Terms have been agreed with the EA, on a without prejudice basis, regarding the future repatriation of alleged waste shipments (polyurethane and textiles) from Southeast Asia, to a UK waste facility, for processing. The agreement follows allegations of waste shipments from various UK sites, said to amount to ‘illegal shipments’ for want of due written notification and consent, and has been the product of considered discussions begun in 2019 which have involved the EA, the alleged notifier, shipping company, contractor and the competent authority of the country of dispatch. Discussions have taken account of notification and brokerage responsibilities under the Transfrontier Shipment of Waste Regulations 2007, the EU Waste Shipments Regulation 1013/2006, and the Basel Convention, as well as responsibilities governing ‘mixed waste’. Civil proceedings remain ongoing in the High Court of the (non-OECD) country of dispatch regarding the ownership of various waste containers, and shipment abandonment.
Juan Lopez acted on behalf of the UK waste facility and intervener.