waste management plan, the Secretary of State must—

    (2) The period referred to in paragraph (1)(c) must be sufficient to ensure that public consultees are given an effective opportunity to express their opinions on the proposals.

    (3) The Secretary of State must keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

    (4) The Secretary of State may make a reasonable charge for copies provided under paragraph (1)(b).

Procedures following public participation
    
13. —(1) Before decisions on a waste management plan are made, the Secretary of State must take account of any opinions expressed by public consultees in accordance with regulation 12.

    (2) As soon as reasonably practicable after making decisions on a waste management plan, the Secretary of State must—

    (3) The matters are—

Provision of the plan to competent authorities
    
14. The Secretary of State must send a copy of the waste management plan to—

Objections to shipments of waste
    
15. For the purpose of preventing shipments of waste that are not in accordance with the waste management plan—

Waste Management Licensing Regulations 1994 etc.
    
16. Paragraph 4(1)(b) of Schedule 4 to the Waste Management Licensing Regulations 1994[10] and paragraph 4(1)(b) of Part 1 of Schedule 3 to the Waste Management Licensing Regulations (Northern Ireland) 2003[11] have effect as if the references in those paragraphs to any plan made under the plan-making provisions include references to a waste management plan made under this Part.



PART 3

General requirements for shipment of waste

Protection of the environment
     17. A person commits an offence if he fails to comply with Article 49(1) (the management of shipments of waste in an environmentally sound manner and without endangering human health).

Compliance with notification etc.
    
18. A person commits an offence if he transports waste other than in accordance with—



PART 4

Shipment of waste within the Community

Requirements for shipments of notifiable waste
    
19. —(1) This regulation applies to waste specified in Article 3(1)(a) or (b) that originates in the Community and is either brought into the United Kingdom or destined for another member State, whether or not that waste passes through a third country.

    (2) A person who transports such waste commits an offence if he does so without—

    (3) He commits an offence if—

Requirements for shipment of waste specified in Article 3(2) and (4)
    
20. —(1) This regulation applies to waste specified in Article 3(2) or (4) that originates in the Community and is either brought into the United Kingdom or is destined for another member State, whether or not that waste passes through a third country.

    (2) A person who transports such waste commits an offence if—



PART 5

Export of waste to third countries

Prohibition on export of waste for disposal other than to EFTA countries
    
21. A person commits an offence if he transports waste destined for disposal in a third country in breach of Article 34 (prohibition on export except, in certain circumstances, to EFTA countries Parties to the Basel Convention).

Requirements for export of waste for disposal to EFTA countries
    
22. —(1) This regulation applies to waste destined for disposal in any EFTA country Party to the Basel Convention.

    (2) A person who transports such waste commits an offence if he does so—

Prohibition on export of certain waste for recovery to non-OECD Decision countries
    
23. A person commits an offence if, in breach of Article 36(1), he transports waste specified in that Article that is destined for recovery in a country to which the OECD Decision does not apply.

Requirements for export of waste for recovery to OECD Decision countries
    
24. —(1) This regulation applies to waste specified in Article 38(1) destined for recovery in any country to which the OECD Decision applies (with or without transit through any country to which that Decision applies).

    (2) A person who transports such waste commits an offence if he does so—

Miscellaneous prohibitions on export of waste
    
25. A person commits an offence if—



PART 6

Import of waste from third countries

Prohibition on the import of waste for disposal
    
26. A person commits an offence if, in breach of Article 41(1), he transports waste destined for disposal that has come from a third country or area other than those specified in that Article.

Procedure for import of waste for disposal from a country Party to the Basel Convention
    
27. —(1) This regulation applies to waste destined for disposal that has come from a country Party to the Basel Convention.

    (2) A person who transports such waste commits an offence if he does so without the provisions of Article 42(1) having been complied with (procedural requirements for the import of waste destined for disposal from countries Parties to the Basel Convention).

Prohibition on import of waste for recovery
    
28. A person commits an offence if, in breach of Article 43(1), he transports waste destined for recovery that has come from a third country or area other than specified in that Article.

Requirements for import of waste for recovery from or through an OECD Decision country
    
29. —(1) This regulation applies to waste destined for recovery that has come from or through a country to which the OECD Decision applies.

    (2) A person who transports such waste commits an offence if he does so without the provisions of Article 44(1) having been complied with (procedural requirements for imports of waste destined for recovery from, or through, an OECD Decision country).

