Preventing illegal waste exports

Recent advice has been given by the Environment Agency about the illegal export of waste and forthcoming action against those who continue to export waste.

End of Life Vehicles that have been depolluted are classified as ‘green’ waste, and the detail below is relevant to all who are exporting vehicles to the European Union.

The Environment Agency is the Competent Authority for England for regulating waste shipments in accordance with the European Waste Shipments Regulations EC1013/2006 (WSR) and the UK Transfrontier Shipment of Waste Regulations 2007 (TFS).

The Environment Agency have launched an awareness campaign which will run over the next three months. This campaign aims to warn exporters of the need to check that the destination 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. This campaign will serve as a reminder to legitimate business and also a warning to those who are currently operating at the edge of legality. 

From October 2014 the Environment Agency will start to issue Fixed Penalty Notices where compliance with the TFS Regulations has not been met.

Ultimately, every shipment should be accompanied by an Annex VII form which is fully completed. It should contain details of the consignee and be supported by a valid contract between the person arranging the shipment and consignee. The aim is to improve industry compliance with the law and become more aware of rogue operators and those who are trying to cut corners and transport waste illegally.  

The main rules have been explained and the note (below) is not intended to be a comprehensive analysis of the current legislation; if you do require more detail you should seek independent legal advice.

Please ensure that your Green List shipments of waste are fully compliant with the law. For further guidance on how to complete an Annex VII form, visit  https://www.gov.uk/importing-and-exporting-waste#import-or-export-article-18-controls.

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ACT NOW TO HELP US PREVENT ILLEGAL WASTE EXPORTS! MAKE SURE YOUR GREEN LIST WASTE SHIPMENTS HAVE A COMPLETED ANNEX VII The Environment Agency is the Competent Authority for England for regulating waste shipments in accordance with the European Waste Shipments Regulations EC 1013/2006 (WSR) and the UK Transfrontier Shipment of Waste Regulations 2007 (TFS). Everyone involved in a shipment of waste (eg. producer/collector/exporter/broker/importer) may be liable under the WSR and has a responsibility to ensure that the shipment is lawful. The export of Green List waste listed in Annex III, IIIA or IIIB of the WSR is regulated by Article 18 of the WSR, and you must check that you are compliant with it (see below). What do you need to do? Green List waste must be accompanied by an Annex VII form. Checks must be made to ensure that this happens. If you are the person arranging the shipment, you must ensure that the Annex VII form is completed, prior to the shipment taking place. You must also sign the declaration on the form certifying that all the information contained in the Annex VII is complete and correct and that you have an effective written contract with the importer/consignee. The Annex VII form must be fully completed in order to provide relevant details of everyone involved in the shipment and an auditable trail for the shipment of waste from its starting point in the country of dispatch through to its recovery operation in the country of destination. The Annex VII form must then be signed by the consignee and the recovery facility when the waste shipment is received. All three signatories must keep a copy of the document for at least 3 years from the date the shipment started. What will happen if you do not comply? 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.

Can you leave gaps in the Annex VII form because of commercial confidentiality?

The European Court of Justice has ruled1 that the Annex VII form must be fully complete and the requirements of Article 18 of the WSR are more important than a right to the protection of business secrets or commercial confidentiality. Therefore all relevant details must be filled in.

The Environment Agency may ask to see any Annex VII form (or the information it contains) and any Article 18 contract for inspection, enforcement, planning and statistical purposes.

When does Article 18 WSR apply?

Article 18 controls generally apply to waste listed in annex III, IIIA, or IIIB of the WSR. Such waste is known as Green List, destined for recovery in the EU, OECD (Organisation for Economic Co-operation and Development) and non-OECD countries. However, you must check for any further restrictions, higher level of control or even prohibition for your country of destination and any countries of transit. A list of OECD countries, Competent Authorities and the level of controls can be found at

https://www.gov.uk/importing-and-exporting-waste#waste-shipment-controls.

What is an Article 18 contract?

Article 18(2) requires a valid written contract between the person who arranges the shipment and the consignee for recovery. The contract must include an obligation, where the shipment of waste or its recovery cannot be completed or the shipment is illegal, on the person who arranges the shipment or (if they cannot) the importer/consignee to take the waste back or ensure its recovery in an alternative way. They must also, if necessary, arrange to store the waste in the meantime.

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Members involved in the export of 'used parts' should refer to the EA guidance on export of used car parts (can be downloaded from the members section of the MVDA website).

Motor Vehicle Dismantlers Association of Great Britain Office 5, Top Floor,
Charrington House, 17A Market St, Lichfield, Staffordshire, WS13 6JX, UK.

Email: info@mvda.org.uk
Tel: (01543) 254 254
Fax: (01543) 254 274 

The crackdown on the illegal trade of metal has been boosted by government funding of £500,000.

