The Transfrontier Shipment of Waste Regulations 1994

UK Statutory Instrument 1994 No. 1137 — creates 10 criminal offences.

10offences created

0recorded in force

10revoked

Made: 22 April 1994
In force from: 6 May 1994
Extent: Not stated
Subject: Health and safety, environment, waste and fisheries
Made under: Control of Pollution (Amendment) Act 1989

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations make provision in relation to Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community and for the purpose of implementing Council Directive 75/442/EEC (as amended) (“the Waste Framework Directive”) in respect of imports and exports of waste. The Council Regulation provides for a system of prior notification and authorization where a person intends to ship waste within, into or out of the Community. The Council Regulation requires member States to deal with a number of matters by means of their domestic legislation in relation to the operation of the new system. These Regulations deal with those matters in the United Kingdom; in particular— a designate the authorities which are to be the competent authorities and the correspondent in the United Kingdom under the new system (regulations 3, 4 and 5); b enable a competent authority of dispatch to require notifications of shipments of waste from their area to be routed through the authority rather than being sent to competent authorities by the notifier (regulation 6); c require a certificate relating to financial guarantees and insurance to be obtained prior to shipments of waste entering or leaving the United Kingdom (regulation 7); d confer powers on competent authorities to ensure that waste is returned to the United Kingdom or is recovered or disposed of where the authority is under an obligation to secure the return, recovery or disposal of the waste in accordance with the Council Regulation (regulations 8 and 9); e confer powers on customs officers to detain shipments of waste to facilitate the exercise by the competent authorities of their functions under the Council Regulation (regulation 10); f provide for the preparation of a waste management plan by the Secretary of State in accordance with the Waste Framework Directive and require competent authorities of dispatch and destination to object to shipments ofwaste in accordance with the plan (regulation 11); g set out offences and penalties in relation to non-compliance with the Council Regulation or United Kingdom Regulations (regulations 12 to 15); h confer power on the Secretary of State to require competent authorities to provide information to enable him to fulfil his functions under the Council Regulation (regulation 16); i set out how certain notices given under the United Kingdom Regulations may be served (regulation 17); j amend the Control of Pollution (Special Waste) Regulations 1980 and the Pollution Control (Special Waste) Regulations (Northern Ireland) 1981 to avoid an overlap between the control system under those Regulations and the new system under the Council Regulation (regulation 18); k amend the Controlled Waste (Registration of Carriers and Seizure of Vehicles) Regulations 1991 and the Waste Management Licensing Regulations 1994 to make the offences under regulation 12 prescribed offences under the 1991 Regulations and relevant offences under the 1994 Regulations (regulation 19); l provide a transitional registration system for dealers and brokers to enable them to act as notifiers under the Council Regulation (regulation 20); m revoke certain provisions which will be superseded on the coming into force of the new system (regulation 21).

Offences created by this instrument

Any person who contravenes a provision of the principal Regulation in the United Kingdom so that waste is shipped in… regulation 12(1) · Revoked · Strict liability
Any person who intentionally obstructs an inspector or authorised person in the exercise of his powers under… regulation 12(10) · Revoked · Requires proof of a state of mind
Any person who transports, recovers, disposes of, or otherwise handles waste in the United Kingdom in contravention of… regulation 12(2) · Revoked · Strict liability
Any consignee who, in relation to waste shipped to the United Kingdom, fails to send a certificate of disposal or… regulation 12(3) · Revoked · Strict liability
Any person who contravenes regulation 7 of these Regulations commits an offence regulation 12(4) · Revoked · Strict liability
Any person who supplies information which is false in a material particular to a competent authority in the United… regulation 12(5) · Revoked · Requires proof of a state of mind
Any person who, in the United Kingdom, mixes wastes which are the subject of different notifications during shipment… regulation 12(6) · Revoked · Strict liability
Any notifier who ships waste from the United Kingdom without having entered into a contract with the consignee in… regulation 12(7) · Revoked · Strict liability
Any notifier who ships waste from the United Kingdom which is required to be accompanied by the information set out in… regulation 12(8) · Revoked · Strict liability
Any person who fails to comply with a notice served on him under regulation 8(2) or 9(2) of these Regulations commits… regulation 12(9) · Revoked · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Environment Bill Hl Lords · Lords Chamber · 14 February 1995 · Viscount Ullswater
This group of amendments seeks to make various changes to the waste regulation functions of the agencies. Amendment No. 345 moved by the noble Baroness, Lady Hamwee, seeks to make provision for appeals against decisions taken by competent authorities carrying out their duties under the EC Waste Shipments Regulation. In Great Britain those competent authorities are either the waste regulation authorities or the Secretary of State. The functions of the former are to be transferred to the new agencies. The possibility of providing an appeals mechanism under the Transfrontier Shipment of Waste…
Environment Bill Hl Lords · Lords Chamber · 14 February 1995
The regulation is implemented in the UK by the Transfrontier Shipment of Waste Regulations 1994. The regulations make no allowance for an appeal against any decisions. The purpose of the amendment is to alter that position. I beg to move.
WEEE Directive Commons · Westminster Hall · 10 July 2007 · Lorely Burt
The hon. Gentleman makes an excellent point, which ties in nicely with my next one. The whole point of article 8.2 of the WEEE directive was to ensure that manufacturers would build recyclability into their goods. However, a joint statement by a group of companies and non-governmental organisations on producer responsibility for waste electrical and electronic equipment stated that Britain and 10 other EU member states have not incorporated article 8.2. As they do not make producers directly responsible for the recycling of their own products, those producers can elect to pay a levy and…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

This instrument on legislation.gov.uk The authoritative text, including amendments made since
Other instruments from 1994