Shipment of Waste between the UK and Spain
2021.1.18
With the UK's withdrawal from the EU, what authority must authorise shipping of waste that has its origin or destination in the UK?
Under Article 12.4 of Law 22/2011 of 28 July, on waste and contaminated soil, the autonomous regions are responsible for authorising the transfer of waste from or to countries in the European Union, as regulated under Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of 14 June 2006; also, for authorising shipment inside Spain; and they have powers of to supervise, inspect and levy penalties within the scope of their competences.
With the UK's withdrawal from the EU and the change of its status to that of a third (non-EU) country, the Central Government, specifically the Ministry for Ecological Transition and Demographic Challenge, acting through the Directorate-General for Environmental Quality Assessment, as provided for in Article 12.3 of Law 22/2011 of 28 July, on waste and contaminated soil, will be responsible for authorising the shipment of waste to or from the UK, as well as for exercising the powers to inspect and levy penalties related to shipments of this type, without prejudice to any collaboration that may be provided by the autonomous region where the corresponding centre of activity is located.
What must be done to request authorization for a shipment of waste between Spain and the United Kingdom after the transitional period is over?
The following steps must be taken to apply for authorisation for the shipment of waste between Spain and the UK:
1. For the shipment of waste that is not subject to the prior notification and authorisation procedure under Articles 3 and 4 of Regulation 1013/2006, the notifier must proceed as follows:
a) To request an import authorisation, the notifier or competent authority in the UK must present all the documentation stipulated by Regulation 1013/2006, specifically Annex IA, Annex IB, the documentation listed in Annex II, Part 1, as well as the calculation of the guarantee, in accordance with the following formula: https://www.miteco.gob.es/es/calidad-y-evaluacion-ambiental/temas/prevencion-y-gestion-residuos/CALCULO_AVAL_tcm30-193175.pdf
The documentation must be submitted either online/by fax or in person, as established by Article 16 4) of Law 39/2015 on the Common Administrative Procedure, to the Sub-Directorate-General for Waste, Directorate-General for Quality and Environmental Assessment of the Ministry for Ecological Transition and Demographic Challenge, located at Plaza de San Juan de la Cruz, s/n, 28003 Madrid.
b) To request an export authorisation, the notifier must first access following procedure implemented by the Ministry for Ecological Transition and Demographic Challenge, using its digital certificate, DNIe or any of the identification methods provided by the online office:
- Export authorisation for hazardous waste (Annex IA - cross-border shipment). (https://sede.miteco.gob.es/portal/site/seMITECO/ficha-procedimiento?procedure_suborg_responsable=11&procedure_id=517&by=theme)
First, access "Authorisation for the export of hazardous waste" to start the shipping application. Next, fill in the notification document (Annex IA) and attach the additional documentation needed, as determined by Annex II, part 1 of the Regulation.
Having checked that all the documentation is correct, send copies of it to the transit countries and the competent authority in the UK.
Once the competent authority at the destination and the Sub-Directorate-General for Waste have approved the file submitted, the guarantee must be set up to cover costs as stipulated in Article 6.2 of the said Regulation. This guarantee will be applied in the form described in the following link: https://www.miteco.gob.es/es/calidad-y-evaluacion-ambiental/temas/prevencion-y-gestion-residuos/CALCULO_AVAL_tcm30-193175.pdf, and the calculation must be attached to the file.
The guarantee must be formalised at the General Depositary of the Treasury: http://www.tesoro.es/caja-general-de-depositos/caja-general-de-depositos, following the instructions and standardised documents made available for this purpose by the Ministry for the Economy and Digital Transformation (http://www.tesoro.es/caja-general-de-depositos/impresos).
Send a certified copy of the form to the Sub-Directorate-General for Waste through the online office.
This guarantee must mention the obligations derived from the Regulation on shipping with respect to establishing the guarantee (Article 6.2 of Regulation 1013/2006 of 14 June, on shipping waste) and must indicate the requesting administration. In our case, you must indicate:
The Ministry for Ecological Transition and Demographic Challenge
Directorate-General for Quality and Environmental Assessment
Sub-Directorate-General for Waste
CIF: S2801401G
2. With respect to cross-border shipment of waste governed by the provisions of Article 18 of Regulation 1013/2006:
a) For exports, the notifier can fill in Annex VII through the procedure implemented at the online office of the Ministry for Ecological Transition and Demographic Challenge, or can send said Annex VII to the mailbox basel@miteco.es
b) For imports, the notifier must send Annex VII to the Sub-Directorate-General for Circular Economy to the email basel@miteco.es
User guides have been created for the procedures described; you can download them from the procedure page itself.
If you have any queries or require additional information related to the shipment of waste, please contact: basel@miteco.es.
What happens to the files authorised by the autonomous regions whose authorisation period goes beyond 1st January 2021?
In accordance with the provisions of article 18 of Royal Decree-Law 38/2020, of December 29, which adopts measures to adapt to the status of a third State of the United Kingdom of Great Britain and Northern Ireland after the end of the transition period provided for in the Withdrawal Agreement of the United Kingdom of Great Britain and Northern Ireland from the European Union and the European Atomic Energy Community, of 31 January 2020, the transfers that have been authorised during the transition period and have not been completed, they may be completed after 1 January 2021, not requiring a new authorization.
This article also affects the shipments of waste authorised by the autonomous communities whose authorisations contained an automatic cancellation clause at the time of Brexit even though the authorisation period had not expired, so such transfers may continue to be carried out until the expiration date set on said authorisation.
For any questions or additional information regarding shipments of waste, you may contact the email address basel@miteco.es.
Non official translation