The Home Office and Department for Transport have agreed to provide further funding for the National Metal Theft Taskforce. The taskforce develops intelligence, coordinates activity and targets and disrupts criminal networks - both the thieves and also the criminal market, including rogue elements of the scrap metal industry.

The funding follows a request from the British Transport Police, which leads the taskforce, and means the government has invested more than £6 million in the initiative since it was launched in January 2012. The latest funding, which runs to the end of September this year, will allow the taskforce to continue its hugely successful programme of coordinated national days of action.

Arrests

These targeted operations against unscrupulous scrap metal dealers, in conjunction with police and local agencies, have so far resulted in more than 1,000 arrests for theft and related offences and police have seized more than 600 vehicles involved in criminality.

Crime Prevention Minister Norman Baker said:

The coalition government has made it harder than ever before for metal thieves to prosper and our £6 million investment in the National Metal Theft Taskforce is reaping rewards.

Alongside our reforms to ban cash payments and regulate the scrap metal trade, the taskforce has helped to make it much more difficult for thieves and unscrupulous dealers to profit from crime.

This additional government funding will enable the taskforce to continue its programme of coordinated national days of action, which have so far resulted in more than 1,000 arrests and the seizure of hundreds of vehicles involved in criminality.

Transport Minister Baroness Kramer said:

I am pleased we can continue to fund this nationally important organisation. The potential impact cable theft has on the railways is huge, not least the inconvenience to passengers. Network Rail has to compensate operators for the disruption and this is money which could be better spent on improving the network which is a vital part of our economic plan.

For the last two years the taskforce has had a big impact in reducing the number of cables being stolen. Network Rail continues to report that the trend is in decline, with delays to passengers being at an all-time low.

Crackdown

The taskforce forms part of the government’s programme of work to crack down on the illegal trade of metal, and its activities have been boosted by legislation.

Under the Scrap Metal Dealers Act which came into effect in October 2013, scrap metal dealers are now required to hold licences issued by local authorities.

The licences set standards for record keeping and customer verification and councils may revoke a licence at any time if they believe the dealer is no longer suitable to hold one.

Cash payments for scrap metal have been banned since December 2012.

Statistics published in November 2013 show government action is working. There was a 40% fall in the number of offences for the three months to the end of March 2013 compared to the three months to the end of June 2012.

Motor Vehicle Dismantlers Association of Great Britain Office 5, Top Floor,
Charrington House, 17A Market St, Lichfield, Staffordshire, WS13 6JX, UK.

Email: info@mvda.org.uk
Tel: (01543) 254 254
Fax: (01543) 254 274 

Update on Scrap Metal Dealers Act

You might be forgiven for thinking that interest in the Scrap Metal Dealers Act 2013 had already faded away.  But you’d be wrong.

Due to the speed with which the legislation was introduced, many local authorities weren’t prepared for the October 1^st licensing start.  And in many cases, licences hadn’t been issued by December 1^st 2013 – the date on which enforcement action was expected to begin.

But most local authorities are gradually getting to grips with it, with most having now issued the first batches of licenses.

A notable exception to this is Birmingham City Council, where to our knowledge (as of last week), none have yet been issued.  That’s 7 months after licenses were supposed to have been issued.  And this is the single most expensive local authority – at ~£1200 for a single site license.  This is completely unacceptable, and we have given the Home Office, the Local Government Association and Birmingham City Council itself the benefit of our view.

However, we understand that West Midlands Police are amongst the most active Police Forces on metal theft.  One officer told us only recently that 40 illegal dismantlers were discovered in one area of the ‘Black Country’.

MVDA is actively liaising with the West Midlands regional Police Forces and the relevant local authorities, giving advice and guidance on what to look for at sites being visited, how to distinguish ‘used cars’ from ELVs etc.  MVDA also continues to liaise with the other main regional Police Forces, via the British Transport Police in London, the lead organisation in this area.

An interesting observation recently received from two completely separate Police Forces was the problems being experienced with the illegal dismantling of repairable salvage purchased from certain internet auctions.  Hmmm……sounds familiar!

The problem of metal theft is world-wide, and we have recently been told that EU-wide initiatives on stolen metal have already taken place & are continuing.

We understand that in coming months compliance checks by both Local Authorities and Police Forces are likely to increase, with growing emphasis on vehicle dismantlers and salvage agents.  The initial focus of Police attention was scrap metal and mobile collectors, and this seems to have greatly reduced this particular problem.  Attention now, however, is turning to scrap cars.

This is a great opportunity to focus attention on illegal dismantlers, particularly those advertising parts on eBay.

But as is always the case when things start to work, central Government funding for Police initiatives in combating metal theft is being cut later this year.

