The European Commission has issued a ‘notice to stakeholders’ aimed at reminding business of the complications arising for waste movements from the UK to the EU after 29 March 2019 should the UK exit with no deal.

The European Commission Notice which was issued 8November 2018, states that, subject to any transitional arrangement that may be contained in a possible withdrawal agreement, as of the withdrawal date, EU waste law no longer applies to the UK. This has a number of legal consequences with regard to shipments of waste that have to be considered by affected businesses.

These consequences include possible prohibitions of waste for disposal and mixed municipal wastesfor recovery operations. Articles 34 and 3(5) of Regulation (EC) No 1013/2006 on shipments of waste prohibit the export of waste for disposal and mixed municipal wastesfor recovery operations from the EU to a third country, unless it is a member of the European Free Trade Association (EFTA) and a party to the Basel Convention. Consequently, as of the withdrawal date all exports of waste for disposal and the export of mixed municipal waste for recovery from the EU-27 to the United Kingdom will be prohibited. Imports of waste into the EU-27 will be governed, as of the withdrawal date, by Title V of Regulation (EC) No 1013/2006, whereby imports of waste from a third country party to the Basel Convention remains allowed, subject to the requirements set out in that Regulation.