Requirements for import of waste for recovery from a non-OECD Decision country Party to the Basel Convention
    
30. —(1) This regulation applies to waste destined for recovery that has come —

    (2) A person who transports such waste commits an offence if he does so without the provisions of Article 45 having been complied with (procedural requirements for imports from a non-OECD Decision country Party to the Basel Convention).

Requirements for import of waste from overseas countries or territories
    
31. A person who transports waste that has come from any overseas country or territory commits an offence if he does so without the provisions of Article 46(1) having been complied with (procedural requirements for the import of waste from overseas countries or territories).



PART 7

Transit of waste

Requirements for transit of waste for disposal
    
32. —(1) This regulation applies to waste destined for disposal that—

    (2) A person who transports such waste commits an offence if he does so without the provisions of Article 47 having been complied with (procedural requirements for shipments of waste destined for disposal from and to a third country).

Requirements for transit of waste for recovery: non-OECD Decision countries
    
33. —(1) This regulation applies to waste destined for recovery that—

    (2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(1) having been complied with (procedural requirements for shipments of waste destined for recovery from and to a country to which the OECD Decision does not apply).

Requirements for transit of waste for recovery: OECD Decision countries
    
34. —(1) This regulation applies to waste destined for recovery that—

    (2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(2) having been complied with (procedural requirements for shipments of waste destined for recovery from and to a country to which the OECD Decision applies).

Requirements for transit of waste between OECD Decision countries and non-OECD Decision countries
    
35. —(1) This regulation applies to waste destined for recovery that—

and is transported through the United Kingdom.

    (2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(3) having been complied with (procedural requirements for shipments of waste destined for recovery between OECD Decision and non-OECD Decision countries).



PART 8

Additional duties

Illegal shipments of waste brought to a facility
    
36. If the operator of a facility knows or has reasonable grounds to suspect that waste brought to that facility is an illegal shipment of waste, he must notify the competent authority immediately and comply with their instructions and failure to do so is an offence.

Duties on operators of facilities in respect of notifiable waste
    
37. —(1) This regulation applies to the operator of a facility that receives notifiable waste.

    (2) He commits an offence if he fails to—

Interim recovery or disposal operations
    
38. —(1) This regulation applies to the operator of a facility that carries out interim recovery or disposal operations.

    (2) He commits an offence if he fails to—

    (3) He commits an offence if, in the case of waste sent to another facility for subsequent interim or non-interim recovery or disposal operation, he fails to—

    (4) He commits an offence if he delivers waste for subsequent interim or non-interim recovery or disposal operations in accordance with Article 15(f), without complying with the notification requirements of that Article.

Duties on operators of facilities in respect of waste subject to general information requirements
    
39. —(1) This regulation applies to the operator of a recovery facility that receives waste subject to the procedural requirements of Article 18(1).

    (2) He commits an offence if he fails to—

Duties on consignees in respect of notifiable waste
    
40. —(1) This regulation applies to a consignee of notifiable waste.

    (2) He commits an offence if he fails to keep any document sent to or by the competent authorities in relation to a notified shipment in accordance with Article 20(1).

Duties on consignees in respect of waste subject to general information requirements
    
41. —(1) This regulation applies to a consignee of waste subject to the procedural requirements of Article 18(1).

    (2) He commits an offence if he fails to—

Duties on laboratories
    
42. —(1) This regulation applies to the operator of a laboratory that receives waste subject to the procedural requirements of Article 18(1).

    (2) He commits an offence if he fails to—

Notifier's duty to keep documents
    
43. A notifier commits an offence if he fails to keep—

Duties on persons who arrange the shipment of waste
    
44. —(1) This regulation applies to a person who arranges the shipment of waste subject to the procedural requirements of Article 18(1).

    (2) He commits an offence if he fails to—

Annex VII document
    
45. —(1) This regulation applies in Scotland and Northern Ireland only.

    (2) A person who arranges the shipment of waste subject to the procedural requirements of Article 18(1) must ensure that a copy of the Annex VII document that he has signed in accordance with Article 18(1)(b) is received by the competent authority before the shipment takes place and failure to do so is an offence.



PART 9

Miscellaneous

Fees
    
46. —(1) Section 41(1) of the Environment Act 1995 (power to make schemes imposing charges)[12] is amended as follows—

    (2) In order to meet any administrative costs incurred by them in implementing the notification and supervision procedures of the Community Regulation and of any costs of any analyses or inspections undertaken for the purpose of carrying out their functions under that Regulation—

    (3) Fees must be paid by the notifier when he submits a notification and the competent authorities may refuse to proceed with a notification unless the required fee is submitted.