More information can be obtained from the MVDA Office, or from your local authority. Help and advice is available to MVDA members who may be experiencing problems, please contact the office. Non-members are also welcome to ask for advice, and membership details are available on the MVDA website.

Motor Vehicle Dismantlers Association of Great Britain Office 5, Top Floor,
Charrington House, 17A Market St, Lichfield, Staffordshire, WS13 6JX, UK.

Email: info@mvda.org.uk
Tel: (01543) 254 254
Fax: (01543) 254 274 

Important Information for NI Authorised Treatment Facility (ATF) Operators

From 21st July Vehicle Services will transfer from DVA Coleraine to DVLA Swansea.

If you are on the electronic system you will no longer need to input all 17 digits of the VIN in conjunction with the VRM.

From 21 July ATFs can submit the VRM and last 6 digits of the VIN and the system will match to the DVLA record if correct.

If there is no match you will receive an error message and must check that the information you entered is correct.  It is important that the information you submit is accurate.  If you do need to enter a non matched record, you will be presented with a pop up requesting you select either ‘UK’ or ‘foreign’ please select ‘UK’ for a Northern Ireland vehicle or continue.

If you use the manual COD/NOD process, then from 11 July 2014 you should send the V913s to:

DVLA,

Swansea,

SA99 1AR

New stock of V913s can be obtained from DVLA Swansea via:

Fax: 01792 783525/01792 788027

or by writing to:

D Basement Stores

DVLA

Swansea

SA6 7JL

For details on joining the electronic system please contact the CoD team cod@dvla.gsi.gov.uk

Motor Vehicle Dismantlers Association of Great Britain Office 5, Top Floor,
Charrington House, 17A Market St, Lichfield, Staffordshire, WS13 6JX, UK.

Email: info@mvda.org.uk
Tel: (01543) 254 254
Fax: (01543) 254 274 

SIMS Metal Management Ltd: SRS Restructuring Initiatives and Related Charges

Sims Metal Management Limited has announced restructuring initiatives designed to reset and streamline the Sims Recycling Solutions ("SRS") business as part of a Group strategic review currently being undertaken.

The review has determined certain loss making assets to be outside of the strategic long-term interests of the Company. 

These operations include a substantial portion of SRS in the UK and all of SRS in Canada. Legislation and market dynamics in the UK and Canada have resulted in these businesses being commercially unattractive to the Company going forward. The Company will redirect its capital and resources instead to other portions of the global businesses that are more attractive as it continues to develop its platform for SRS customer relationships worldwide.

The Company's UK Metals operations, fridge recycling and IT asset management solutions are core and therefore not impacted by the restructuring activities. SRS operations outside of the UK and Canada are also core and therefore not impacted by the restructuring activities.

The Company expects to recognise restructuring charges of circa $80 to $85 million of which the non-cash portion relates primarily to fixed asset impairment and is circa $35 million. The restructuring charges will be recorded as significant items in the Company's second half results of FY14.

Parts Standards

MVDA believes that giving customers confidence in the parts they are buying, and the business selling them, is essential in increasing the use of ‘green parts’.  

As a result, MVDA will be adopting & promoting the ARA Parts Standards, and BSI’s PAS777.  

The Automotive Recyclers Association of America was established in 1943 (the same year as MVDA) and its parts standards programmes have helped to make the use of ‘recycled parts’ widespread in the insurance repair industry in the USA.  

PAS777 was developed in the UK by BSI in 2013 to help more accurately describe engines & gearboxes.

Further information about ARA parts standards can be found using this link & there are also copies in the members section of the MVDA website (Documents of Interest).

Motor Vehicle Dismantlers Association of Great Britain Office 5, Top Floor,
Charrington House, 17A Market St, Lichfield, Staffordshire, WS13 6JX, UK.

Email: info@mvda.org.uk
Tel: (01543) 254 254
Fax: (01543) 254 274 

Recycling Targets - SIMS Target Contribution

Members are reminded that the deadline for submission of 2013 85% recycling target data is 1^st July - now less than 1 week away.

It would appear that Sims has still not yet written to their ELV shell suppliers outlining Sims target contribution (last year it was 50kg/ vehicle).

We have spoken several times about this to Paul Hallet at BIS.  He is aware of the situation, and has confirmed that this will be taken into account.

We would suggest to those members that are reliant on the Sims target contribution to attain the 85% target to contact BIS ASAP and let them know.  An updated result can then be sent to BIS when the Sims ‘situation’ is clearer.  However, if you do not contact BIS and/ or submit data, then it appears that you are failing  to report at all.

If you have any queries, please call or e-mail the office.

Motor Vehicle Dismantlers Association of Great Britain Office 5, Top Floor,
Charrington House, 17A Market St, Lichfield, Staffordshire, WS13 6JX, UK.

Email: info@mvda.org.uk
Tel: (01543) 254 254
Fax: (01543) 254 274