International waste shipments and EU Exit Legislative preparation for a no-deal exit

Introductions - Defra Team Fire Alarms – none planned Toilets - beside lifts Questions - after each segment and questions at end of the session - Please say who you are and where you are from You can also email us: WasteMovements@defra.gsi.gov.uk

Agenda Objective of the session International commitments on waste shipments and current legislation The Withdrawal Bill Overview of proposed changes to EU and UK waste shipments legislation for Day 1 readiness in a no-deal scenario 2. Practical Implications for Green List Shipments - RECOVERY To OECD countries To non-OECD Countries 3. Norwegian Application to amend Annex IX of the Basel Convention

Agenda 4. Practical Implications for Notified Shipments Exports for disposal to EU Countries and EFTA countries (DRRs) Imports for disposal from EU Countries - Prohibition - Ireland Exports for disposal rest of world Imports for disposal from the rest of the world Exports for recovery to EU Exports for recovery to OECD Countries Exports for recovery to non-OECD rules 5. Other non-legislative issues (customs checks, tariffs) 6. Q&A

Objectives of today’s session Outline the purpose of the Withdrawal Act and implications for regulation of international waste shipments in the United Kingdom Explain the changes we propose to make to retained EU legislation and UK legislation on waste shipments to make sure these will still function in a scenario where the UK leaves the EU without a negotiated settlement Answer your questions Get your feedback 5

International Waste Shipments Legislation BASEL OECD EC WSR Reg. 1013/2006 EC Reg. 1418/2007 (non- OECD) Transfrontier Shipment of Waste Regs 2007 UK Plan for Waste Shipments 6

The Withdrawal Act – in brief Withdrawal Act provides powers to “fix” EU and UK regulations to ensure operability on Day 1 The “fixes” Defra will make are only intended to correct operability problems – this means only making changes that are truly necessary. Our aim is to maintain the Status Quo as far as is reasonably possible and provide certainty and continuity for the regulation of international waste shipments. 7

The Withdrawal Act Summary of key powers provided under Withdrawal Act a) repeal the ECA b) save domestic implementing legislation c) incorporate directly applicable EU law into UK law d) make provision on the application and interpretation of “retained EU law” e) provide delegated powers to deal with issues arising from withdrawal 8

Regulation EC 1013/ 2006 - the principal regulation Title I – Scope and definitions Scope changed from EU to UK References to EU Legislation - will change to references to implementing UK legislation Largely unchanged Title II - Shipments within the Community…. “backbone” of the EU Regulation Largely retained unmodified and repurposed as a general framework of procedures and rules for waste shipments References to “Community” and “Commission” removed 9

Regulation EC 1013/ 2006 Title II - Shipments within the Community…. Key change Article 11 Provides various grounds for objecting to notifying shipments Article 11 (a) - “Principles of proximity and self sufficiency” Article 16 Waste Framework Directive “Member States shall take appropriate measures, in cooperation with other Member States where this is necessary or advisable, to establish an integrated and adequate network of waste disposal installations and of installations for the recovery of mixed municipal waste collected from private households, including where such collection also covers such waste from other producers, taking into account best available techniques” 10

Regulation EC 1013/ 2006 Proposed “fix” for Article 11 of Title II Substitute WFD references for references to Article 4(2)(d) and (9)(a) of the Basel Convention “4 (2) (d) Ensure that the transboundary movement of hazardous wastes and other wastes is reduced to the minimum consistent with the environmentally sound and efficient management of such wastes, and is conducted in a manner which will protect human health and the environment against the adverse effects which may result from such movement” 11

Regulation EC 1013/ 2006 Proposed “fix” for Article 11 of Title II Substitute WFD references for references to Article 4(2)(d) and (9)(a) of the Basel Convention “9. Parties shall take the appropriate measures to ensure that the transboundary movement of hazardous wastes and other wastes only be allowed if: (a) The State of export does not have the technical capacity and the necessary facilities, capacity or suitable disposal sites in order to dispose of the wastes in question in an environmentally sound and efficient manner;” 12

