Transfrontier Shipment Regulations

Commonly referred to as the Transfrontier Shipment Regulations (TFS), the EU Regulation 1013/2006/EC on shipments of waste provides the procedures for moving waste into and out of the UK and European Union.

This Regulation implements the provisions of the UN Basel Convention on the Control of Transboundary movements of Hazardous Wastes and their Disposal (The Basel Convention) and the OECD Decision.

Now the UK has left the EU waste shipment controls are set out in the retained Waste Shipments Regulation EC No 1013/2006 as amended by [1]:

  • The International Waste Shipments (Amendment) (EU Exit) Regulations 2019

  • The International Waste Shipments (Amendment of Regulation (EC) No 1013/2006) Regulations 2020

  • The International Waste Shipments (Amendment of Regulation (EC) No. 1013/2006 and 1418/2007) Regulations 2021

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Overview

The regulations apply from the point of loading the waste (in the UK) through its movement and transport until the wastes have been fully recovered or disposed of at the destination facility and, as such, it demonstrates compliance with the obligations of the Duty of Care legislation. The controls need to be reviewed in the context of the treatment planned for the waste at the destination, the country of destination, transport route, and the waste type (first defining whether the material is indeed classified as waste). The importing and exporting of waste for Recovery is possible, whereas it is prohibited for Disposal except for specific exceptions[1]

Waste Shipment Controls - import and export

Rules for importing and exporting waste apply in [1]:

  • the country where the shipment starts
  • the country where the shipment ends
  • any country the waste passes through on its intended journey (known as ‘transit countries’)

It is a requirement of the regulation that the rules for all the countries that the waste will pass through on its transit are verified and complied with.

Some waste shipments are prohibited.

If a waste shipment is not prohibited, it must comply with either:

  • notification controls under the retained Waste Shipments Regulation (also known as ‘amber list’ controls), which require consent from all the competent authorities involved before you can ship
  • article 18 of the retained Waste Shipments Regulation (also known as ‘green list’ controls), which are simplified controls for most non-hazardous waste

Which controls apply?

The controls that apply to waste shipments depend on the [1] :

  • waste type
  • treatment type planned for the waste at its destination
  • country of destination and the transport route

There are also producer responsibility regulations which must be complied with if the following waste types are exported:

  • packaging
  • batteries
  • end of life vehicles (ELV)
  • waste electrical and electronic equipment (WEEE)

Type of waste

Waste can be described using the relevant annexes within the consolidated waste list. the annexes have two types of waste codes - Basel Convention codes - these start with a single letter (e.g. B3011) and OECD codes which start with two letters e.g. AC 300) [1].

If the waste type appears in the consolidated waste list, the waste code and annex title number will help determine which shipment controls apply.

If there is no Basel or OECD code for the waste, it must be described as ‘not listed’ and notification controls will apply.

The rules on importing and exporting waste plastic can be checked here, and the controls that apply to exporting WEEE can be checked here (these latter rules for the movement of WEEE changed on 1 Jan 2025) [1].

Recovery in OECD countries or EU Member States

Article 18 (green list) controls generally apply to waste listed under a single entry in Annex III, IIIB or the mixtures of wastes listed in Annex IIIA (these annexes can be found in the consolidated waste list) [1[.

Notification controls apply to all other wastes.

If shipping waste to or from the EU, the guidelines for customs controls on transboundary shipments of waste. must be complied with [1].

Recovery in non-OECD countries outside the EU

The ‘Green list’ regulations 1418/2007 as amended, set out the controls that apply to waste listed in Annex III and IIIA according to each non-OECD country [1].

The controls that apply to non-hazardous waste plastic changed on 1 January 2021.

Some of the wastes listed in Annex V are prohibited from export, including hazardous waste and household waste.

Notification controls apply to all other wastes [1].

Exporting waste under notification controls

Before exporting waste under notification controls all the competent authorities involved in the waste journey must be informed of its movement ('notified'), and they must give consent (their approval) before the shipment can go ahead [1].

To export waste under notification controls from England, you must be under the jurisdiction of England or Wales. You must also be one of the following:

  • the original waste producer
  • the licensed new producer
  • a licensed collector of waste
  • a dealer or broker registered with the Environment Agency (or the Scottish Environmental Protection Agency or Natural Resources Wales) with written approval from a producer or licensed collector to move their waste
  • the holder of the waste when all of these are unknown or insolvent

A notification application must be completed using the International Waste Shipments (IWS) online service at https://international-waste-shipments.service.gov.uk/account/login

Shipments

 Several shipments can be sent under one notification [1].

A single shipment is defined as:

  • one shipping container
  • one lorry trailer
  • a bulk shipment, where the waste is transported in a ship (and the waste is not in shipping containers or in lorry trailers while on the ship or at any point during the shipment while in the United Kingdom)
  • one ship (where the waste is a ship)
  • one offshore installation, or part of an offshore installation (where the waste is an offshore installation or part of an offshore installation)

The waste in each shipment must:

  • have the same physical and chemical characteristics
  • start from the same load site
  • move to the same destination
  • use the same route

Application to the Export of Waste Derived Fuel to Europe

The export of a Waste Derived Fuel i.e. an RDF or SRF can only occur if the material is going to a Recovery facility i.e. an Energy Recovery Facility as opposed to an Incineration. The application and approval process can take from one to three months and the term of such consents ("the TFS") can range from 12 months upwards to typically no more than 3 years. A TFS is unique to the producer and the ERF or Cement Kiln off-taker and so exporters (will more often than not) raise multiple TFS applications for more tonnage than they are able to move, and will overlap consents to ensure continuity between TFS approvals. As an example in 2015, just over 26 million tonnes of Transfrontier Shipment consent was available for use for Waste Derived Fuel Export, but only around 3 million tonnes were utilized.

The number of TFS approvals can give some insight to Waste Derived Fuel producers to know how much capacity the competition has remaining on their TFS and whether continuity may be at risk, but fundamentally exporters are applying for multiple TFS consents which reduces the insight that this may have given in the early days of RDF and SRF export from the UK. It also enables producers to ensure that their waste is being managed in line with their duty of care requirements.

Key Measures

Key Measures, in summary, to have in place include[1]:

  • An application to the appropriate UK authority with the relevant fee;
  • A financial guarantee is in place to ensure enough money is available to deal with the waste if things go wrong, including the cost of returning the waste to the UK;
  • A contract for the recovery of the waste, including specific terms, with the business that will be receiving and recovering the waste;
  • Insurance against liability for damage to third parties;
  • Necessary permissions from the regulatory authorities ('competent authorities') in all countries concerned before moving the waste;
  • An approval ('consent') from the relevant UK competent authority that arrangements are in place;
  • That the waste is dealt with in an environmentally sound manner at all times when it is being shipped and recovered;

All necessary legislation, for example regarding packaging and carrying dangerous goods is complied with.

References:

  1. Importing and Exporting Waste