Following the example of the Northern Ireland Environment Agency, the Environment Agency in England has written to exporters to tell them they must reveal the name of the waste producer on Annex VII documents when shipping waste and recycling.
A recent ruling at the Court of Justice of the European Union ruled that German scrap metal company Interseroh had to provide the waste producer’s name and details on the Annex VII documentation despite Interseroh arguing it could damage their business by providing commercially confidential details.
It had been common practice that the intermediary company would put something like ‘refer to shipper’. But now full details will need to be included.
In the letter, the Environment Agency wrote: “I am writing to advise you that in accordance with Regulation 18)b) of the Transfrontier Shipment of Waste Regulations 2007 it is an offence to transport waste other than in accordance with the Annex VII document.
“Not only must the Annex VII form accompany the waste in the container, but it must be properly and fully completed. This includes confirmation that there is a contract in place between the person arranging the shipment and the consignee where the shipment cannot be completed or is discovered to be illegal.
“Please also note the recent European case law has stated that details of the consignee cannot be withheld or left out on grounds of commercial confidentiality: the annex VII needs to be completed in full. Witholding such information would constitute an offence under Regulation 18(b) of the TFS Regulations as the shipment would not be in accordance with Annex VII document and the requirements of Article 18 of the European Regulation.”