The Transfrontier Shipment of Waste Regulations 2007

• Citation: S.I. 2007/1711
• Sections: 98

Section 1 Title and commencement

These Regulations may be cited as the Transfrontier Shipment of Waste Regulations 2007 and come into force on 12th July 2007.

Section 2 Application

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Section 3 Scope of the Regulations

These Regulations do not apply to the transit of waste occurring only through the marine area.

Section 4 Interpretation

(1) In these Regulations—

“Annex VII document” means the document set out in Annex VII to the Community Regulation;

“authorised person” means a person authorised by a competent authority in accordance with regulation 50A(1) ;

“ Commission Regulation (EC) No 1418/2007 ” means Commission Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply;

“the Community Regulation” means Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste;

competent authority” means a competent authority within the meaning of regulation 6 or 7;

“the English area” means that part of the marine area which is not the Northern Irish area, the Scottish area or the Welsh area;

“the marine area” means—

the area of sea within the seaward limits of the territorial sea adjacent to the United Kingdom, including—

any area submerged at mean high water spring tide, and

the waters of every estuary, bay, river or channel, so far as the tide flows at mean high water spring tide,

the seabed and the subsoil within any area designated under subsection (7) of section 1 of the Continental Shelf Act 1964 (exploration and exploitation of continental shelf), and

waters superjacent to the seabed and the seabed and its subsoil within any area designated under subsection (4) of section 84 of the Energy Act 2004 (exploitation of areas outside the territorial sea for energy production);

“the Northern Irish area” means such of the marine area adjacent to Northern Ireland which lies to the west of the Northern Irish border;

“notifiable waste” means waste that is subject to the prior written notification and consent procedures of Title II of the Community Regulation, by virtue of any provision of that Regulation;

“the Scottish area” means such of the marine area adjacent to Scotland which lies to the north of the Scottish border and east of the Northern Irish border;

“waste vessel” means any vessel or any part of any vessel that is in itself waste within the meaning of the Community Regulation.

“the Welsh area” means such of the marine area adjacent to Wales which lies within the Welsh border;

“working day” means any day except a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

(1A) In these Regulations—

(a) any reference to England, Wales, Scotland or Northern Ireland excludes any part of the marine area; and

(b) except in the case of any reference to the territorial sea adjacent to the United Kingdom and in the definition of “Dividing Line” in regulation 4A(4), any reference to the United Kingdom includes the marine area.

(2) Expressions used in these Regulations that are also used in the Community Regulation have the same meaning in these Regulations as they have in the Community Regulation.

(3) Any reference in these Regulations to—

(a) an Article is, save where the context otherwise requires, a reference to an Article of the Community Regulation;

(b) the Community Regulation is a reference to that Regulation as amended from time to time ;

(c) Commission Regulation (EC) No 1418/2007 is a reference to that Regulation as amended from time to time .

Section 4A The Northern Irish border, the Scottish border and the Welsh border

(1) In these Regulations, “the Northern Irish border” means a line joining the co-ordinates numbered 1 to 12 in Part 1 of Schedule A1.

(2) In these Regulations, “the Scottish border” means—

(a) in the North Sea, a line—

(i) joining the co-ordinates numbered 1 to 7 in Part 2 of Schedule A1,

(ii) then following, in a south easterly direction, the seaward limits of the territorial sea adjacent to the United Kingdom until the co-ordinate 55º 50ʹ 00ʺ N; 1º 27ʹ 31ʺ W, and

(iii) then following, in an easterly direction, the parallel of latitude 55º 50ʹ 00ʺ N until its intersection with the Dividing Line; and

(b) in the Irish Sea, a line—

(i) joining the co-ordinates numbered 1 to 8 in Table 1 of Part 3 of Schedule A1,

(ii) then following the seaward limits of the territorial sea adjacent to the United Kingdom until the co-ordinate numbered 1 in Table 2 of Part 3 of Schedule A1, and

(iii) then joining the co-ordinates numbered 1 to 3 in Table 2 of Part 3 of Schedule A1.

(3) In these Regulations, “the Welsh border” means a line—

(a) joining the co-ordinates numbered 1 to 8 in Table 1 of Part 4 of Schedule A1,

(b) then following the seaward limits of the territorial sea adjacent to Wales until the co-ordinate numbered 15 in Table 2 of Part 4 of Schedule A1, and

(c) then joining the co-ordinates numbered 15 to 1 in Table 2 of Part 4 of Schedule A1.

