Basel Convention



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UNITED KINGDOM




Status of Ratification/Accession/Acceptance/Approval:

07.02.1994 (r)

Ratification of the Amendment to the Basel Convention:

13.10.1997






Competent Authority







Focal Point





There are 29 Competent Authorities for the United Kingdom. A complete list could be obtained from the Focal Point.

Secretary of State for Environment, Food and Rural Affairs
c/o Waste Policy Division, DEFRA

Floor 7/G15, Ashdown House

123 Victoria Street, London, SW1E 6DE

tel: (44-20) 7944-6424

fax: (44-20) 7944-6409

e-mail: Jane.Stratford@defra.gsi.gov.uk

web site: http://www.defra.gov.uk




National Definition

‘Waste’, including wastes subject to transboundary movements, is defined in Article 1(a) of the EC Framework Directive on Waste (Council Directive 75/442/EEC as amended by 91/156/EEC and Council Decision 96/350/EEC). Article 1(a) provides that ‘waste’ shall mean any substance or object in the categories set out in Annex I [to the Directive] which the holder discards or intends or is required to discard.
Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (‘the WSR’) provides the means for supervising and controlling shipments of waste within, into and out of the EC. The WSR is the means by which the UK and other EU Member States implement the Basel Convention and OECD Decision C(92)39/FINAL.
While the WSR does not include a definition of "hazardous waste", wastes listed in Annex III or Annex IV of the WSR destined for movements for recovery within the OECD are controlled as hazardous and highly hazardous respectively. Wastes destined for recovery operations that are not listed in Annexes II, III or IV of the WSR are subject to hazardous waste controls. All shipments of hazardous and non-hazardous waste for disposal are subject to hazardous waste control procedures. Shipments outside the OECD are controlled subject to the rules in relation to Annex V of the WSR.








Wastes listed in Annexes III and IV of the WSR that are destined for recovery operations are controlled as hazardous and highly hazardous wastes respectively, for the purpose of transboundary movements. A number of the wastes listed in these Annexes are not included within the scope of Article 1(1)a of the Basel Convention.
Wastes destined for recovery operations that are not listed in Annexes II, III or IV of the WSR are subject to hazardous waste controls.
Wastes listed on Annex II ‘green list of wastes’ of the WSR may be subject to hazardous waste controls if they are contaminated by other materials to an extent which increases the risks associated with the waste sufficiently to render it appropriate for inclusion in the amber or red lists, or prevents the recovery of the waste in an environmentally sound manner.
Shipments of non-hazardous wastes (green list) for recovery to non-OECD countries may also be subject to hazardous waste control procedures according to the wishes of the importing country. Commission Regulation 1547/1999 (as amended) and Council Regulation 1420/1999 (as amended) set out the applicable control procedures for such shipments (the ‘green list Regulations’).


Data* on the Generation and Transboundary Movements of Hazardous Wastes** and Other Wastes*** in 2000 (as reported)








Quantities (in metric tonnes)

Generation

Total amount of hazardous wastes generated

6 296 043 1)

Total amount of other wastes generated

No data

Transboundary Movement

Total amount of hazardous wastes and other wastes exported

45 272 2)

Total amount of hazardous wastes and other wastes imported

254 227 2)

* Figures are rounded to the nearest integer.

** Covers wastes under Art. 1 (1)a (Annex I: Y1-Y45) and Art. 1 (1)b.

*** Covers wastes under (Annex II: Y46-Y47).

1) These figures are for England, Wales and Scotland. Amount refers to the total amount of special waste arisings in the United Kingdom.

The estimate of hazardous waste arisings in the UK is taken from data collected under the Special Waste Regulations 1996 (as amended) and the Special Waste Regulations (Northern Ireland) 1998. Under these Regulations all domestic movements of 'special waste' are tracked by consignment notes. The definition of hazardous waste for domestic movement used within these Regulations is derived from EC Directive 91/689/EC on hazardous waste and Decision 94/904 EC, which sets out an EC hazardous waste list Article 1(4) of the 1991 Directive allows EC Member States to go beyond EC hazardous waste lists. The UK has taken up this option through setting out criteria by which waste, not on the hazardous waste list but possessing one or more of a limited number of hazardous waste properties, is also recorded as hazardous. The figures are only estimates as hazardous waste arisings may be double-counted if they are subject to more than one movement. There will also be hazardous waste arisings on-site which do not need to be tracked and are thus not included in the data.

