UK Offence Report

Requirements for export of waste listed in Annex III or IIIA to non-OECD Decision countries

regulation 23A(2) of The Transfrontier Shipment of Waste (Amendment) Regulations 2008

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

2 A person who transports waste destined for recovery in any country listed in the Annex to Commission Regulation (EC) No 1418/2007 (being

a country to which the OECD Decision does not apply) commits an offence if he does so in breach of that Regulation.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
contravening a requirement of the instrument
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that a person meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach regulation 23A(2)?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. On these words an offence is committed where a person transports waste destined for recovery in any country listed in the Annex to Commission Regulation (EC) No 1418/2007 (being a country to which the OECD Decision does not apply).
  2. Doing the thing the provision prohibits under the Transfrontier Shipment of Waste (Amendment) Regulations 2008, whatever the reason for doing it.
  3. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated here: this instrument amends another one, and the penalty for the offence is in the instrument being amended.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Status not determined
Made
7 January 2008
In force from
5 February 2008
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

What the instrument is for

(This note is not part of the Regulations) — the explanatory note published with the instrument, © Crown copyright.

These Regulations amend the Transfrontier Shipment of Waste Regulations 2007. They insert regulation 23A which creates an offence for failure to comply with Commission Regulation (EC) No 1418/2007. This Commission Regulation sets out the requirements for, and prohibitions that apply to, the export of waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (OJ No L 190, 12.7.2006, p.1) that is destined for recovery in non-OECD Decision countries. They insert regulation 23B which creates an offence for failure to comply with Article 37(5) of Regulation (EC) No 1013/2006. This Article applies the procedure of prior written notification and consent to the export of the following waste for recovery in countries to which the OECD Decision does not apply— a shipments of wastes not classified under one single entry in Annex III to Regulation (EC) No 1013/2006 ; b shipments of mixtures of wastes not classified under one single entry in Annex III or IIIA to that Regulation; and c shipments of waste classified in Annex IIIB to that Regulation. Regulations 23A(4) and 23B(2)(b) create offences for failure to comply with Article 37(4) of Regulation (EC) No 1013/2006. This Article requires such waste to be sent to facilities that are authorised in the country of destination. An impact assessment has not been produced for this instrument. An impact assessment of the effect that the Transfrontier Shipment of Waste Regulations 2007 will have on the costs of business and the voluntary sector is available from the Department for Environment, Food and Rural Affairs, Hazardous Waste Unit, Ergon House, Horseferry Road, London SW1P 2AL. This impact assessment is annexed to the Explanatory Memorandum which is available alongside the instrument on the Office of Public Sector Information website.

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person “commits an offence”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source