Transfrontier Shipment of Waste Regulations 1994
| Jurisdiction | UK Non-devolved |
| Citation | SI 1994/1137 |
1994 No. 1137
ENVIRONMENTAL PROTECTION
The Transfrontier Shipment of Waste Regulations 1994
Made 22th April 1994
Laid before Parliament 25th April 1994
Coming into force 6th May 1994
The Secretary of State, being the Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the regulation and control of the transit, import and export of waste (including recyclable materials) and the prevention, reduction and elimination of pollution caused by waste, in exercise of the powers conferred on him by section 2(2) of that Act, sections 2, 3 and 9(1)(c) of the Control of Pollution (Amendment) Act 19893, section 74(6) of the Environmental Protection Act 19904and of all other powers enabling him in that behalf, hereby makes the following Regulations:—
Citation and commencement
1. These Regulations may be cited as the Transfrontier Shipment of Waste Regulations 1994 and shall come into force on 6th May 1994.
Interpretation
2.—(1) In these Regulations “the principal Regulation” means Council Regulation (EEC) No. 259/93on the supervision and control of shipments of waste within, into and out of the European Community5.
(2) Unless the context otherwise requires—
(a)
(a) expressions used in these Regulations shall have the meaning they bear in the principal Regulation; and
(b)
(b) any reference in these Regulations to an Article is to an Article of the principal Regulation, including that Article as applied by any other provision of the principal Regulation.
Competent authorities of dispatch and destination
3. The following authorities shall be the competent authorities of dispatch and destination in relation to their areas for the purpose of the principal Regulation—
(a) in Great Britain, waste regulation authorities within the meaning of section 30 of the Environmental Protection Act 1990;
(b) in Northern Ireland, district councils within the meaning of section 1 of the Local Government Act (Northern Ireland) 19726.
Competent authority of transit
4. The Secretary of State shall be the competent authority of transit for the purpose of the principal Regulation.
Correspondent
5. The Secretary of State shall be the correspondent for the purpose of the principal Regulation.
Transmission of notification by competent authority of dispatch
6.—(1) If a competent authority of dispatch decides, in relation to the notifications referred to in Article 3(1), 6(1) or 15(1) relating to shipments of waste dispatched from its area, or in relation to any class of such notifications, to transmit the notification itself to the competent authority of destination, with copies to the consignee and to any competent authority of transit, it shall give notice by advertisement of that decision.
(2) A notice of a decision under paragraph (1) above shall describe the notifications to which the competent authority s decision applies and the decision which is the subject of the notice shall take effect 2 weeks after the publication of the last of the notics required to be published.
(3) Where a decision under paragraph (1) above takes effect, a notifier who intends to make a shipment of waste which requires a notification to which the competent authority s decision applies shall send the required notification to the authority which published the notice and shall not send copies of that notification to any other competent authority or to the consignee.
(4) Subject to paragraph (5) below, a competent authority which receives a notification in accordance with paragraph (3) above shall, within 3 working days of receiving the notification, transmit it to the competent authority of destination, with copies to the consignee and any competent authority of transit.
(5) Where the notification relates to the shipment of waste for disposal, paragraph (4) above shall not apply if the competent authority of dispatch has immediate objections to raise against the shipment in accordance with Article 4(3).
(6) A competent authority which has published notice of a decision in accordance with this regulation may withdraw it at any time by giving notice by advertisement of the withdrawal and the withdrawal shall take effect 2 weeks after the publication of the last of the notices required to be published.
(7) In this regulation “notice by advertisement” means—
(a)
(a) in relation to notice by a competent authority in England or Wales, a notice published in the London Gazette and in at least one local newspaper circulating in the area of that authority;
(b)
(b) in relation to notice by a competent authority in Scotland, a notice published in the Edinburgh Gazette and in at least one local newspaper circulating in the area of that authority; and
(c)
(c) in relation to notice by a competent authority in Northern Ireland, a notice published in the Belfast Gazette and in at least 3 local newspapers circulating in the area of that authority.
Financial guarantees or equivalent insurance
7.—(1) No person shall ship waste into or out of the United Kingdom unless a certificate has been issued in relation to the shipment under this regulation.
(2) An application for a certificate under this regulation shall be made to the authority which is the competent authority of dispatch, destination or transit in the United Kingdom (as the case may be) in relation to the shipment.
(3) A competent authority which receives an application under paragraph (2) above shall issue the certificate requested if it is satisfied that there is in force in respect of the shipment, or will be at the time the waste is shipped into or out of the United Kingdom (as the case may be), a financial guarantee or equivalent insurance satisfying the requirements of Article 27.
(4) A competent authority shall make its decision on an application under paragraph(2) above—
(a)
(a) in respect of a shipment to which Article 3 applies, within 20 days following receipt of the application if it is a competent authority of dispatch or transit or within 30days if it is a competent authority of destination;
(b)
(b) in respect of a shipment to which Article 6 applies, within 30 days following receipt of the application;
(c)
(c) in respect of a shipment to which Article 15 applies, within 70 days following receipt of the application;
(d)
(d) in respect of a shipment to which Article 20 applies, within 60 days following receipt of the application if it is a competent authority of transit or 70 days if it is a competent authority of destination;
(e)
(e) in respect of a shipment to which Article 23 applies, within 60 days following receipt of the application if it is the last competent authority of transit within the Community or otherwise within 20 days.
(5) A certificate issued under this regulation shall certify that the competent authority is satisfied as mentioned in paragraph (3) above.
Power of competent authority of dispatch to ensure return of waste
8.—(1) Where a competent authority of dispatch is required by Article 25(1) or 26(2) to ensure that waste is returned to the United Kingdom it may serve a notice on the notifier concerned under paragraph (2) below.
(2) A notice served under this paragraph shall require the notifier to return the waste to an area within the United Kingdom specified in the notice by a date so specified.
(3) The date specified in a notice under paragraph (2) above shall allow the notifier a reasonable time to comply with the notice, having regard, in particular, to the location of the waste at the time the notice is served.
(4) Where a notifier fails to comply with a notice served on him under paragraph (2) above, the competent authority may serve a further notice on the notifier stating that the authority intends to act as the agent of the notifier to effect the return of the waste to the United Kingdom in order to fulfil the obligations of the authority under Article 25(1) or 26(2), as the case may be.
(5) Where a competent authority serves a notice under paragraph (4) above it may act as the agent of the notifier so far as is necessary to effect the return of the waste as mentioned in that paragraph and the notifier shall provide the competent authority with such information and assistance as the authority may reasonably request in writing to enable it to effect the return of the waste.
(6) Where a competent authority acts under paragraph (5) above it shall be deemed to be the duly authorised agent of the notifier acting within the scope of its authority.
Power of competent authority of destination o ensure disposal of waste
9.—(1) Where a competent authority of destination is required by Article 26(3) to ensure the disposal or recovery of waste in an environmentally sound manner it may serve a notice on the consignee concerned under paragraph (2) below.
(2) A notice served under this paragraph shall require the consignee to ensure the disposal or recovery of waste in an environmentally sound manner in accordance with the notice and by a date specified in the notice.
(3) The date specified in a notice under paragraph (2) above shall allow the consignee a reasonable time to comply with the notice.
(4) Where a consignee fails to comply with a notice served on him under paragraph (2) above the competent authority may serve a further notice on the consignee stating that the powers set out in paragraph (6) below will be exercised on behalf of the authority so far as is necessary to enable it to effect the disposal or recovery of the waste in order to fulfil its obligations under Article 26(3).
(5) The...
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