(4) In this regulation—

“co-ordinate” means a co-ordinate of latitude and longitude on the World Geodetic System 1984;

“Dividing Line” means the dividing line as defined in Article 1 of the Agreement between the United Kingdom and the Federal Republic of Germany relating to the Delimitation of the Continental Shelf under the North Sea between the two countries, signed in London on 25th November 1971;

“line” means a loxodromic line.

Section 4B Offshore installations

(1) In these Regulations, “offshore installation” means an installation or structure, other than a ship, situated in the waters of, or on or under the seabed in, the marine area and used for carrying on any of the following activities—

(a) the exploitation, or the exploration with a view to exploitation, of mineral resources in or under the shore or bed of waters in the marine area;

(b) the exploration of a place in, under or over such waters with a view to the storage of gas;

(c) the conversion of a place under the shore or bed of such waters for the purpose of storing gas;

(d) the storage of gas in, under or over such waters or the recovery of gas so stored;

(e) the unloading of gas at a place in, under or over such waters;

(f) the conveyance of things by means of a pipe, or system of pipes, constructed or placed on, in or under the shore or bed of such waters;

(g) the provision of accommodation for persons who work on or from an installation which is or has been maintained, or is intended to be established, for the carrying on of an activity in this paragraph.

(2) In paragraph (1)—

(a) “gas” means—

(i) gas as defined in section 2(4) of the Energy Act 2008 , or

(ii) carbon dioxide;

(b) “installation” includes an installation as defined in section 16 of the Energy Act 2008;

(c) “ship” includes a hovercraft, submersible craft and any other floating craft but not a vessel which—

(i) permanently rests on or is permanently attached to the seabed, or

(ii) is an installation as defined in section 16 of the Energy Act 2008;

(d) references to storing gas include storing gas with a view to its permanent disposal.

Section 5 Meaning of transport and person who transports waste

(1) Any reference in these Regulations to transport includes consigning for transport.

(2) Any reference in these Regulations to a person who transports waste includes the following persons—

(a) the notifier;

(b) any transporter of waste, by land or otherwise—

(i) into or in the United Kingdom; or

(ii) from the United Kingdom;

(c) any freight-forwarder; or

(d) any other person involved in the shipment of waste.

Section 6 Competent authorities of destination and dispatch

The competent authorities of destination and dispatch ... are—

(a) in England and the English area, the Environment Agency;

(b) in Wales and the Welsh area, the Natural Resources Body for Wales;

(c) in Scotland and the Scottish area, the Scottish Environment Protection Agency;

(d) in Northern Ireland and the Northern Irish area, the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

Section 7 Competent authority of transit

(1) The Environment Agency is the competent authority of transit for the United Kingdom ... .

(2) The Natural Resources Body for Wales, the Scottish Environment Protection Agency and the Department of Agriculture, Environment and Rural Affairs in Northern Ireland must supply the Environment Agency with any information which the Environment Agency may require in connection with its functions as the competent authority of transit under the Community Regulation .

Section 8 Correspondent

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Section 9 Notices

(1) Any notice under these Regulations must be in writing.

(2) A notice may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.

(3) A notice may be served on a person by—

(a) delivering it to him in person;

(b) leaving it at his proper address; or

(c) sending it by post or electronic means to him at his proper address.

(4) Any such notice may—

(a) in the case of a body corporate, be served on the secretary or clerk of that body;

(b) in the case of a partnership, be served on a partner or a person having the control or management of the partnership business.

(5) If the person to be served with any such notice has specified an address in the United Kingdom other than his proper address as the one at which he or someone on his behalf will accept notices of the same description as those notices, that address is also to be treated for the purposes of this regulation as his proper address.

(6) For the purposes of this regulation, “proper address” means a person’s last known address, which for the purposes of paragraph (3)(c) includes an e-mail address, except that—

(a) in the case of a body corporate or its secretary or clerk it is the address of the registered or principal office of that body;

(b) in the case of a partnership, partner or person having the control or management of the partnership business, it is the principal office of the partnership,

and for the purposes of this paragraph, the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.