2) Clarification is pending from United Kingdom concerning the figure.




Restrictions on Transboundary Movement

Amendment to the Basel Convention

Council Regulation (EC) No 120/97 amending Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (“the WSR") implements the amendment to the Basel Convention (Decision III/1) in the European Community.







Restrictions on export for final disposal

Article 14 of the WSR prohibits the export of wastes for disposal, except to other EU and EFTA countries. However, the UK prohibits the export of all wastes for disposal (as set out in the UK Management Plan for Exports and Imports of Waste, which came into effect in June 1996). The restriction covers all countries and all wastes.







Restriction on export for recovery

Council Regulation 120/97 prohibits the shipment of certain wastes for recovery from EU Member States to countries not covered by OECD Decision C(92)/39. Annex V of the WSR, which specifies the hazardous wastes subject to the prohibition, was amended by Commission Regulation (EC) No 2557/2001 The restriction covers exports from members of the European Union.







Restrictions on import for final disposal

The UK Management Plan for Export and Imports for Waste (June 1996) sets out, among other things, the UK's policy on the import of waste for final disposal.


The general presumption is that wastes should not be imported for disposal in the UK and imports of all wastes for disposal are prohibited, except in limited circumstances.
Imports of waste for some disposal operations are banned without exception. These are: release into water bodies (oceans, sea beds, rivers etc); incineration at sea; permanent storage; and temporary storage.

For some other disposal operations (landfill, biological, chemical or physio-chemical treatment, and incineration) exceptions are allowed where:



  • the exporting country does not have and cannot be expected to acquire suitable facilities, and where imports of wastes which cannot realistically be dealt with in an environmentally sound manner in, or in closer proximity to, the country of origin;

  • imports for high temperature incineration, from Ireland and Portugal; and

    • imports of hazardous wastes for high temperature incineration from any country, in cases of emergency.

Additional prohibitions apply by virtue of Regulations made under UK health and safety legislation:



  • imports of amphibole asbestos into the UK are prohibited by regulation 3 of the Asbestos (Prohibitions) Regulations 1992.

  • imports into the UK, other than from another Member State of the European Economic Area, of the following substances and articles are prohibited under regulation 4(2) of The Control of Substances Hazardous to Health Regulations 1994 namely:

  • 2-naphthylamine, benzidine, 4-aminodiphenyl, 4-nitrophenyl their salts and any substance containing any of these compounds in a total concentration exceeding 0.1 percent by mass; and

  • matches made with white phosphorus.

The restriction covers imports into the United Kingdom.







Restrictions on import for recovery

United Kingdom has no restrictions on the import of hazardous wastes and other wastes for recovery.







Restrictions on transit

United Kingdom has no restrictions on the transit of hazardous wastes and other wastes.





Reduction and/or Elimination of Hazardous Waste Generation

National strategies/policies

  • Waste Strategy 2000 for England and Wales was published in May 2000; Scotland’s National Waste Strategy was published on 9 December 1999; Northern Ireland’s Strategy on 22 March 2000; and a consultation paper for a new waste strategy for Wales, to replace Waste Strategy 2000, was published on 4 July 2001, with a view to the final strategy being issued in the Spring of 2002;




    • Each strategy sets up a long term framework with challenging targets underpinned by realistic programmes to deliver more sustainable waste management; raising the awareness and participation of all stakeholders, including the public. The emphasis is on prioritising waste minimisation, achieving substantial increases in the recovery of value through recycling, composting, anaerobic digestion, and various Energy-from-Waste technologies.




    • England/Wales: WS2000 set targets for the reduction of certain wastes going to landfill, and for the recovery of value (particularly through recycling and composting). These include targets to: reduce the landfill of industrial and commercial waste to 85% of 1998 levels; recycle/compost at least 25% of household waste by 2005; 30% by 2010 and 33% by 2015; and, recover value from 40% of municipal waste by 2005; 45% by 2010 and 67% by 2015. In March 2001 statutory performance standards were set for local authorities in England. These require them to, on average, recycle/compost double 1998/9 levels by 2003/4 and almost treble those levels by 2005/6.













