Hazardous waste that needs authorisation before it can be imported or exported is known as notifiable waste. In general it applies to all permitted waste shipments that are not classified as ‘green list’ waste, although there are exceptions.
Green list waste refers to non-hazardous waste destined for recovery. In these cases, notification controls do not apply. Instead, the UK requires a completed Annex VII document to accompany the shipment being exported, which includes Northern Ireland.
What qualifies as notifiable waste?
Qualifying as notifiable waste depends on whether the material is considered hazardous and/or harmful to the environment, whether it’s destined for recycling or disposal, and what country it’s being shipped to. The rules are complicated by a number of exceptions, so the UK government has a waste export control tool where traders can check the code and control for any waste that is due to be shipped.
In general, all transboundary shipments of hazardous waste that are destined for recovery qualify as notifiable waste. Non-hazardous waste shipments that are being moved for disposal also require notification, as do some shipments of non-hazardous wastes that are destined for non-Organisation for Economic Co-operation and Development (OECD) countries. All shipments of plastic waste are subject to notification controls unless they are covered by exemptions that relate to uncontaminated shipments of segregated plastics.
Waste recovery and waste disposal
Whether waste is being moved for recovery or disposal can affect the controls that apply to a shipment. According to the EU Waste Framework Directive, waste recovery means ‘any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function’. In other words, recovery involves preserving resources through the use of waste instead of other raw materials.
Waste disposal meanwhile is defined as ‘any operation which is not recovery, even where the operation has as a secondary consequence the reclamation of substances or energy.’ In practice, these definitions are not always clear-cut, which has led to them being tested in court in England.
Hazardous and prohibited waste
In general, waste is classified as hazardous if it – or the material or substances it contains – is considered harmful to humans or the environment. Examples of waste classified as hazardous by the UK are asbestos, solvents, and chemicals such as brake fluid or print toner. Exporting hazardous waste for disposal is prohibited.
There are additional limits on the export of certain hazardous wastes intended for recovery as well. Hazardous waste electrical and electronic equipment (WEEE) such as televisions and monitors with cathode ray tubes cannot be exported for recovery to countries outside the OECD. Household waste meanwhile cannot be exported even under notification controls and therefore must be disposed of in its country of origin.
International waste shipment (IWS) controls
International waste shipment (IWS) controls require consent for the movement of notifiable waste from both the country that is exporting the shipment, the country that is importing it, and any country where the waste is stored during transit. The rules and classifications governing waste may differ between jurisdictions. India, for example, classifies non-hazardous ‘green list’ waste paper as hazardous, requiring additional form 6 and form 9 transboundary movement documentation and a certificate of chemical analysis report.
Obtaining consent across the UK nations
In England, consent for the movement of notifiable waste can be obtained via IWS Online. In Scotland, the Scottish Environment Protection Agency (SEPA) needs to be contacted before the waste is moved. In Northern Ireland, the Northern Ireland Environment Agency (NIEA) is the point of contact. Shipping hazardous waste without the correct permissions is a criminal offence.
