Agency to clamp down on Annex VII omissions

The Environment Agency has warned that exporters of waste who are not fully completing Annex VII export forms could face prosecution.

The warning comes as the Agency kicks off an awareness campaign to highlight the legal requirements for those exporting green list waste overseas.

Annex VII forms which must be completed to ensure compliance with the European Waste Shipment Regulations require waste exporters to fill in details of exactly what kind of material is being shipped, where it originated in the UK and the facility overseas that the material is being shipped to.

Many companies keep sections of the form blank to protect commercial confidentiality claiming that declaring certain information compromises their ability to compete in the market as it potentially reveals core business secrets to rivals.

But, in 2012 the European Court of Justice ruled that commercial confidentiality does not overrule the regulatory requirements and that all parts of the Annex VII form must be completed (see letsrecycle.com story).

Letter

A letter was sent by the Agency to exporters, producers, collectors and importers of waste yesterday (July 16) to remind them of the requirement to fill out all sections of the Annex VII form.

‘Persistent offenders, or those engaging in fraud or misdescription, will be subject to more serious enforcement action, including prosecution.’

Mat Crocker, Environment Agency

The Agency has also confirmed that its awareness campaign, running over the next three months, will warn exporters of the need to check the destination of material can lawfully receive their shipment that a proper contract is in place with a recovery facility and that the Annex VII forms are in place and correctly completed.

According to the Agency the campaign will serve as a reminder to legitimate businesses and also a warning to those who are currently operating at the edge of legality.

Offence

In an accompanying letter outlining the move, the Agencys deputy director of illegals and waste, Mat Crocker, said: It is a criminal offence to export Green list waste other than in accordance with a fully completed Annex VII form or without a valid contract in place. Such offending shows a failure of duty of care and creates an uneven playing field for those who make the effort to comply with the law.

The Environment Agency will take appropriate enforcement action (including the use of Fixed Penalty Notices) against such offences. Persistent offenders, or those engaging in fraud or misdescription, will be subject to more serious enforcement action, including prosecution.

Response

Mr Crocker is due to give further details of the Agencys view on the policing of Annex VIIs and transfrontier shipment of waste regulations at a half day seminar hosted by the Recycling Association later this month (July 30).

Commenting on the Agency’s letter, Simon Ellin, chief executive of the Recycling Association, said: “We are broadly in favour of the content of the letter, we believe that compliant members that operate in a proper and sustainable manner should have no problems.

“This will hopefully help to weed out the illegal operators or those sailing close to the wind. What we expect from the Agency now is a sensible approach, those proving to be good operators need to be handled in a soft touch manner. We want the focus to be on illegal operators and that needs to filter down from the top level of the Agency all the way to the officers at ground level.”