Section 10 Transitional provisions

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Section 11 Waste management plan

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Section 11A UK Plan for Shipments of Waste: continuation and changes

(1) The UK Plan for Shipments of Waste of May 2012 continues to have effect.

(2) The Secretary of State may from time to time amend or replace the UK Plan for Shipments of Waste of May 2012; and that plan, as amended or replaced, is referred to in this Part as “the UK Plan”.

(3) Before amending or replacing the UK Plan, the Secretary of State must be satisfied that the change meets the objectives set out in—

(a) Article 4(2)(b) and (d) and (9)(a) of the Basel Convention ; and

(b) paragraphs 1 to 3 of Schedule 1 to the Waste (England and Wales) Regulations 2011, reading those paragraphs as if—

(i) the objectives in those paragraphs related to the United Kingdom as a whole;

(ii) in paragraph 2(2), the reference to the appropriate authority were a reference to the Secretary of State.

Section 12 Public participation procedures

(1) As soon as reasonably practicable after preparing proposals for amending or replacing the UK Plan , the Secretary of State must—

(a) take such steps as he considers appropriate to bring the proposals to the attention of the persons who in his opinion are affected or likely to be affected by, or have an interest in, the proposals (in this Part, referred to as “public consultees”);

(b) inform public consultees of the address from which a copy of the proposals may be obtained;

(c) invite public consultees to express their opinions on the proposals, specifying the address to which, and the period within which, opinions must be sent.

(2) The period referred to in paragraph (1)(c) must be sufficient to ensure that public consultees are given an effective opportunity to express their opinions on the proposals.

(3) The Secretary of State must keep a copy of the proposals for inspection by the public at all reasonable times free of charge.

(4) The Secretary of State may make a reasonable charge for copies provided under paragraph (1)(b) .

Section 13 Procedures following public participation

(1) Before decisions on amending or replacing the UK Plan are made, the Secretary of State must take account of any opinions expressed by public consultees in accordance with regulation 12 .

(2) As soon as reasonably practicable after making decisions on amending or replacing the UK Plan , the Secretary of State must—

(a) inform public consultees of the matters referred to in paragraph (3);

(b) take such steps as he considers appropriate to bring those matters to the attention of the public;

(c) if he has amended or replaced the UK Plan , make a copy of it available for inspection at all reasonable times free of charge.

(3) The matters are—

(a) the decisions made by the Secretary of State on the proposals ;

(b) the reasons and considerations upon which those decisions are based; and

(c) information about the public participation procedure.

Section 14 Provision of the plan to competent authorities

The Secretary of State must , on amending or replacing the UK Plan, send a copy of it to—

(a) the Environment Agency;

(aa) the Natural Resources Body for Wales;

(b) the Scottish Environment Protection Agency; and

(c) the Department of Agriculture, Environment and Rural Affairs in Northern Ireland.

Section 15 Objections to shipments of waste

For the purpose of preventing shipments of waste that are not in accordance with the UK Plan —

(a) a competent authority of destination must object to any shipment notified in accordance with the Community Regulation which the UK Plan indicates should not be brought into the United Kingdom; and

(b) a competent authority of dispatch must object to any shipment notified in accordance with the Community Regulation which the UK Plan indicates should not be dispatched from the United Kingdom.

Section 16 The Waste (England and Wales) Regulations 2011

The reference to a waste management plan in regulation 7 of the Waste (England and Wales) Regulations 2011 includes the UK Plan .

Section 17 Protection of the environment

A person commits an offence if he fails to comply with Article 49(1) (the management of shipments of waste in an environmentally sound manner and without endangering human health).

Section 18 Compliance with notification etc.

A person commits an offence if he transports waste other than in accordance with—

(a) the notification document or movement document, in the case of notifiable waste; or

(b) the Annex VII document, in the case of waste subject to the procedural requirements of Article 18(1).

Section 19 Requirements for shipments of notifiable waste

(1) This regulation applies to waste specified in Article 3(1)(a) or (b) or Article 3(5) that originates in the United Kingdom or the European Union and is either brought into the United Kingdom or destined for an EU country , whether or not that waste passes through a non-EU country .

