Transfrontier shipment of waste—offences, enforcement and penalties
Produced in partnership with Angus Evers of Shoosmiths

The following Environment practice note produced in partnership with Angus Evers of Shoosmiths provides comprehensive and up to date legal information covering:

  • Transfrontier shipment of waste—offences, enforcement and penalties
  • Brexit impact
  • International Waste Shipments (Amendment) (EU Exit) Regulations 2019
  • Importing and exporting waste from 1 January 2021 guidance
  • Offences under the TFSR
  • Enforcement under the TFSR
  • Penalties

Transfrontier shipment of waste—offences, enforcement and penalties

The Transfrontier Shipment of Waste Regulations 2007, SI 2007/1711 (TFSR) (as amended by the Transfrontier Shipment of Waste (Amendment) Regulations 2008, SI 2008/9 and the Transfrontier Shipment of Waste (Amendment) Regulations 2014, SI 2014/861), make provision for the enforcement of EU Regulation 1013/2006 on Shipments of Waste (WSR). For more information, see Practice Note: Regulation (EC) 1013/2006 on shipments of waste—snapshot.

This Practice Note sets out the offences created by the TFSR, the way in which the TFSR are enforced and the possible penalties upon prosecution. For more information on obligations under the TFSR, see Practice Note: Transfrontier shipments of waste—compliance and controls.

Brexit impact

11 pm (GMT) on 31 December 2020 marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements came to an end and significant changes began to take effect across the UK’s legal regime. Any changes relevant to this content will be set out below. For further guidance, see Practice Note: Brexit—impact on environmental law and News Analysis: Brexit Bulletin—key updates, research tips and resources.

International Waste Shipments (Amendment) (EU Exit) Regulations 2019

The International Waste Shipments (Amendment) (EU Exit) Regulations 2019, SI 2019/590 largely in force from the end of the implementation period (IP

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