Costs of take-back etc.
     47. A competent authority may charge fees to meet any costs arising from—

Approval of a financial guarantee
    
48. Schedule 4 (application for approval of a financial guarantee) has effect.

Supply of the financial guarantee
    
49. For the purposes of Article 4(5), third paragraph, the notifier must supply—

as part of the notification document at the time of notification or, with the consent of the competent authority, at any other time before the waste is shipped.

Enforcement bodies
    
50. —(1) These Regulations must be enforced by the competent authorities in regulation 6(1) and (2).

    (2) The competent authorities may authorise in writing persons to act for the purposes of these Regulations.

    (3) An authorisation under—

is an authorisation for the purposes of these Regulations.

Enforcement powers
     51. Schedule 5 (enforcement powers) has effect.

Compliance with notices
    
52. —(1) A person on whom a notice is served under these Regulations commits an offence if he fails to comply with the provisions of that notice.

    (2) Such a notice must be complied with at the expense of the person on whom it is served and, if it is not complied with, the competent authority may arrange for it to be complied with at the expense of that person.

    (3) A competent authority may enforce compliance with a notice by way of an injunction or, in Scotland, by way of an order under section 45(b) of the Court of Session Act 1988[
14].

Obstruction
     53. A person commits an offence if he—

Falsely obtaining consent etc.
    
54. A person commits an offence if, for the purpose of obtaining consent to a shipment or approval of a financial guarantee or equivalent insurance, he—

Offences by bodies corporate
    
55. —(1) If an offence under these Regulations committed by a body corporate is shown—

the officer as well as the body corporate is guilty of the offence and is liable to be proceeded against and punished accordingly.

    (2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

    (3) "Officer", in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

Offences by Scottish partnerships
    
56. Where a Scottish partnership commits an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

he, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.

Acts of third parties
    
57. Where the commission by any person of an offence under these Regulations is due to the act or default of some other person, that other person is guilty of the offence and a person may be charged with and convicted of an offence by virtue of this regulation whether or not proceedings are taken against the first-mentioned person.

Penalties
    
58. A person guilty of an offence under these Regulations is liable—

Fixed penalties
    
59. —(1) If an authorised person has reason to believe that a person has committed an offence under these Regulations, he may give that person a notice (a "fixed penalty notice") offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.

    (2) Where a person is given a fixed penalty notice in respect of an offence—

    (3) A fixed penalty notice must—

    (4) Payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of penalty.

    (5) Where a letter is sent in accordance with paragraph (4), payment is deemed to be made at the time at which that letter would be delivered in the ordinary course of post.

    (6) The amount of fixed penalty payable in pursuance of a notice under this regulation is £300 which is to be paid—

    (7) In any proceedings, a certificate which—

is evidence of the facts stated.

Revocations
    
60. —(1) The following are revoked—

    (2) Notwithstanding the revocation of the Transfrontier Shipment of Waste Regulations 1994, shipments to which Article 62 (transition rules) applies are subject to the provisions of those Regulations.


Ben Bradshaw
Minister of State Department for Environment, Food and Rural Affairs

12th June 2007



SCHEDULE 1
Regulation 10


Transitional provisions for shipments to Latvia, Poland, Slovakia, Bulgaria or Romania


Shipments of waste to Latvia
     1. A person commits an offence if he transports waste specified in Article 63(1) to Latvia on or before 31st December 2010 without the provisions of that Article having been complied with (transitional arrangements for shipment of waste to Latvia).

Shipments of waste to Poland
     2. A person commits an offence if he transports waste specified in Article 63(2) to Poland on or before 31st December 2012 without the provisions of that Article having been complied with (transitional arrangements for shipment of waste to Poland).

Shipments of waste to Slovakia
     3. A person commits an offence if he transports waste specified in Article 63(3) to Slovakia on or before 31st December 2011 without the provisions of that Article having been complied with (transitional arrangements for shipment of waste to Slovakia).

Shipments of waste to Bulgaria
     4. A person commits an offence if he transports waste specified in Article 63(4) to Bulgaria on or before 31st December 2014 without the provisions of that Article having been complied with (transitional arrangements for shipment of waste to Bulgaria).

