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).
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).
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.
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).
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).
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).
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).
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.
Provisions on this page are reproduced verbatim from official open data. See the attribution line.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).