Waste exporters cannot withhold information required on Annex VII shipment forms on the grounds of commercial confidentiality, the Environment Agency (EA) has said.
Annex VII forms 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.
The Agency has said it is stepping up inspection of the forms to make sure they are completed in full. But, no date has been set from which potential consequences such as spot fines might be levied for incorrectly completed forms.
However, some exporters in the industry believe that declaring certain information compromises their ability to compete in the market as it potentially reveals core business secrets to rivals.
Also, the first section of the form asks for the name, address and contact details of the person who arranges the shipment. Should issues arise regarding a shipment, the Agency is reportedly requiring that this person or company is based in the UK potentially impacting on exporters using shipment firms based on the European mainland who do not have their own UK representative.
According to the Recycling Association, until now certain aspects of the forms had not been strictly enforced by the EA. It said it would be engaging with the Agency to try and find a solution to combat widespread confusion over the forms.
But, the Agency said, the European Court of Justice has ruled that commercial confidentiality does not overrule the regulatory requirements and that all parts of the Annex VII form must be completed.
A spokeswoman for the Environment Agency said: Therefore, those arranging a shipment cannot withhold any information on the form on the grounds of commercial confidentiality.
As a result, the Agency said it would be increasing its inspection and enforcement of Annex VII forms accompanying shipments, following a prior awareness campaign on how to complete the forms and the consequences of not doing so.
‘What we want to do as an association is engage with the Environment Agency to find a mutually agreeable solution which is to the benefit of our members and the industry’
Simon Ellin, chief executive of the Recycling Association
According to the Agency, the details required on the Annex VII forms are needed to help combat illegal waste activities by enabling it to check where waste is going and to ensure it is properly dealt with.
Duty of care
A spokeswoman for the Environment Agency said: Everyone who deals with waste has a duty of care to ensure their waste is handled correctly. You must make sure you know where your waste goes so it doesnt end up in the hands of illegal operators because waste crime puts people and the environment at risk.
The Agency said that shipments had to be accompanied by a properly completed Annex VII form under the European Waste Shipment Regulation and that the information was important to ensure waste is recovered in an environmentally appropriate manner.
The spokeswoman said: The Annex VII form requires certain information to be included, such as the classification of the waste, its origins within this country and its intended destination including the recovery facility overseas. The form also includes confirmation that a contract is in place between the person arranging the shipment and the consignee to cover instances where the shipment cannot be completed or is illegal.
She continued: As part of our work to detect and prevent illegal waste exports, the Agency will be increasing its inspection and enforcement of Annex VII forms accompanying these shipments. We will however start by running an education and awareness campaign providing guidance on how to complete the forms and the consequences of failing to do so.
Confusion
Simon Ellin, chief executive of the Recycling Association, said it supported any initiative to combat illegal waste activities but that there was confusion surrounding the completion of Annex VII forms.
Mr Ellin commented: We do obviously wholly support initiatives that will weed out illegal operators and we know that if waste is going to be exported it has got to be 100% compliant with the regulations.
But, there is also widespread confusion about what is legal and what is illegal when filling out an Annex VII and we do need definitive guidance and clarification about what is and isnt acceptable. If there is anything in there that is likely to be a barrier to business, we have to ensure that it is fit for purpose.
He added: What we want to do as an association is engage with the Environment Agency to find a mutually agreeable solution which is to the benefit of our members and the industry.
Mr Ellin suggested that bringing in an electronic system could potentially prevent an Annex VII paper trail compromising of an exporters commercial confidentiality.
He said: One way might be to move to an electronic system for the forms so there is no longer a paper trail. This may require some investment but we feel this would be justifiable. It is almost an archaic system in 2013 using pens and having a paper trail, so this would improve an outdated system.
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