Shipments of waste to Romania
     5. A person commits an offence if he transports waste specified in Article 63(5) to Romania on or before 31st December 2015 without the provisions of that Article having been complied with (transitional arrangements for shipment of waste to Romania).



SCHEDULE 2
Regulation 46(2)(a)


Transitional fees in Great Britain


Transitional fees payable to the Environment Agency
     1. The fees payable to the Environment Agency under regulation 46(2)(a) for shipments of waste are as follows—

Notification type Single shipment General notification
                      2 to 5 shipments 6 to 20 shipments 21 to 100 shipments 101 to 500 shipments More than 500 shipments
Shipment from England or Wales for recovery (interim or non-interim) £1,510 £1,510 £2,740 £4,070 £7,920 £14,380
Shipment from England or Wales for non-interim disposal £1,590 £1,590 £3,360 £5,570 £11,200 £20,270
Shipment from England or Wales, including interim disposal £1,740 £1,740 £3,370 £6,160 £13,300 £24,820
Shipment to England or Wales for non-interim recovery £1,330 £1,330 £2,770 £4,980 £10,610 £19,680
Shipment to England or Wales, including interim recovery £1,480 £1,480 £3,010 £5,800 £12,940 £24,460
Shipment to England or Wales for non-interim disposal £1,590 £1,590 £3,360 £5,570 £11,200 £20,270
Shipment to England or Wales, including interim disposal £1,740 £1,740 £3,370 £6,160 £13,300 £24,820

Transitional fees payable to the Scottish Environment Protection Agency
     2. The fees payable to the Scottish Environment Protection Agency under regulation 46(2)(a) for shipments of waste are as follows—

Notification type Single shipment General notification
                      2 to 5 shipments 6 to 20 shipments 21 to 100 shipments 101 to 500 shipments More than 500 shipments
Shipment from Scotland for recovery (interim or non-interim) £1,510 £1,510 £2,740 £4,070 £7,920 £14,380
Shipment from Scotland for non-interim disposal £1,590 £1,590 £3,360 £5,570 £11,200 £20,270
Shipment from Scotland, including interim disposal £1,740 £1,740 £3,370 £6,160 £13,300 £24,820
Shipment to Scotland for non-interim recovery £1,330 £1,330 £2,770 £4,980 £10,610 £19,680
Shipment to Scotland, including interim recovery £1,480 £1,480 £3,010 £5,800 £12,940 £24,460
Shipment to Scotland for non-interim disposal £1,590 £1,590 £3,360 £5,570 £11,200 £20,270
Shipment to Scotland including interim disposal £1,740 £1,740 £3,370 £6,160 £13,300 £24,820



SCHEDULE 3
Regulation 46(2)(b)


Fees in Northern Ireland


Fees
     1. The fees payable to the Department of the Environment in Northern Ireland under regulation 46(2)(b) are as follows.

Notification fee
     2. A fee of £450 is payable in respect of each notification submitted in relation to any shipment into or from Northern Ireland.

Shipment fee
     3. A fee of £25 is payable in respect of each shipment of waste to which that notification relates.



SCHEDULE 4
Regulation 48


Application for approval of a financial guarantee


Interpretation
     1. In this Schedule, "working day" means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971[
18] in any part of the United Kingdom.

Shipment of waste from the United Kingdom
     2. —(1) The following procedure applies to the application for an approval of a financial guarantee or equivalent insurance for the purposes of Article 6(4), first paragraph.

    (2) Only the notifier may apply for approval of a financial guarantee or equivalent insurance.

    (3) He must apply for approval to the competent authority of dispatch.

    (4) The competent authority must ensure that its decision is issued in writing within 20 working days after the receipt of the application.

Import of waste from third countries
     3. —(1) The following procedure applies to the application for a review of the amount of cover of a financial guarantee or equivalent insurance and the approval of an additional financial guarantee or equivalent insurance in accordance with Article 6(4), second paragraph.

    (2) Only the notifier (or the consignee, if authorised in writing by the notifier) may apply for a review of the amount of cover and approval of a financial guarantee or equivalent insurance.

    (3) He must apply to the competent authority of destination.

    (4) The competent authority must ensure that its decision is issued in writing within 20 working days after the receipt of the application.



SCHEDULE 5
Regulation 51


Enforcement powers




PART 1

Powers of authorised persons

Environment Act 1995 etc. powers
     1. The enforcement powers of an authorised person under section 108 of the Environment Act 1995 and Article 72 of the Waste and Contaminated Land (Northern Ireland) Order 1997 are extended to waste vessels in the area specified in regulation 2(1)(b).

