Repatriation of Illegally Exported Waste Framework

International waste shipments relate to the import and export of waste across international boundaries. These movements of waste are subject to the controls outlined in the retained EU Waste Shipments Regulations, which aim to ensure a high level of protection for human health and the environment. The regulations also aim to prevent the unauthorised disposal/recovery of hazardous waste shipments in countries where they are not able to handle the waste in an environmentally sound manner, without hindering the legitimate trade in waste.

International waste shipments from England can be subject to notification controls, which applies to all imports and exports of:

• Hazardous waste moving for recovery

• Any type of waste moving for disposal

• Some imports and exports of non-hazardous wastes for recovery

Where these controls apply, organisations need a uniquely numbered notification and movement form issued by the Environment Agency (EA) before movement of the waste. Organisations could also be subject to ‘green list controls’. These are the lowest level of control and only ever apply to some imports or exports of non-hazardous waste for recovery. Where these controls apply, organisations do not require EA permission before moving the waste, but they do have to comply with Waste Shipment Regulation, Article 18 controls.

Under the regulations the EA and other public named bodies carry out regulatory duties to meet their statutory obligations. This includes ensuring that waste, which has been illegally exported or shipments which cannot be completed, can be repatriated back to the UK, preferably within the statutory 30-day timescale. Historically, the 30-day statutory requirement has never been enforced, with the EA and overseas authorities liaising to ensure the waste is repatriated as soon as practicable. Occasionally the EA have to manage repatriations and bear the cost, hence the need for a framework