Basic information
Outline of the system
This section provides a description of the UK waste shipment notification scheme as established by the UK rules and procedures for the transboundary shipments of waste.
The import of waste into the UK is for wastes controlled under a licensing system (https://www.gov.uk/guidance/importing-and-exporting-waste#notification-c...) administered by the UK competent authorities. Its requirements are tied in with those of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, and an OECD decision on transboundary movements of waste for recovery.
Product coverage
In accordance with the UK's obligations under the Basel convention and the Organisation for Economic Co-operation and Development (OECD), the regulation applies to all shipments of waste to, from or transiting through the UK.
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Non-Automatic licensing to protect human, animal or plant life and health; protect environment; pursue obligations under the UN Charter and other international treaties
Products under restriction as to the quantity or value of imports
The notification system ensures that the UK's commitments as a party to the Basel Convention and a member of the OECD are upheld. To that effect, transboundary movements of hazardous wastes and other wastes are to be reduced to the minimum, consistent with the environmentally sound and efficient management of such wastes and to be conducted in a manner that will protect human health and the environment against the adverse effects which may result from such movement. The UK procedures applicable for the shipment of hazardous wastes are not intended to restrict the quantity or value of imports.
Questions for products under restriction as to the quantity or value of imports
The wastes concerned are not under restriction as to the quantity or value of imports. Exports of waste for disposal are subject to a general prohibition, this is to implement a government policy to support self-sufficiency in the disposal of wastes.
The system applies to products originating from which country?
The licensing system implements the UK's legal obligations as a Party to the Basel Convention and as a member of the OECD. It applies to all waste shipments to, from or transiting the United Kingdom.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
The UK's legal framework for this scheme is the retained Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste as amended by the International Waste Shipments (Amendment) (EU Exit) Regulations 2019, The International Waste Shipments (Amendment of Regulation (EC) No 1013/2006) Regulations 2020, The International Waste Shipments (Amendment of Regulation (EC) Nos. 1013/2006 and 1418/2007) Regulations 2021.
These regulations can be viewed at the following address:
https://www.legislation.gov.uk/uksi/2019/590/made
https://www.legislation.gov.uk/uksi/2020/1455/made
https://www.legislation.gov.uk/uksi/2021/785/made
Licensing is a statutory requirement for the import of any hazardous waste listed in schedules to the Basel Convention or OECD Council Decisions.
As a result of the Protocol on Ireland/Northern Ireland, Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste continues to be directly applicable in Northern Ireland.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Is it possible for the government to abolish the system without legislative approval?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any natural or legal person, firm or institution may apply for a license.
There must be a contract in place between the exporter and importer before the waste is shipped.
Is there a registration fee?
Fees to process license applications are charged by the competent authorities, the level of fee is determined by the planned number of shipments.
Is there a published list of authorized importers?
There is no published list of licensed importers or exporters as licenses are granted for an individual shipment rather that a blanket license to import or export waste.
Contact point for information on eligibility
Ministry/Authority
Environment Agency
Address
International Waste Shipments Team, Environment Agency,
Richard Fairclough House, Knutsford Road, Warrington WA4 1HT
Telephone
+44 (0) 3708 506 506
Fax
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Environment Agency
Documentation requirements
What information is required in applications?
In accordance with Article 4 of retained Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste, the application shall be effected by means of the notification document set out in Annex IA and the movement document set out in Annex IB of the Regulations. Together with Annex IA and IB, the notifier shall also supply the information listed in Annex II, Part 1 and Part 2 of the Regulation, respectively. Competent authorities may require additional information and documentation as listed in Annex II, Part 3 of the Regulation.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
License applications should be lodged in advance of the importation to allow for sufficient time for the competent authorities to produce a response. Deadlines to be respected are laid down in the UK legislation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which a license application may be made.
Issuing the license
Can a licence be granted immediately on request?
Licenses are issued only after the consent by the competent authorities of the economies involved with a requirement under the UK regulations for determination of the justification for import and the fitness of the processing organisation to treat the material in an environmentally sound manner.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Within these time constraints still, the processing time for a notification varies from case to case, depending primarily on the time taken by the competent authorities of the exporting economies concerned to provide feedback for the application, and on whether the application form is duly completed and lodged with all the required supporting documents.
Which administrative body is responsible for approving application of licences?
For notifiable shipments of waste, the submission of a license application is made by the notifier to the competent authorities of the country of dispatch and prior consent for the shipment needs to be obtained from the competent authorities of all countries concerned (dispatch, transit and destination). The competent authorities in the UK are:
- In England, the Environment Agency
- In Wales, Natural Resources Wales
- In Scotland, the Scottish Environmental Protection Agency
- In Northern Ireland, the Northern Ireland Environment Agency
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
All applications must identify the maximum amount of the waste that is intended to be covered by the licence. This limit cannot be exceeded. In addition, the applicant is provided with specific conditions that form part of the license that usually relate specifically to the transport, treatment and/or disposal of the waste.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Detailed information on fees is available on GOV.UK at https://www.gov.uk/government/publications/waste-miscellaneous-charging-...
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
A financial guarantee, or equivalent insurance, shall be established by the notifier or by another natural or legal person on its behalf and shall be effective at the time of the notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, when the shipment starts, and shall apply to the notified shipment at the latest when the shipment ends.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
This financial guarantee or equivalent insurance shall cover: (a) costs of transport; (b) costs of recovery or disposal, including any necessary interim operation; and (c) costs of storage for 90 days pursuant to Article 6 of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019.
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
Apart from statutory requirements, there are requirements under the Basel Convention for all States of Transit to control the trans-boundary movement of hazardous waste. Refusal to accept the movement by any such state shall cause the State of export to deny a license.
Are the reasons for any refusal given to applicants?
The reasons for objections to shipments for disposal and recovery are set out in the UK Plan for Waste Shipments and Articles 11 and 12 of retained Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste.
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
A copy of the approved notification and waste movement form.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
None.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Under the UK legislation the import license is valid for a period of up to 12 months, with the possibility of an extension up to 36 months (in certain circumstances) and covers the amount and number of shipments of the waste as noted in the application.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
No penalty for non-utilization.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.