Information notice
     2. An authorised person may, by notice served on any person, require that person to provide such information as is specified in the notice in such form and within such period following service of the notice or at such time as is so specified.

Enforcement and prohibition notices
     3. —(1) An authorised person may serve a notice on any person who contravenes or who the authorised person has reasonable grounds to suspect may contravene these Regulations or the Community Regulation—

    (2) The notice must give reasons for serving it and, if appropriate, specify what action must be taken and give time limits.

Appeals against enforcement and prohibition notices
     4. —(1) Any person who is aggrieved by an enforcement or prohibition notice may appeal to a magistrates' court or, in Scotland, to the sheriff.

    (2) The procedure on an appeal to a magistrates' court is by way of complaint, and the Magistrates' Courts Act 1980[
19] or, in the case of Northern Ireland, the Magistrates' Court (Northern Ireland) Order 1981[20] applies to the proceedings.

    (3) An appeal to the sheriff is by summary application.

    (4) The period within which an appeal may be brought is 28 days or, in the case of an enforcement notice, the period specified in the notice, whichever ends earlier.

    (5) An enforcement or prohibition notice must state—

Powers to seize waste
     5. —(1) This paragraph applies if an authorised person has reasonable grounds to suspect that—

    (2) The authorised person may do any of the following—

    (3) In this paragraph any reference to waste includes—

Seizure procedures
     6. —(1) If an authorised person seizes any waste under paragraph 5, he must give to the person in control of it a notice (a "seizure notice")—

    (2) If an authorised person is not immediately able to remove any waste seized under paragraph 5, he may mark it in any way he sees fit and serve a notice on the person in control of it, identifying it and prohibiting its removal from the premises until it is collected by, or under the direction of, an authorised person.

    (3) Any person (other than an authorised person or a person acting under his direction) who removes waste referred to in sub-paragraph (2) from the premises is guilty of an offence.

    (4) If it appears that the waste seized is—

and it is seized in an area that is not under the jurisdiction of the competent authority with responsibility for take-back pursuant to those Articles, the competent authority that seizes it must store it pending action by the competent authority with such responsibility.

    (5) If the owner of the waste claims that the waste was not liable to seizure he may, within 28 days of the seizure, notify his claim to the competent authority at the address specified in the seizure notice, setting out the grounds in full.

    (6) If a notification of a claim is not received within 28 days, the competent authority must take such steps as it considers appropriate to ensure the recovery or disposal of the waste and for these purposes may serve a notice on the notifier requiring him to recover or dispose of the waste in the manner and within the time period specified in the notice.

    (7) If a notification of a claim is received within 28 days, the competent authority must either return the waste or take proceedings for an order for the confirmation of the notice and the recovery or disposal of the waste in a magistrates' court (or, in Scotland, the sheriff) and if the court confirms the notice it must order its recovery or disposal.

Requests for assistance from other competent authorities
     7. An authorised person may exercise any powers in this Schedule for the purposes of fulfilling any request from any competent authority to assist it in carrying out its functions under the Community Regulation.



PART 2

Her Majesty's Revenue and Customs

Powers of Her Majesty's Revenue and Customs
     8. —(1) If he is requested to do so by any competent authority in the United Kingdom, an officer of Revenue and Customs may detain any waste that has been brought into the United Kingdom or is to be dispatched from the United Kingdom.

    (2) Any thing detained under this paragraph may be detained for no longer than 5 working days and must be dealt with during the period of its detention in such manner as the Commissioners for Her Majesty's Revenue and Customs may direct.

    (3) In this regulation "waste" includes—



PART 3

Take-back etc. of waste

Shipments of waste that cannot be completed
     9. If a competent authority of dispatch receives notification from another competent authority under Article 22 (take-back when a shipment cannot be completed as intended), it may serve a notice on the notifier of the shipment requiring him to act in accordance with Article 22 within a specified time.

Illegal shipments of waste
     10. If a competent authority of dispatch receives notification from another competent authority under Article 24 (take-back when a shipment is illegal), it may serve a notice on the notifier of the shipment (or if it is not notifiable waste, the person who arranged the shipment) requiring him to act in accordance with Article 24 within a specified time.

