Exports of “Green List” Waste Duties of Care
I. Pre-booking documentation requirements of Carriers prior to acceptance:
Shipments of ‘greenlist’ waste for recycling require, by law, an Article 18 Contract (of EU Regulation EC 1013/2006) between the exporter (waste generator) and consignee (recovery facility). Carriers, in turn, may stipulate a requirement including e.g. a copy of the Recovery Contract specific to the movement and/or a Letter of Indemnity by the booking party and/or exporter and may also require copies of valid import/other licences/permits and approval by the consignee to accept the consignment. Copies of any document(s) requested by a carrier must be in place with KC before a booking can be accepted.
II. Government requirements prior to arrangement of greenlist waste exports:
In addition to your contractual liabilities as principal or agent under the contract of carriage with the carrier all parties to waste exports also have an individual legal duty of care to discharge prior to the movement of green list waste for export. Your attention is drawn to mandatory requirements from the UK and Scottish governments which refer to the Article 18 Contract in the following link and as summarised below it [II,a),1-3].
a) Controls which apply to all movement/ exports of green list waste from UK:
Ship ‘green list’ waste under Article 18 controls. Before shipping the waste: checklist
1.Confirm the waste will be handled in an environmentally sound way at all times – you must be able to show that the recovery facility operates to human health and environmental protection standards that are broadly equivalent to the standards within the EU. (Responsibility of exporter and broker)
2.Make sure that the “Annex VII” (accompanying) document is fully completed and sign it – it must travel with the waste at all times. (Responsibility of exporter, broker, booking party)
3.Draw up a written contract (for reprocessing and recovery of the waste) between the person who arranges the shipment (exporter) and the importer/consignee – the contract must ensure that if the shipment cannot be completed as planned, or is found to be illegal, the exporter will take the waste back or recover it in another way, and provide for its storage in the meantime. (Responsibility of exporter, broker and booking party)
b) Additional controls applying to movement/exports of green list waste from Scotland:
1.Webpage on waste exports from Scotland as controlled by SEPA:
2.Links within the SEPA webpage [II,b),1] applying to exports of green-list waste:
i.Explanation of waste export controls as they apply to anyone, including specifically to freight forwarders, prior to despatching green-list waste, including preparation of Annex Vii:
ii.Instructions on obligatory submission of Annex Vii details to the National Packaging Waste Database (NPWD)
April 2018. These notes are for guidance only, are not exhaustive, may be changed without notice and do not form part of any contractual terms either written or implied. All business is transacted under the Standard Trading Conditions of BIFA (latest edition).