(2) A person who transports such waste commits an offence if he does so without—

(a) the competent authority of dispatch having been notified in accordance with Article 4;

(b) a contract having been entered into or a declaration having been made in accordance with Article 5;

(c) a financial guarantee or equivalent insurance being in place and approved by the competent authority in accordance with Article 6;

(d) a consent issued by the competent authority of dispatch and destination in accordance with Article 9 and a consent issued by the competent authority of transit, unless there is tacit consent to the transit in accordance with Article 9(1);

(e) the movement document having been—

(i) completed in accordance with Article 16, first paragraph and Article 16(a); or

(ii) sent to the competent authorities concerned and the consignee in accordance with Article 16(b);

(f) the waste being accompanied by the movement document and notification document in accordance with Article 16(c); or

(g) the competent authorities and consignee having been notified of any change in the details or conditions of the shipment in accordance with Article 17 and, in such a case, a new notification having been submitted in accordance with that Article.

(3) He commits an offence if—

(a) he does so in breach of any condition imposed under Article 10;

(b) in the case of a shipment covered by a general notification, he does so without the competent authorities concerned having been notified of a change in route in accordance with Article 13(2);

(c) in the case of a shipment of waste destined for an interim recovery or disposal operation, he does so without the notification document having been completed in accordance with Article 15(a); or

(d) he fails to comply with Article 19.

Section 20 Requirements for shipment of waste specified in Article 3(2) and (4)

(1) This regulation applies to waste specified in Article 3(2) or (4) that originates in the United Kingdom or the European Union and is either brought into the United Kingdom or is destined for an EU country , whether or not that waste passes through a non-EU country .

(2) A person who transports such waste commits an offence if—

(a) he does so without the waste being accompanied by a completed Annex VII document in accordance with Article 18(1)(a), that is signed in accordance with Article 18(1)(b);

(b) in the case of waste specified in Article 3(2), he does so without a contract as referred to in Article 18(2) having been entered into; or

(c) he fails to comply with Article 19.

Section 21 Prohibition on export of waste for disposal other than to EU or EFTA countries

A person commits an offence if he transports waste destined for disposal in a non-EU country in breach of Article 34 (prohibition on export except, in certain circumstances, to EU or EFTA countries Parties to the Basel Convention).

Section 22 Requirements for export of waste for disposal to EFTA countries

(1) This regulation applies to waste destined for disposal in any EFTA country Party to the Basel Convention.

(2) A person who transports such waste commits an offence if he does so—

(a) without the provisions of Article 35(1) having been complied with (procedural requirements for export to EFTA countries); or

(b) in breach of Article 35(5) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Section 23 Prohibition on export of certain waste for recovery to non-EU, non-OECD Decision countries

A person commits an offence if, in breach of Article 36(1), he transports waste specified in that Article that is destined for recovery in a non-EU country to which the OECD Decision does not apply.

Section 23A Requirements for export of waste listed in Annex III or IIIA to non-EU, non-OECD Decision countries

(1) This regulation applies to waste—

(a) listed in Annex III or IIIA to the Community Regulation; and

(b) the export of which is not prohibited under Article 36.

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

(3) A person who transports waste destined for recovery in any other non-EU country to which the OECD Decision does not apply commits an offence if he does so without complying with the procedure of prior written notification and consent as described in Article 35, in accordance with the second paragraph of Article 37(2).

(4) In either case, he commits an offence if he transports such waste in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Section 23B Requirements for export of waste classified under more than one entry in Annex III etc. to non-EU, non-OECD Decision countries

(1) This regulation applies to waste specified in Article 37(5) that is—

(a) destined for recovery in a non-EU country to which the OECD Decision does not apply; and

(b) the export of which is not prohibited under Article 36.

(2) A person who transports such waste commits an offence if he does so—

(a) without the procedure of prior written notification and consent as described in Article 35 having been complied with in accordance with Article 37(5); or

(b) in breach of Article 37(4) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Section 24 Requirements for export of waste for recovery to non-EU OECD Decision countries

(1) This regulation applies to waste specified in Article 38(1) destined for recovery in any non-EU country to which the OECD Decision applies (with or without transit through any country to which that Decision applies).

(2) A person who transports such waste commits an offence if he does so—

(a) without the provisions of Article 38(1) having been complied with (procedural requirements for the export of waste listed in Annexes III, IIIA, IIIB, IV and IVA); or

(b) in breach of Article 38(6) (requirement for consignment only to facilities operating or authorised to operate under the applicable national law of the country of destination).

