International Shipments of Waste
Controls and regulations
Control framework
Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (the ‘Waste Shipments Regulation’) sets out the control framework for shipments of waste to, from and within the Community, and implements the Community’s obligations under the UN Basel Convention and the OECD decision on transboundary movements of waste.
The Waste Shipments Regulation is supplemented in the UK by the Transfrontier Shipment of Waste Regulations 1994 (S.I. 1137) and the UK Management Plan for Exports and Imports of Waste.
Changes to the control framework
The control framework for the shipment of waste to and from the UK is changing. A revised Waste Shipments Regulation will come into effect on 12 July 2007 – this will affect all those who ship waste into or out of the UK.
Following changes to the Basel Convention and the OECD decision it was recognised that the WSR needed to be revised to ensure that these changes were implemented within the Community. The revised Regulation (Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste) applies from 12 July 2007:
The Transfrontier Shipment of Waste Regulations 1994
The WSR is directly applicable in the UK – that is its provisions do not require transposition into national legislation. However, national legislation is required to give full effect to the provisions. In the UK, this is achieved through a Statutory Instrument, The Transfrontier Shipment of Waste Regulations 1994, as amended. This Regulation sets out offences and penalties, and designates the competent authorities responsible for enforcing the WSR in the UK.
UK Plan for Exports and Imports of Waste
In addition to the WSR and the TFS Regulations 1994, the UK has a statutory policy document, the United Kingdom Management Plan for Exports and Imports of Waste (the Plan). The Plan, which applies to the whole of the UK sets out the Governments policies on exports out of and imports into the UK of waste for disposal and recovery. The Plan came into operation on 1 June 1996.
The Plan is legally binding and provides the means to implement the Governments long-standing policy of self-sufficiency in waste disposal. Whilst preserving legitimate trade in wastes moving for recovery, the Plan contains guidance to combat “sham recovery”. The Plan also takes account of the UK’s international obligations, in particular under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their disposal. The Plan also incorporates technical guidance to assist UK competent authorities in taking decisions on proposed shipments notified under the WSR.
The TFS Regulations and the UK Plan are currently being revised, primarily to reflect the changes to the Waste Shipments Regulation although the opportunity is also being taken to update these pieces of legislation. The revised TFS Regulations must come into force on the date of application of the revised WSR and the revised Plan is expected to come into force at approximately the same time.
Waste Shipments Regulation
A summary of responses to a consultation on: revised Regulations and a revised UK Plan was published in August 2007
Where a substance or material falls within the definition of waste, as set out in the Waste Framework Directive, the controls of the Waste Shipments Regulation (WSR) will apply to any movement of that waste where it leaves, enters or transits through the UK.
The WSR prohibits the export of all waste for disposal outside the Community, but it does not prohibit imports for disposal. Member States have the ability to impose more restrictive controls if they wish. It is current UK Government policy that no waste should be exported from the UK for disposal.
Hazardous wastes may be traded between OECD countries for recovery or recycling. The controls for such shipments depend on whether the waste is classified as hazardous, e.g. lead acid batteries, or highly hazardous, e.g. asbestos.
Before the competent authorities allow a shipment of notifiable waste to take place they must be satisfied that the correct arrangements are in place. This includes a contract between the waste producer and the waste disposal or recovery operator and confirmation that a financial guarantee, which is required to cover the safe management of the waste in the event of difficulties, is in place.
Non-hazardous wastes can usually be exported to other EU Member States for recovery under commercial controls only. Shipments to some of the newer Member States are subject to more stringent controls.
Under the WSR the export of all hazardous wastes to non-OECD countries is prohibited. Shipments to non-OECD countries of non-hazardous waste may be banned, subject to hazardous waste control procedures, or excluded from control of the WSR, according to the wishes of the importing country. The specific controls on such a shipment depend upon the waste category and country of destination. The specific requirements for each country are listed in:
• Council Regulation (EC) No. 1420/1999 (for prohibitions)
• Commission Regulation (EC) No. 1547/1999 (for control levels for shipments)
The controls for these types of shipment will be changing in 2007 following revision of the Council and Commission Regulations.
Page last modified:
8 August 2007
Page published: 5 February 2003