Defra's consultation on the review of the Transfrontier Shipment (TFS) of Waste Regulations and the UK management plan for the import and export of wastes is due to end on 12 March 2007 for comments.
The reviews were undertaken following changes to the EC Waste Shipments Regulation, which will apply in July 2007.
Defra, with the agreement of the devolved administrations for Scotland, Wales and Northern Ireland, published the consultation paper on 19 December 2006 in relation to the reviews of the legislation, which applies to shipments of waste into, out of and through the United Kingdom.
This UK Management Plan takes into account the UK’s obligations under international, EC and national law, particularly under the the Basel Convention and Regulation (EC) No 1013/2006 on Shipments of Waste (the Community Regulation), which implements the Basel Convention within the European Community.
The Plan was prepared to meet the requirement of regulation 10 of the Transfrontier Shipments of Waste Regulations [2007] which requires the Government to prepare a waste management plan containing policies on the shipment of waste for disposal into and out of the UK.
From a practical viewpoint, a decision was taken by Government and the devolved administrations to use a single approach for the Plan covering the whole of the UK.
Anyone shipping waste would need to do so in accordance with the Community Regulation see below), the TFS Regulations and the UK Management Plan.
The information provided by DEFRA contains a useful and informative explanatory note.
Key legislation
The Basel Convention on the control of transboundary movements of hazardous
wastes and their disposal (the Basel Convention), provides the framework for a
global system for controlling movements of hazardous wastes and other wastes,
and ensuring that these wastes are managed in an environmentally sound manner.
The Basel Convention entered into force for Member States of the European Union
in 1993, via Council Regulation 259/93 of 1 February 1993 on the supervision and
control of shipments of waste within, into and out of the European Community.
Decision III/I (Amendment to the Basel Convention) prohibits the transboundary
movement of hazardous waste to states that are not members of the OECD,
European Community and Liechtenstein. This provision took effect within the
Community from 1 January 1998 with the amendment of Council Regulation (EEC)
No 259/93 by Council Regulation (EC) No 120/97
OECD Council Decision C(2001)107/Final of the OECD Council concerning the
revision of Decision C(92)/Final on the control of transboundary movements of
waste destined for recovery operations (the OECD Decision) harmonised lists of
waste used in the OECD Decision with those used in the Basel Convention, and
revised certain other requirements. These changes, and a number of amendments
that had been made to Council Regulation (EEC) No. 259/93 made it necessary to
revise this Regulation.
A revised Community Regulation on Shipments of Waste applies directly within the
Community from 12 July 2007. Regulation (EC) No. 1013/2006 of the European
Parliament and of the Council of 14 June 2006 on shipments of waste incorporates
into European Community law the provisions of the Basel Convention, including
Decision III/I, and the OECD Decision.
It is supplemented in the UK by the Transfrontier Shipment of Waste Regulations 2007, which provides for offences and penalties for non-compliance with the Community Regulation and identifies the competent authorities for shipments of waste within the UK.
Article 11 of Regulation (EC) No. 1013/2006 sets out the grounds by which Member
States may object to shipments for disposal. Member States have the discretion to
prohibit imports in order to achieve key objectives under the EC Waste Framework
Directive(2006/12/EC), namely promoting the principles of priority for recovery, and
proximity and self-sufficiency in the disposal of waste.
The UK Plan, which is drawn up under Regulation 10 of the Transfrontier Shipment of Waste Regulations 2007, seeks to support the key objectives under the Waste Framework Directive, and sets out Government policies on the bringing into, or dispatch of waste from, the United Kingdom for disposal.
Further information
For further information visit the DEFRA website.
[Parts of the above article are sourced from the Defra website and are Crown © 2006]