Regulation EC 1013/ 2006 - the principal regulation Title III – Shipments exclusively within member states Article 33 - to be omitted as this provision relates to coherence of the process for movements of waste within a member state to process for movements within the EU. Title IV - Exports from the Community to Third Countries To be repurposed as process for UK waste exports Article 34 - exports for disposal to EFTA countries - extended to cover exports for disposal to EU countries Article 36 - exports for recovery to non-OECD countries unchanged but coverage will be modified to exclude EU member states that are not in the OECD. 13

Regulation EC 1013/ 2006 - the principal regulation Title IV - Exports from the Community to Third Countries Article 36. EU Countries not in the OECD: Bulgaria, Croatia, Cyprus, Lithuania, Malta, Romania Article 38 - exports for recovery to OECD countries unchanged but coverage will be modified to include EU member states that are not in the OECD. Article 39 exports to the Antarctic – unchanged Article 40 exports to Overseas Territories - unchanged 14

Regulation EC 1013/ 2006 - the principal regulation Title V - Imports into the Community from Third Countries To be repurposed as the process for UK waste imports Minor changes to ensure operability Article 41 imports into the UK for disposal into the UK Article 43 imports into the UK for recovery Article 44 Procedures for imports for recovery from OECD countries to be extended to cover EU members states Article 45 Procedures for imports for recovery from non-OECD countries will be modified to exclude EU Member States that are not part of the OECD 15

Regulation EC 1013/ 2006 - the principal regulation Title VI - Transit provisions Article 47 and 48 - To be repurposed as process for waste transiting the UK Minor changes to ensure operability Title VII - Other provisions Article 49 Protection of the Environment - largely unchanged - minor changes removing references to EU legislation Article 50 Enforcement - minor changes Article 5 1 Reporting - modified to provide for reporting direct to Basel Convention 16

Regulation EC 1013/ 2006 - the principal regulation Title VII - Other provisions Article 52 – Cooperation between Basel parties to be retained Article 53 - Designation of Competent Authorities to be omitted as we have already designated UK CAs through the TFS Regs Article 54 Designation of Correspondents - to be omitted Article 55 Designation of points of entry and exit - retained with minor modifications Article 56 Notification of Competent Authorities to Commission – modified as notifications to Basel Convention Secretariat Article 57 Correspondents Meetings – to be omitted Article 58 Delegated Acts - power transferred from Commission to Secretary of State 17

Regulation EC 1013/ 2006 - the principal regulation Title VII - Other provisions Article 59a – Committee Procedure - to be omitted Article 60 - Review powers - to be omitted Article 61 Repeals – no changes Article 62 Transition rules - to be omitted Article 63 Transitional provisions for certain Member States - Latvia, Slovakia, Bulgaria, Romania - to be omitted Article 64 Entry into force – to be omitted 18

Regulation EC 1013/ 2006 - the principal regulation Omitting - 9% New – 1% Modify - 24% No change - 66% . 19

Transfrontier Shipment of Waste Regulations Omit the following provisions Regulation 8 - EU Correspondents group Regulation 10 – Transitional provisions Schedule 1 – Transitional provisions Modifications Offences provisions in Parts 4, 5, 6 and 7 will be modified to ensure they are consistent with changes to the principal EU Regulation 20

Post EU Exit - will the law be frozen? Repeal of European Communities Act Impact on powers to make changes to retained EU Legislation and existing UK implementing legislation Sufficient powers under Environment Protection Act to make new legislation on waste shipments after Exit Any future changes to waste shipment controls will be subject to formal public consultation. (Sections 141 and 156) 21

Practical implications for waste shipments “Green List” waste shipments control procedures Imports of waste for recovery - no practical changes anticipated Exports of waste for recovery - no practical changes anticipated However, exports to non-OECD countries - we will rely on the existing EU Regulation EC Reg. 1418/2007 – This carried some RISKS but we consider the to be low. 22

Practical implications for waste shipments Notified waste shipments control procedures Imports of waste for disposal no practical changes anticipated as a result of the “fixing” Exit legislation However, Article 34 of the WSR prohibits export for disposal outside the EU, except to EFTA countries. This means exports of waste from the EU to the UK for disposal would be prohibited when the UK leaves the EU, if there is no negotiated settlement. 23

