World Trade Organization

Import Licensing Procedures

Waste shipment

Document symbol
G/LIC/N/3/GBR/3
Original language
English
Published on
07/12/2023

Outline of Systems

Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.

This section provides a description of the UK waste shipment notification scheme as established by the UK rules and procedures for the transboundary shipments of waste.

The import of waste into the UK is for wastes controlled under a licensing system administered by the UK competent authorities. Its requirements are tied in with those of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal, and an OECD decision on transboundary movements of waste for recovery.

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

In accordance with the UK's obligations under the Basel convention and the Organisation for Economic Co-operation and Development (OECD), the regulation applies to all shipments of waste to, from or transiting through the UK.

Q3. The system applies to goods originating in and coming from which countries?

The licensing system implements the UK's legal obligations as a Party to the Basel Convention and as a member of the OECD. It applies to all waste shipments to, from or transiting the United Kingdom.

Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?

The notification system ensures that the UK's commitments as a party to the Basel Convention and a member of the OECD are upheld. To that effect, transboundary movements of hazardous wastes and other wastes are to be reduced to the minimum, consistent with the environmentally sound and efficient management of such wastes and to be conducted in a manner that will protect human health and the environment against the adverse effects which may result from such movement. The UK procedures applicable for the shipment of hazardous wastes are not intended to restrict the quantity or value of imports.

Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?

The UK's legal framework for this scheme is the retained Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste as amended by 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) Nos. 1013/2006 and 1418/2007) Regulations 2021.

These regulations can be viewed at the following address:

Licensing is a statutory requirement for the import of any hazardous waste listed in schedules to the Basel Convention or OECD Council Decisions.

As a result of the Windsor Framework, Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste continues to be directly applicable in Northern Ireland.

Procedures

Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):

N/A

Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?

N/A

Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?

N/A

Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)

N/A

Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

N/A

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

N/A

Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

N/A

Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?

N/A

Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?

N/A

Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:

Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?

License applications should be lodged in advance of the importation to allow for sufficient time for the competent authorities to produce a response. Deadlines to be respected are laid down in the UK legislation. Within these time constraints still, the processing time for a notification varies from case to case, depending primarily on the time taken by the competent authorities of the exporting economies concerned to provide feedback for the application, and on whether the application form is duly completed and lodged with all the required supporting documents.

Q7.b. Can a licence be granted immediately on request?

Licenses are issued only after the consent by the competent authorities of the economies involved with a requirement under the UK regulations for determination of the justification for import and the fitness of the processing organisation to treat the material in an environmentally sound manner.

Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.

There are no limitations as to the period of the year during which a license application may be made.

Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?

For notifiable shipments of waste, the submission of a license application is made by the notifier to the competent authorities of the country of dispatch and prior consent for the shipment needs to be obtained from the competent authorities of all countries concerned (dispatch, transit and destination). The competent authorities in the UK are:

  • In England, the Environment Agency;
  • In Wales, Natural Resources Wales;
  • In Scotland, the Scottish Environmental Protection Agency;
  • In Northern Ireland, the Northern Ireland Environment Agency.

Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?

Apart from statutory requirements, there are requirements under the Basel Convention for all States of Transit to control the trans-boundary movement of hazardous waste. Refusal to accept the movement by any such state shall cause the State of export to deny a license. The reasons for objections to shipments for disposal and recovery are set out in the UK Plan for Waste Shipments and Articles 11 and 12 of retained Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste.

Eligibility of Importers to Apply for Licence

Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?

Any natural or legal person, firm or institution may apply for a license. Fees to process license applications are charged by the competent authorities, the level of fee is determined by the planned number of shipments. There is no published list of licensed importers or exporters as licenses are granted for an individual shipment rather that a blanket license to import or export waste.

There must be a contract in place between the exporter and importer before the waste is shipped.

Documentational and Other Requirements for Application for Licence

Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?

In accordance with Article 4 of retained Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste, the application shall be effected by means of the notification document set out in Annex IA and the movement document set out in Annex IB of the Regulations. Together with Annex IA and IB, the notifier shall also supply the information listed in Annex II, Part 1 and Part 2 of the Regulation, respectively. Competent authorities may require additional information and documentation as listed in Annex II, Part 3 of the Regulation.

Q11. What documents are required upon actual importation?

A copy of the approved notification and waste movement form.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

Detailed information on fees is available on GOV.UK at https://www.gov.uk/government/publications/waste-miscellaneous-charging-scheme-2019.

Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.

A financial guarantee, or equivalent insurance, shall be established by the notifier or by another natural or legal person on its behalf and shall be effective at the time of the notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, when the shipment starts, and shall apply to the notified shipment at the latest when the shipment ends. This financial guarantee or equivalent insurance shall cover: (a) costs of transport; (b) costs of recovery or disposal, including any necessary interim operation; and (c) costs of storage for 90 days pursuant to Article 6 of The International Waste Shipments (Amendment) (EU Exit) Regulations 2019.

Conditions of Licensing

Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?

Under the UK legislation the import license is valid for a period of up to 12 months, with the possibility of an extension up to 36 months (in certain circumstances) and covers the amount and number of shipments of the waste as noted in the application.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

No penalty for non-utilization.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Licences are not transferable between importers.

Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?

All applications must identify the maximum amount of the waste that is intended to be covered by the licence. This limit cannot be exceeded. In addition, the applicant is provided with specific conditions that form part of the license that usually relate specifically to the transport, treatment and/or disposal of the waste.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

None.

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

No foreign exchange control.