Section 25 Miscellaneous prohibitions on export of waste

A person commits an offence if—

(a) he transports waste to the Antarctic;

(b) he transports waste destined for disposal in an overseas country or territory in breach of Article 40(1);

(c) he transports waste destined for recovery in an overseas country or territory in breach of Article 40(2)(prohibition on the export of certain waste); or

(d) he transports waste specified in Article 40(3) destined for recovery in an overseas country or territory without the provisions of that Article having been complied with (procedural requirements for exports to overseas countries or territories).

Section 25A Disapplication of offences

Where an offence is committed under—

(a) regulation 5(1)(a) of the Mercury Export and Data Regulations 2010, an offence will not be committed under regulations 21 to 23, 24 or 25; or

(b) regulation 5(1)(b) of those Regulations, an offence will not be committed under regulation 25.

Section 26 Prohibition on the import of waste for disposal

A person commits an offence if, in breach of Article 41(1), he transports waste destined for disposal that has come from a third country or area other than those specified in that Article.

Section 27 Procedure for import of waste for disposal from a non-EU country Party to the Basel Convention

(1) This regulation applies to waste destined for disposal that has come from a non-EU country Party to the Basel Convention.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 42(1) having been complied with (procedural requirements for the import of waste destined for disposal from countries Parties to the Basel Convention).

Section 28 Prohibition on import of waste for recovery

A person commits an offence if, in breach of Article 43(1), he transports waste destined for recovery that has come from a third country or area other than specified in that Article.

Section 29 Requirements for import of waste for recovery from or through a non-EU OECD Decision country

(1) This regulation applies to waste destined for recovery that has come from or through a non-EU country to which the OECD Decision applies.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 44(1) having been complied with (procedural requirements for imports of waste destined for recovery from, or through, an EU or OECD Decision country).

Section 30 Requirements for import of waste for recovery from a non-EU, non-OECD Decision country Party to the Basel Convention

(1) This regulation applies to waste destined for recovery that has come —

(a) from a non-EU country to which the OECD Decision does not apply; or

(b) through a non-EU country to which the OECD Decision does not apply and that is Party to the Basel Convention.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 45 having been complied with (procedural requirements for imports from a non-EU, non-OECD Decision country Party to the Basel Convention).

Section 31 Requirements for import of waste from overseas countries or territories

A person who transports waste that has come from any overseas country or territory commits an offence if he does so without the provisions of Article 46(1) having been complied with (procedural requirements for the import of waste from overseas countries or territories).

Section 32 Requirements for transit of waste for disposal

(1) This regulation applies to waste destined for disposal that—

(a) originates from, and is destined for, a non-EU country; and

(b) is transported through the United Kingdom.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 47 having been complied with (procedural requirements for shipments of waste destined for disposal from and to a non-EU country).

Section 33 Requirements for transit of waste for recovery: non-EU, non-OECD Decision countries

(1) This regulation applies to waste destined for recovery that—

(a) originates from, and is destined for, a non-EU country to which the OECD Decision does not apply; and

(b) is transported through the United Kingdom.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(1) having been complied with (procedural requirements for shipments of waste destined for recovery from and to a country to which the OECD Decision does not apply).

Section 34 Requirements for transit of waste for recovery: EU OECD Decision countries

(1) This regulation applies to waste destined for recovery that—

(a) originates from, and is destined for, a EU country to which the OECD Decision applies; and

(b) is transported through the United Kingdom.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(2) having been complied with (procedural requirements for shipments of waste destined for recovery from and to a country to which the OECD Decision applies).

Section 35 Requirements for transit of waste between EU or OECD Decision countries and non-EU, non-OECD Decision countries

(1) This regulation applies to waste destined for recovery that—

(a) originates from a non-EU country to which the OECD Decision does not apply and is destined for an EU country or a country to which the OECD Decision applies; or

(b) originates from an EU country or a country to which the OECD Decision applies and is destined for a non-EU country to which the OECD Decision does not apply.

(2) A person who transports such waste commits an offence if he does so without the provisions of Article 48(3) having been complied with (procedural requirements for shipments of waste destined for recovery between EU or OECD Decision and non-EU, non-OECD Decision countries).