    • Wales: The Welsh Assembly Government is currently finalising a new waste strategy to replace WS 2000 in Wales. Responses to the consultation paper Managing Waste Sustainably, published on 4 July 2001, indicated widespread support for the Assembly Government’s preferred options. These include an emphasis on waste minimisation and reuse of materials, and targets for e.g. combined recycling and composting of municipal waste of 15% in 2003-04, 25% in 2006-07, and 40% in 2009-10. Managing Waste Sustainably also contained proposals for minimising and reducing the amounts of commercial and industrial waste sent to landfill and for reducing hazardous waste. The Assembly Government has so far allocated £79 million in additional resources to improve waste management in Wales for the period 2001/02 to 2004/05.




    • Scotland: The National Waste Strategy: Scotland sets voluntary targets for the reduction of municipal waste and industrial waste arisings and encourages increased recycling, composting with energy from waste where this has a place as the Best Practicable Environmental Option. Targets for recycling etc will be established once the 11 Area Waste Plans have been established.




    • Northern Ireland: The Waste Management Strategy for Northern Ireland sets provisional targets for the reduction of waste to landfill and for increases in recycling and composting. These include targets to: recover 25% of household waste by 2005; recover 40% of household waste by 2010, of which 25% shall be by recycling or composting; reduce the landfilling of industrial and commercial wastes to 85% of 1998 levels by 2005; and, reduce the quantities of biodegradable municipal wastes being landfilled to 75% of 1995 baseline levels by 2010, 50% by 2013 and 35% by 2020. It is intended for these targets to become mandatory at the first Startegy Review point in 2003.







Legislation, regulations and guidelines

  • The Producer Responsibility Obligations (Packaging Waste) Regulations 1997 (amended)(England and Wales) place obligations on certain businesses who place packaging on the market and, in particular, they set targets for recovery and recycling of packaging waste. These regulations came into force on 6 March 1997 and implement part of the EC Directive on Packaging Waste (94/62/EC) which requires a minimum of 50% recovery and 25% recycling of packaging waste and that a minimum of 15% of each material is recycled;

  • The Packaging (Essential Requirements) Regulations 1998 took full effect in January 1999.They implement the Directive provisions specifying essential requirements for packaging placed on the market, which cover minimisation, avoidance of noxious and hazardous substances and the need for packaging to be recoverable (through at least one of: material recycling, incineration with energy recovery, composting or biodegradation);

  • The UK’s Integrated Pollution Control (IPC) regulatory regime, applicable to the most potentially polluting industrial processes, requires the use of BATNEEC (best available techniques not entailing excessive cost) to prevent the release of polluting substances or, where this is not possible, to minimise emissions and render them harmless. On 1 August 2000, the Pollution, Prevention and Control (PPC) Regulations entered into force to implement the EU Integrated Pollution, Prevention and Control Directive for new processes. IPC covers about 2000 processes whereas PPC will cover 7000-8000. Existing processes will be phased into the new regulatory regime on a sectoral basis up to 2007. The PPC regime which requires the use of BAT (best available techniques), will extend the present IPC regime to include a wider range of installations. Those regulated under PPC will be required to abide by the general principle that waste production should be avoided; where waste is produced it should be recovered unless technically and economically impossible; and

    • Council Directive 99/31/EC on the Landfill of Waste will be implemented in early 2002. The Directive bans from landfill certain hazardous wastes, along with liquid waste, tyres, and infectious clinical wastes. It also requires the pre-treatment of waste before disposal to landfill. The Directive bans the co-disposal of hazardous and non-hazardous waste and will place strict controls on landfill sites, particularly those for hazardous waste. One likely effect of this will be to increase the cost of disposal of hazardous waste in the future, providing an incentive to reduce the amount of hazardous waste generated.







Economic instruments/ initiatives

The Landfill Tax was introduced in October 1996 as the first UK tax with an explicit environmental objective. It was designed to promote the ‘polluter-pays’ principle by increasing the price of landfill to better reflect its environmental cost, and to promote a more sustainable approach to waste management. The 1998 Budget introduced changes to the Landfill Tax including an increase from £7 to £10 per tonne for active waste from 1 April 1999. The 1999 Budget introduced an automatic escalator which will increase the rate of tax for active waste by £1 per year, until the rate reaches £15 per tonne in 2004/5. The rate of tax for inactive waste remains frozen at £2 per tonne. The tax will be reviewed in due course.







