Waste export rule changes will improve intelligence gathering, says Government

The changes will also empower border forces to stop and detain suspect containers and will change the fees paid for moving waste into and out of Northern Ireland.

The Transfrontier Shipment of Waste (Amendment) Regulations 2013 (11-page / 67KB PDF) will replace regulations passed in 2007 to implement the EU Directive the Waste Shipment Regulation (WSR).

Environmental law expert Simon Colvin of Pinsent Masons, the law firm behind Out-Law.com, said that the changes would make the law "even more effective at controlling illegal shipments of waste".

He warned that the changes underline how careful waste producers, processors and exporters have to be when sending waste abroad.

"Operators need to appreciate the duty of care type approach to the export of materials and the fact that all those in the ‘chain’ from producer to carrier can potentially be liable for what the Court of Appeal confirmed last year are strict liability offences. The importance of proper due diligence on those you contract with is absolutely key," he said.

"As those in the industry will know there is often a fine line between what is considered waste and what is not," said Colvin. "As the volumes of legitimately exported recycled materials and waste have increased, so has the export of illegitimate materials and this is where the regulatory regime has increasingly come into play in recent years."

The Government said that the changes will set up "the required legal gateway to allow Her Majesty’s Revenue and Customs (HMRC) to disclose relevant export data to competent authorities (CAs) in the UK. This will help CAs develop better intelligence on illegal waste exports".

The changes will clarify the role of CAs for the transit of waste in the marine area, it said.

A consultation on the changes by the Department for the Environment, Food and Rural Affairs will be open until 10 May 2013.