Transfrontier Shipment of Hazardous Waste Regulations 1988
1988 No. 1562
PUBLIC HEALTH, ENGLAND AND WALESPUBLIC HEALTH, SCOTLAND
The Transfrontier Shipment of Hazardous Waste Regulations 1988
Made 8th September 1988
Laid before Parliament 14th September 1988
The Secretary of State for the Environment, as respects England, the Secretary of State for Wales, as respects Wales, and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 19721, being the Ministers designated2for the purposes of that subsection in relation to the regulation and control of the transit, import and export of waste (including recyclable materials) which is dangerous or which requires the taking of special precautions and in relation to anything supplemental or incidental to those matters, and of all other powers enabling them in that behalf, hereby make the following Regulations:—
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Transfrontier Shipment of Hazardous Waste Regulations 1988 and shall come into force as follows—
(a) regulations 3 to 18 and 30 shall come into force on 14th November 1988;
(b) this regulation and the remaining provisions of these Regulations shall come into force on 14th October 1988.
Interpretation and application
2.—(1) In these Regulations, except where the context otherwise requires—
“acknowledgement” means an acknowledgement under Article 4 of the Directive, and “acknowledge” shall be construed accordingly;
“carrier” means any person who transports a consignment;
“completed” means, in the case of a consignment note, completed in accordance with the instructions for filling in the form of note set out in Annex IV to Commission Directive 85/469/EEC3, and in the case of a uniform document, completed in accordance with the instructions on that document, and “complete” shall be construed accordingly;
“consignee” means the person to whom a consignment is transported for disposal;
“consignment” means a quantity of hazardous waste that is intended to be, is being, or has been transported from one state to another without its being divided or added to;
“consignment note” means a consignment note printed in accordance with Annex III to Commission Directive 85/469/EECand, in relation to such a note, “copy 1”, “copy 2” and “copy 3” mean respectively the copies of the note so numbered and entitled “copy for the authority issuing the acknowledgement”, “copy for the holder of the waste” and “copy accompanying the waste”;
“disposal authority” means a disposal authority for the purposes of the waste regulation provisions of the 1974 Act;
“Directive” means Council Directive 84/631/EECon the supervision and control within the European Community of the transfrontier shipment of hazardous waste4;
“hazardous waste” means “special waste” as defined in the Control of Pollution (Special Waste) Regulations 19805, other than waste that is special waste solely because—
(a) it consists of, or contains any of, the substances listed in the Schedule hereto; or
(b) it is such a medicinal product as is mentioned in regulation 2(1)(b) of those Regulations;
“holder” means the person having a consignment in his possession or control immediately before it is transported from the premises at which it is produced or stored;
“Member State” means a state, other than the United Kingdom, that is a member of the Communities;
“Member State of destination” means the Member State in which a consignment is, or is to be, disposed of;
“Member State of dispatch” means the Member State in which a consignment originates;
“Member State of transit” means any Member State through which a consignment is, or is to be, transported for disposal in another state;
“non-ferrous metal consignment” means a consignment that is, or is to be, transported for the purpose of enabling its non-ferrous metal content to be re-used, regenerated or recycled;
“objection” means an objection under Article 4 of the Directive, and “object” shall be construed accordingly;
“port” means seaport or airport;
“third state” means a state that is not a member of the Communities;
“third state of destination” means the third state in which a consignment is, or is to be, disposed of;
“third state of dispatch” means the third state in which a consignment originates;
“third state of transit” means any third state through which a consignment is, or is to be, transported for disposal in another state;
“uniform document” means a uniform document printed in accordance with Annex III to Commission Directive 85/469/EECand, in relation to such a document, “copy 1”, “copy 2”, “copy 3” and “copy 4” mean respectively the copies of the document so numbered and entitled “copy for the consignee of the waste”, “copy for the competent authority”, “copy for the holder of the waste” and “copy for the competent authority”;
“the 1974 Act” means the Control of Pollution Act 19746.
(2) Any reference in these Regulations to the competent authority of a Member State is a reference to the authority designated by that Member State under Article 16 of the Directive.
(3) Where, under these Regulations, anything is to be done by or to a third state, it shall be done by or to either the government of that state, or by or to the authority in that state specified by that government.
(4) Other expressions used in these Regulations shall, unless the contrary intention appears, have the meaning they bear in Part I of the 1974 Act.
(5) These Regulations do not apply to the transferring from a ship to land of waste produced during the normal operation of that ship.
PART II
DUTIES OF HOLDERS OF HAZARDOUS WASTE
Consignment to a Member State: single consignment
3. Subject to regulations 4 and 5, a holder shall not transport, or cause or permit to be transported, a consignment of hazardous waste from Great Britain to a destination in a Member State, unless, before the consignment is removed from the premises at which it was produced, or at which it is stored, he has—
(a) entered into a contract with the consignee for the disposal of the consignment;
(b) sent to the competent authority of the Member State of destination a completed consignment note relating to the transport of the consignment;
(c) sent a photocopy of the completed copy 1 of the note to—
(i) the disposal authority for the area in which the consignment is currently located;
(ii) the disposal authority for the area in which is situated the port through which the consignment is to leave Great Britain;
(iii) the Department of the Environment for Northern Ireland, where the consignment is 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 paragraph (b);
(e) either—
(i) been informed by the disposal authority referred to in paragraph (c)(i) that it makes no objection under regulation 22; or
(ii) received no objection from that 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;
(f) completed copy 3 of the acknowledged consignment note and sent a photocopy of it to each of the relevant persons mentioned in paragraphs (b) and (c); and
(g) given the completed copy 3 to the carrier.
Multiple consignments to a Member State
4.—(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)
(a) each consignment will consist of hazardous waste having essentially the same physical and chemical characteristics;
(b)
(b) each consignment is to be transported to the same consignee;
(c)
(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)
(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)
(a) entered into a contract with the consignee for the disposal of all the consignments;
(b)
(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)
(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)
(d) received acknowledgement of the consignment note from the competent authority referred to in sub-paragraph (b);
(e)
(e) either—
(i) been informed by...
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