Measures taken by industries/waste generators

Envirowise: Envirowise is a government-funded programme that aims to promote cost-effective waste minimisation strategies and cleaner technology. It offers free, independent advice on practical ways to minimise waste and convert turnover into profit. Envirowise offers a range of free waste minimisation consultation and reference products to businesses in the UK including the environment and energy helpline, publications (case studies, best practice guides and datasheets written by experts provide up-to-date information on waste minimisation issues, methods and successes) and waste minimisation clubs. www.envirowise.gov.uk.
Voluntary Producer Responsibility initiatives include:

  • Nickel-cadmium batteries (the industry-led REBAT scheme);

  • Electrical and electronic equipment – There have been a number of trial schemes carried out or supported by organisations such as the Industry Council for Electronic Equipment Recycling (ICER), the Electronic Manufacturers Equipment Recycling Group (EMERG) and the European Trade Organisation for the Telecommunications and Professional Electronics Industry (ECTEL); and

  • End of life vehicles – The Automotive Consortium on Recycling and Disposal (ACORD) signed a voluntary agreement in 1997 which sets out recovery targets.


ISO 14001: By the end of 2000 there were approximately 1700 organisations certified for the ISO 14001 scheme in the UK.
EMAS: By the end of 2000 it was estimated that 135 sites were registered for the EMAS scheme in the UK.





Others

Waste and Resources Action Programme (WRAP): WRAP is a government funded programme which aims to remove barriers to waste minimisation, re-use and recycling, and to create stable and efficient markets for recycled materials and products. WRAP works with consumers, waste generators and re-processors, manufacturers, businesses and government. It has seven programmes of work, focusing on generic recycling issues (financial mechanisms, procurement and standards and specification) and specific material streams (paper, glass, wood and plastic). More information on WRAP is available at http://www.wrap.org.uk.



Transboundary Movement Reduction Measures

National strategies/policies

The UK Management Plan for Exports and Imports of Waste 1996 prohibits the export of all waste for disposal, and most imports, in keeping with the principles of self-sufficiency and proximity whereby waste should be disposed of in, or as close as possible to, the country of origin.





Disposal/ Recovery Facilities

There are too many facilities in the UK that are authorised to dispose/recover/recycle/re-use wastes to list here. For information about specific facilities please contact the organisations below.


  • The Environmental Services Association (ESA), 154 Buckingham Palace Road, London SW1W 9TR, tel: (44-20) 7824-8882, fax: (44-20) 7824-8753, e-mail: info@esauk.org, web site: www.esauk.org; and

    • Institute of Waste Management, 9 Saxon Court, St Peters Gardens, Northampton NN1 1SX, tel: (44-1604) 620-426, fax: (44-1604) 621-339, e-mail: technical@iwm.co.uk, web site: www.iwm.co.uk.



Bilateral, Multilateral or Regional Agreements

  • Bilateral agreement with Isle of Man, effective from 17/07/1996 until 31/12/2000. This agreement concerns imports of various hazardous wastes destined for high temperature incineration and specialised landfill;

  • Bilateral agreement with Jersey, effective from 29/04/1997 until 31/12/2001. This agreement concerns imports of various hazardous wastes destined for high temperature incineration and specialised landfill;

    • Bilateral agreement with Guernsey, effective from 27/08/1998 until 31/08/2001. This agreement concerns imports of various hazardous wastes destined for high temperature incineration and specialised landfill; and

    • Bilateral agreement with Sovereign Base Areas of Akrotiri and Dhekelia, effective from 13/01/2000 until 31/12/2002. This agreement concerns imports of various hazardous wastes destined for high temperature incineration and specialised landfill.



Technical Assistance and Training Available

Some of the contact points are:


  • Waste Management, Industry and Training Advisory Board (WAMITAB), Peterbridge House, 3 The Lakes, Northampton NN4 7HE;

  • Environmental Services Association (ESA), 154 Buckingham Palace Road, London SW1W 9TR;

  • Institute of Wastes Management (IWM), 9 Saxon Court, St. Peters Gardens, Northampton NN1 1SX;

  • Environment Agency, TFS National Service, Mirwell, Carrington Lane, Sale, Manchester, M33 5NL; and

  • Scottish Environment Protection Agency (SEPA), Clearwater House, Heriott Watt Research Park, Avenue North Riccarton, Edinburgh, EH14 4AP.






Basel Convention

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