DEFRA consultation on review of the Transfrontier Shipment of Waste Regulations 

DEFRA has launched a consultation on the Review of the Transfrontier Shipment of Waste Regulations 1994 and the UK Management Plan for Exports and Imports of Waste.  It seeks views on the proposed revisions to the UK Regulations which are required to give full effect to changes to the EC Waste Shipments Regulation. 

The key changes to the UK Regulations required by the EC Waste Shipments Regulation (WSR) include:

• Simplified control procedures so that prior notification and written consent will apply to all regulated (i.e. notifiable) shipments of waste, regardless of whether the shipment is for disposal or recovery, or where it is destined.

• Changes in the waste codes to bring them into line with the Basel Convention and the revised OECD Decision.  The new waste codes are more generic and there will be a change for the majority of codes that are used to describe waste destined for a transboundary movement.

• Changes in the use of waste codes, such that only one waste code will be allowed on each notification.  It is expected that changes to the waste codes will minimise the impact of this on operators. 

• Requirements for the transboundary movement of “Green List” wastes to be subject to the procedural requirements of article 18.  A movement form (set out in Annex VII of the revised WSR) must be completed for, and must accompany, each shipment of such waste. 

• An obligation on the producer, notifier and other undertakings involved in a shipment of waste, and / or its recovery or disposal, to take the necessary steps to ensure that any waste they ship is managed in an environmentally sound manner and without endangering human health throughout the shipment and during its recovery and disposal.  This applies to both notifiable and non-notifiable shipments. 

The consultation also invites comment on two points specifically relating to controls for shipments of Green List waste:

first, how an appropriate and reliable funding base could be established for enforcement work, given that there is currently no charging scheme for shipments of such waste to fund enforcement activity; and

second, whether there should be a requirement for those involved in shipping Green List waste to submit to the regulators a copy of the movement form (Annex VII) or information from the movement form, to facilitate waste management planning by the regulators. 

There are additional questions in the consultation document relating to the proposed extension of liability for non-compliance with the UK Regulations from solely the notifier, to “any person who ships waste”, and also the strengthening of the regulators’ powers for enforcing the UK Regulations. 

The full consultation document can be found at http://www.defra.gov.uk/corporate/consult/tfs-regs/index.htm

Further information: j-french-brooks@esauk.org