Practical implications for waste shipments Notified waste shipments control procedures Exports of waste for disposal - EU will treat UK as Basel Party We will maintain the current provision in the EU Regulation that prohibits the export of waste for disposal with the exception of exports to EU and EFTA countries Why should EU accept ? - existing provisions in WSR that allow for imports of waste for disposal from parties to the Basel Convention We rarely export waste for disposal 24

Practical implications for waste shipments Notified waste shipments control procedures Imports of waste for recovery & exports of waste for recovery no practical changes anticipated as a result of the “fixing” Exit legislation EU will treat UK as an OECD Decision country However, existing approved shipments that extend beyond the 29 March 2019 may be subject to a re- consenting process Our objective will be to ensure continuity for shipments that have already been approved Article 6 – Note the Additional financial guarantee for notified imports to EU (rarely used) 25

Non-legislative issues EU Waste Shipments guidance - will continue to apply ECJ Case Law on waste shipments - will continue to apply Waste Carriers Licences – subject to agreement with individual EU Member States Customs Checks - EU will introduce - Dutch already preparing - potentially up to 5% of shipments may be inspected 26

Wastes attracting tariffs vs waste without tariffs for exports to the EU No tariff Municipal Waste RDF Clinical Waste Rubber waste, parings and scrap (except hard rubber) Waste, Parings and Scrap, of Plastics Hard Rubber (e.g. ebonite) in all forms, articles, scrap Tungsten "wolfram" and articles thereof, n.e.s.; tungsten waste and scrap (excl. ash and residues containing tungsten) Waste or scrap of paper or paperboard Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators Ferrous waste and scrap; remelting scrap ingots of iron or steel Glass cullet, waste or scrap, glass in the mass Copper, copper alloy, waste or scrap Worn clothing and other worn articles Nickel waste or scrap Waste, noils, garnetted stock of manmade fibres Aluminium waste or scrap Waste organic solvents, non-halogenated Lead waste or scrap Gallium, hafnium…. Waste and scrap Zinc waste or scrap Woven fabric of silk or of silk waste Tin waste or scrap

Example of tariff rates for exports to the EU Description EU Tariff % Maximum Municipal Waste 6.5% Clinical Waste Waste organic solvents, non-halogenated Waste, Parings and Scrap, of Plastics Woven fabric of silk or of silk waste 7.5% Waste, noils, garnetted stock of manmade fibres 4.0% Worn clothing and other worn articles 5.3% Glass cullet, waste or scrap, glass in the mass 3.0% Tungsten "wolfram" and articles thereof, n.e.s.; tungsten waste and scrap (excl. ash and residues containing tungsten) 7.0% Gallium, hafnium…. Waste and scrap 4.5% Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators 4.7%

Refuse Derived Fuel - Tariffs Our view is that the export of waste for recovery does not constitute a sale of goods but the provision of a service. This is based on our understanding that UK exporters of RDF/SRF have to pay the energy recovery sites to take UK RDF/SRF away. This view is supported by both HMRC and the WTO (which considers Refuse Disposal generally a service). As a result, no tariff should be applied to the export. 29

Next steps Current plan is to lay the “fixing” legislation in October/November so it is ready to come into force on 29 March 2019 – “back pocket legislation” As the nature of any negotiated settlement becomes clearer we will prepare legislation to take account of what has been agreed with the EU. We plan on making consequential changes to the UK Plan on Waste Shipment to take account of the UK leaving the EU. These changes do not require legislation and our current plan is to consult on these changes before the 29 March 2019 if there is no Implementation Period.

EU Exit - key messages Waste Shipments is an INTERNATIONAL Regime – Defra does not anticipate significant changes in the way shipments will be controlled as a result of Exit Imports of waste for disposal from the EU may be affected Status of agreed notified shipments may be affected - re- consenting There could be secondary consequences of Exit that may disrupt some shipments (customs checks and other uncertainties). EA is preparing for these. 31