Exports of “Green List” Waste: Duties of Care
I. Pre-booking documentation requirements of carriers prior to acceptance:
Shipments of “green list” waste for recycling require, by law, an Article 18 contract under the applicable Waste Shipments Regulation between the exporter/person arranging the shipment and the importer/consignee.
Carriers may also stipulate additional requirements, including, for example, a copy of the recovery contract specific to the movement, a Letter of Indemnity from the booking party and/or exporter, copies of valid import or other licences and permits, and approval by the consignee to accept the consignment.
Copies of any documents requested by a carrier must be in place with KC before a booking can be accepted.
II. Government requirements prior to the arrangement of green list waste exports:
In addition to contractual liabilities as principal or agent under the contract of carriage with the carrier, parties involved in waste exports have legal responsibilities which must be considered prior to the movement of green list waste for export.
a) Guidance for exports subject to Article 18 / green list controls:
Environment Agency guidance for waste exports from England:
https://www.gov.uk/guidance/importing-and-exporting-waste#exporting-waste-under-article-18-green-list-controls
Before shipping waste under Article 18 controls:
1. Ensure that the waste is eligible to be exported under Article 18 / green list controls and that it will be handled in an environmentally sound manner throughout its shipment and recovery.
2. Ensure that the Annex VII document is fully completed and signed. The document must accompany the waste during shipment. The current Annex VII form and guidance are available here:
https://www.gov.uk/government/publications/annex-vii-document-for-green-list-waste-shipments
3. Have a written Article 18 contract in place between the person arranging the shipment and the importer/consignee. The contract must make provision for the waste to be taken back or recovered in another way, and stored appropriately in the meantime, if the shipment cannot be completed as intended or is found to be illegal.
b) Additional guidance applying to movements and exports of green list waste from Scotland:
1. SEPA guidance on waste exports and imports from Scotland:
https://beta.sepa.scot/regulation/authorisations-and-compliance/waste-export-and-import/
2. SEPA guidance for waste moving under Article 18 / green list controls confirms that exporters must:
i. Complete and sign an Annex VII form and ensure that it accompanies the waste.
ii. Submit the Annex VII information to SEPA. The completed form can be emailed to SEPA at Transfrontier@sepa.org.uk, or information may be uploaded through the National Packaging Waste Database (NPWD), subject to SEPA access arrangements.
iii. Have an Article 18 contract in place for recovery of the waste between the person sending the waste and the person receiving it.
iv. Comply with the applicable controls in the destination and transit countries and ensure that the waste is dealt with in an environmentally sound manner throughout its movement and recovery.
SEPA Annex VII Submission Guide for Exporters:
https://www.sepa.org.uk/media/36569/annex-vii-completion-guide.pdf
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.