Section 36 Illegal shipments of waste brought to a facility

If the operator of a facility knows or has reasonable grounds to suspect that waste brought to that facility is an illegal shipment of waste, he must notify the competent authority immediately and comply with their instructions and failure to do so is an offence.

Section 37 Duties on operators of facilities in respect of notifiable waste

(1) This regulation applies to the operator of a facility that receives notifiable waste.

(2) He commits an offence if he fails to—

(a) ensure that the recovery or disposal of such waste is completed within the time period in Article 9(7);

(b) comply with any condition of a consent imposed on him by the competent authority of destination in accordance with Article 10(1);

(c) comply with any condition, imposed by the competent authority of destination in accordance with Article 10(5), requiring him to keep records specified in that Article and send them to that competent authority in accordance with that Article;

(d) retain the movement document in accordance with Article 16(c);

(e) provide, in accordance with Article 16(d), confirmation that waste has been received;

(f) certify, in accordance with Article 16(e), that non-interim recovery or disposal has been completed;

(g) keep any document sent to or by the competent authorities in relation to a notified shipment in accordance with Article 20(1); or

(h) inform the competent authority of destination in accordance with Article 22(1) if a shipment of waste is rejected.

Section 38 Interim recovery or disposal operations

(1) This regulation applies to the operator of a facility that carries out interim recovery or disposal operations.

(2) He commits an offence if he fails to—

(a) provide confirmation to the notifier or competent authorities concerned of the receipt of waste for interim recovery or disposal operations in accordance with Article 15(c); or

(b) certify, in accordance with Article 15(d), that interim recovery or disposal has been completed.

(3) He commits an offence if, in the case of waste sent to another facility for subsequent interim or non-interim recovery or disposal operation, he fails to—

(a) obtain from that facility, in accordance with Article 15(e), first paragraph, a certificate that such operation has been completed; or

(b) transmit that certificate to the notifier and competent authorities concerned in accordance with Article 15(e), second paragraph.

(4) He commits an offence if he delivers waste for subsequent interim or non-interim recovery or disposal operations in accordance with Article 15(f), without complying with the notification requirements of that Article.

Section 39 Duties on operators of facilities in respect of waste subject to general information requirements

(1) This regulation applies to the operator of a recovery facility that receives waste subject to the procedural requirements of Article 18(1).

(2) He commits an offence if he fails to—

(a) sign the Annex VII document, in accordance with Article 18(1)(b); or

(b) keep the information given pursuant to Article 18(1), in accordance with Article 20(2).

Section 40 Duties on consignees in respect of notifiable waste

(1) This regulation applies to a consignee of notifiable waste.

(2) He commits an offence if he fails to keep any document sent to or by the competent authorities in relation to a notified shipment in accordance with Article 20(1).

Section 41 Duties on consignees in respect of waste subject to general information requirements

(1) This regulation applies to a consignee of waste subject to the procedural requirements of Article 18(1).

(2) He commits an offence if he fails to—

(a) sign the Annex VII document, in accordance with Article 18(1)(b);

(b) provide a copy of the contract referred to in Article 18(2), second paragraph, to the competent authority upon request, in accordance with that Article; or

(c) keep information given pursuant to Article 18(1), in accordance with Article 20(2).

Section 42 Duties on laboratories

(1) This regulation applies to the operator of a laboratory that receives waste subject to the procedural requirements of Article 18(1).

(2) He commits an offence if he fails to—

(a) sign the Annex VII document, in accordance with Article 18(1)(b); or

(b) keep the Annex VII document for three years from the date the shipment started.

Section 43 Notifier’s duty to keep documents

A notifier commits an offence if he fails to keep—

(a) a copy of the movement document in accordance with Article 16(c); or

(b) any document sent to or by the competent authorities in relation to a notified shipment in accordance with Article 20(1).

Section 44 Duties on persons who arrange the shipment of waste

(1) This regulation applies to a person who arranges the shipment of waste subject to the procedural requirements of Article 18(1).

(2) He commits an offence if he fails to—

(a) provide the competent authority with a copy of the contract referred to in Article 18(2) upon request, in accordance with the second paragraph of that Article; or

(b) keep the information given pursuant to Article 18(1), in accordance with Article 20(2).