Transfrontier Shipment Regulations
The application and approval process can take from one to three months and the term of such consents ("the TFS") can range from 12 months upwards. A TFS is unique to the producer and the off-taker and so exporters (will more often than not) raise multiple TFS applications for more tonnage than they are able to move, and will overlap consents to ensure continuity between TFS approvals. As an example in 2015, just over 26 million tonnes of Transfrontier Shipment consent was available for use, but only around 3 million tonnes were utilised.
The TFS approvals allow producers of waste to know how much capacity exporters have remaining on their TFS and whether continuity may be at risk. It also enables producers to ensure that their waste is being managed in line with their duty of care requirements. Exporters are in turn applying for larger tonnages and longer TFS consents to overcome these constraints.
Key Measures
Key Measures to have in place include[1]:
- An application to the appropriate UK authority with the relevant fee;
- A financial guarantee is in place to ensure enough money is available to deal with the waste if things go wrong, including the cost of returning the waste to the UK;
- A contract for the recovery of the waste, including specific terms, with the business that will be receiving and recovering the waste;
- Insurance against liablility for damage to third parties;
- Necessary permissions from the regulatory authorities ('competent authorities') in all countries concerned before moving the waste;
- An approval ('consent') from the relevant UK competent authority that arrangements are in place;
- That the waste is dealt with in an environmentally sound manner at all times when it is being shipped and recovered;
- All necessary legislation, for example regarding packaging and carrying dangerous goods is complied with.