Recovery or disposal of illegal shipment
     11. If a competent authority of destination receives notification from another competent authority under Article 24 (take-back when a shipment is illegal), it may serve a notice on the consignee of the shipment requiring him to act in accordance with Article 24(3) within a specified time.

Take-back by the competent authority
     12. If a competent authority, acting under the Community Regulation, brings back waste into its area of jurisdiction from outside that area, it may recover or dispose of it as it sees fit at the notifier's expense.



SCHEDULE 6
Regulation 59(3)(a)


Form of fixed penalty notices




EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations enforce Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (OJ No L 190, 12.7.2006, p.1)(the "Community Regulation").

Regulations 6 and 7 set out the competent authorities for the purposes of the Community Regulation.

Regulation 11 requires the Secretary of State to implement a waste management plan that contains his policies on the bringing into, or dispatch from, the United Kingdom of waste for disposal. Regulations 12 and 13 require the Secretary of State to consult on that plan. Regulation 15 requires the competent authorities of dispatch and destination to object to shipments of waste that do not comply with that plan.

Regulation 17 creates an offence for shipping waste in breach of the requirements of the Community Regulation to manage shipments in an environmentally sound manner and without endangering human health.

Regulations 19 and 20 create offences for failure to comply with the procedural requirements in the Community Regulation that apply to shipments of waste to or from the United Kingdom to or from other member States.

Regulations 21 to 25 create offences for failure to comply with the prohibitions and procedural requirements in the Community Regulation that apply to exports of waste from the United Kingdom to third countries.

Regulations 26 to 31 create offences for failure to comply with the prohibitions and procedural requirements in the Community Regulation that apply to imports of waste into the United Kingdom from third countries.

Regulations 32 to 35 create offences for failure to comply with the procedural requirements in the Community Regulation that apply to the transit of waste through the United Kingdom to and from third countries.

Regulations 36 to 45 create offences for failure to comply with the additional duties in the Community Regulation of notifiers, persons who arrange shipments of waste subject to the general information requirements, operators of facilities, consignees and laboratories in respect of the shipment, recovery or disposal of waste in the United Kingdom.

Regulation 46 amends the Environment Act 1995 (c. 25) to enable the Environment Agency and the Scottish Environment Protection Agency to prescribe fees for the carrying out of their functions under the Community Regulation. Schedule 2 sets out the fees that will apply in England, Wales and Scotland until a charging scheme under that Act takes effect. Schedule 3 sets out the fees that will apply in Northern Ireland. Regulation 47 provides for competent authorities to recover the costs of take-back under Articles 22 and 24 of the Community Regulation.

Schedule 4 sets out the procedure applicable to the application for an approval of a financial guarantee or equivalent insurance.

Regulation 50 provides that the Regulations must be enforced by the competent authorities. Schedule 5 sets out the enforcement powers of competent authorities, authorised persons and officers of Revenue and Customs.

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC (OJ No L 204, 21.7.1988, p. 37), as amended by Directive 98/48/EC (OJ No L 217, 5.8.1998, p. 18).

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Hazardous Waste Unit, Ergon House, Horseferry Road, London SW1P 2AL and is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.


Notes:

[1] 1972 c. 68.back

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

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

[4] OJ No L 190, 12.7.2006, p.1.back

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

[6] 1964 c. 29. Areas have been designated under section 1(7) by S.I. 1987/1265, 2000/3062 and 2001/3670. Section 1(7) was amended by paragraph 1 of Schedule 3 to the Oil and Gas (Enterprise) Act 1982 (c.23).back

[7] 2004 c. 20. Areas have been designated under section 84(4) by S.I. 2004/2668.back

[8] 1987 c. 49.back

[9] OJ No L 114, 27.4.2006, p 9.back

[10] S.I. 1994/1056, to which there are amendments not relevant to these Regulations.back

[11] S.R. (NI) 2003 No 493.back

[12] 1995 c. 25.back

[13] S.I. 1997/ 2778 (N.I. 19).back

[14] 1988 c. 36.back

[15] S.I. 1994/1137.back

[16] S.I. 2005/187.back

[17] S.R. (NI) 2005 No 90.back

[18] 1971 c. 80.back

[19] 1980 c. 43; sections 51 and 52 have been substituted by section 47 of the Courts Act 2003 (c. 39).back

[20] S.I. 1981/1675 (N.I. 26).back



ISBN 978 0 11 077385 8


 © Crown copyright 2007

Prepared 20 June 2007


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