Disruption Expected for Most Plastics Exported to Non-OECD Countries
On 31st December 2020, the Environment Agency sent a letter to stakeholders notifying them amendments to the International Basel Convention which governs the control of certain wastes would come into force on 1st January 2021. In basic terms the result is most plastics intended for export to non-OECD countries will temporarily halt until consent is obtained. As an indicator of the waste affected, the EA estimates around 210,000 tonnes of plastic waste are exported every year from England to non-OECD countries. See the next section for further details on the position after 1st January 2021.
The New Position
The change affects clean, separated single stream plastics or clean mixtures of Polyethylene Terephthalate (PET), Polypropylene (PP) and Polyethylene (PE), recognised as B3011 Plastics. The Basel Convention allows for the export of B3011 Plastics without prior informed consent because they fall under ‘Green List’ controls.
However, under UK Green List legislation the controls must be agreed directly with countries which are not members of the Organisation for Economic Co-operation and Development (OECD). With no agreements yet in place, from 1st January 2021 B3011 Plastics will need informed consent before being exported to non-OECD countries.
Note B3011 plastics can still be exported to OECD countries according to the lighter Green List Waste controls.
However, under UK Green List legislation the controls must be agreed directly with countries which are not members of the Organisation for Economic Co-operation and Development (OECD). With no agreements yet in place, from 1st January 2021 B3011 Plastics will need informed consent before being exported to non-OECD countries.
Note B3011 plastics can still be exported to OECD countries according to the lighter Green List Waste controls.
Consultation Process
Defra will begin a consultation process with the appropriate authorities of non-OECD countries to understand what controls these countries wish to have on B3011 Plastics from the UK. Once agreed, the controls will form part of new legislation which may result in B3011 Plastics needing prior informed consent, being prohibited or being captured by the lighter Green List waste controls.
What Plastics Exporters Should be Aware of
In the letter the EA urges business that export B3011 plastics from England to non-OECD countries to apply for a notification from the Environment Agency. This can be completed by visiting https://international-waste-shipments.service.gov.uk/.
Business that are concerned this recent change may lead to them breaching the terms of their permit are advised to contact WasteRegExecSupport@environment-agency.gov.uk. Furthermore, the EA warns non-compliance with the notification process can result in wastes being returned at the exporters costs, being halted during transportation and/or appropriate action being taken by the EA or overseas authorities.
Business that are concerned this recent change may lead to them breaching the terms of their permit are advised to contact WasteRegExecSupport@environment-agency.gov.uk. Furthermore, the EA warns non-compliance with the notification process can result in wastes being returned at the exporters costs, being halted during transportation and/or appropriate action being taken by the EA or overseas authorities.
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This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
