Transfrontier shipments of waste—compliance and controls
Produced in partnership with Angus Evers of Shoosmiths LLP
Transfrontier shipments of waste—compliance and controls

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

  • Transfrontier shipments of waste—compliance and controls
  • Brexit impact
  • Legislative and policy framework
  • Determining waste controls applicable
  • Rules applicable in particular circumstances
  • Competent authorities
  • Enforcement

Brexit impact

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content.

For further guidance, see: Brexit—impact on environmental law and Brexit Bulletin—key updates, research tips and resources.

Legislative and policy framework

At an international level, the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal (the Basel Convention) provides a framework for controlling the movement and management of hazardous and certain other wastes. Waste must be transported and recovered in an environmentally sound manner to avoid pollution of the environment or harm to human health. The UK is a party to the Basel Convention in its own right and by virtue of its membership of the European Union (EU). See Practice Note: The Basel Convention—snapshot.

At a European level, Waste Shipment Regulation (EC) No 1013/2006 (WSR) incorporates the Basel Convention into EU law. The WSR creates controls on transfrontier shipments of waste. The WSR is binding in its entirety and directly applicable in all Member States without any further modification or action from domestic legislatures.

At a domestic level, the WSR is supplemented by the Transfrontier Shipment of