The government has released a series of technical notices, giving guidance to those involved with waste shipments and how to maintain continuity in case of a ‘no deal Brexit’. 

In what is described as an ‘unlikely scenario’, this guidance gives those companies affected information to make plans and preparations should the UK leave the EU on the 29 March 2019 (Brexit) without a trade deal. They are also working with devolved administrations on technical notices.

We strongly advise that members read the full information provided by the Government, but a summary is available below.

The Basel Convention

International shipments are currently controlled through a process of prior written consent under the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (The Basel Convention). This allows countries exporting hazardous waste to verify that the authorities in destination countries will accept the proposed shipment and that the waste can be managed in an environmentally sound manner at its final destination.

The EU Waste Shipment Regulation

The EU Waste Shipment Regulation (WSR), which implements the provisions of the Basel Convention into EU law, provides a system to control the movement of waste into, within, and from, Europe for energy recovery or recycling. It prohibits the shipment of waste for disposal, by landfill or incineration, to countries outside the EU and the European Free Trade Area (EFTA). The export of hazardous waste to countries that are not members of the Organisation for Economic Co-operation and Development (OECD) is also prohibited. Post Brexit, the UK will remain a party to the Basel Convention and a member of OECD.

Post Brexit, if there is no deal

Validity of approvals to ship notified waste to, from and through the EU
According to a European Commission notice, import/export licences issued by the UK would no longer be valid for shipments of waste to the 27 remaining EU countries. Licences issued by the EU for shipment to the UK will also no longer be valid.

Therefore ‘notified waste’ shipments between the UK and EU will need to be reapproved. The WSR has, as yet, not set out a process as to how these shipments between the UK and EU member countries should be reapproved. They will communicate the next steps before the end of November.

Waste shipments from the UK to the EU
Leaving the EU without a deal, the UK will implement international rules of the Basel Convention and OECD agreements when trading with an EU member country.

It is advised that UK exporters should familiarise themselves with the customs guidelines the EU has laid down for imports of waste from outside the EU.

Waste shipments from the EU to the UK
The UK would be treated in the same way as any other OECD country looking to import waste from an EU country and would continue to apply the procedures laid down in the Basel Convention and the OECD decision.

There would be no changes to the procedure for imports and exports of waste for recycling that are eligible to be shipped under the Green Control procedure as laid down in the OECD decision and the WSR.

BMRA continues to work with the Department for International Trade, Defra and EuRIC to ensure that members can continue to export metal for recycling outside the UK. The Association is working to better understand any likely impacts, including new tariffs, and will advise members accordingly.