Environmental Agency
37 Town Range, Gibraltar. Tel:(00350) 20070620. Fax: (00350) 20074119. e-mail: admin@environmental-agency.gi

Waste Regulation

• Inspection of waste operators and establishments
• Inspection of complaints and subsequent follow-ups
• Licensing of waste operators
• Registration of waste collectors and brokers
• Control of transfrontier shipment of waste

In 1996 the Environmental Agency was nominated the competent authority for the purposes of the Public Health (Waste) Regulations and the Public Health (Transfrontier Shipment of Waste) Regulations. The responsibilities include :

1. Formulation of a Waste Management Plan.
2. Issuing of Waste Licences and their enforcement and any conditions attached to them.
3. Maintain a public register of waste licences issued.
4. Registration of waste carriers and brokers.
5. Administration of transfrontier shipment of waste procedures, documentation and consents.

Any person wishing to carry out certain "prescribed activities" (see appendices) as described under the above legislation must first apply for a licence following the procedure outlined below:

1. Prospective applicant must place a notice using Form 3 in the Gibraltar Gazette and one other local newspaper.
2. Not less than fourteen days after the notice first appeared in the Gazette and the press the applicant the submits the application to the Environmental Agency.
3. The applicant should make the application not less than two months before the licence is required (Form 1)
4. A temporary licence without prior notification may be granted to allow the applicant to deal with a waste emergency. (Form 5)

Waste Registration

Persons collecting waste on a professional basis or arranging as dealers or brokers for the disposal or recovery of waste on behalf of another person require to be registered (Form 7). Once successful their name will be entered into the public register.

Transfrontier Shipment of Waste

The movement of waste across Europe and certain international frontiers requires the following procedure to be followed:

1. Submission to Environmental Agency a copy of the contract with the consignee for the disposal for the waste referred to.
2. Notification to the competent authority of destination of the proposed shipments by means of the consignment note (i.e. the notification form) with copies to Environmental Agency, transit authorities (if any) and the consignee.
3. Within three working days of receipt of notification the competent authority of destination should send an acknowledgement to the consignor with copies to Environmental Agency, transit authorities (if any) and the consignee.
4. Within twenty days following dispatch of the acknowledgement, Environmental Agency and any transit authorities may raise reasoned objections to the shipments or lay down transport conditions. These objections or conditions would be conveyed in writing to the consignor, with copies to the other competent authorities concerned.
5. Within thirty days following dispatch of the acknowledgement the competent authority of destination should, in the absence of objections, give its authorisation by appropriately stamping the consignment note. The decision should be sent to the consignor and copied to the other competent authorities concerned.
6. Prior to the shipments leaving Gibraltar, the consignor must have obtained a certificate from Environmental Agency in accordance with Section 98(f ) Public Health Act (i.e. acceptance of adequacy of the financial guarantee). The shipments may not leave Gibraltar without this certificate.
7. Three working days prior to the commencement of the shipment (and not before the written authorisation has been received) the consignor must send copies of the completed consignment note -including the dates of shipment-to all competent authorities concerned.
8. When the shipment is made, a copy of the consignment note (the movement/tracking document) must accompany the shipment. The consignor, the carrier and the consignee shall complete the consignment note as indicated, signed it and retained a copy.
9. Within three working days of receipt of the consignment the consignee should send copies of the completed consignment note (except for the certificate of disposal) to the competent authorities concerned.
10. As soon as possible and not later than one hundred and eighty days following receipt of the waste, the consignee should send the consignor the certificate of disposal with copies to the competent authorities concerned.
11. Upon receipt of the certificate of disposal, the financial guarantee referred above would be rescinded or returned.

The purpose of the financial guarantee is to ensure that funds are available to:

1. cover costs of shipment, including re-shipment to Gibraltar or to an alternative destination; and
2. to cover the costs of disposal or recovery operations, in the event that the consignment cannot be completed by the parties concerned in the terms of the original consignment note.

This guarantee is not intended to address matters of liability and compensation for damage to third parties, which should be covered by separate insurance.

In July 2007 the new TFS regulations will come into force which means that the requirements of the Transfrontier Shipments of Waste Regulations 1995 shall apply to all waste (i.e not just hazardous waste). This will include waste such as rubble, scrap metal, wood etc.

Please click here to view the EU waste catalogue.