Shipments of Waste (Regulation 2024/1157) (Gibraltar) Regulations 2026.

The Shipments of Waste (Regulation 2024/1157) (Gibraltar) Regulations 2026 establish a legal framework for the application in Gibraltar of Regulation (EU) 2024/1157 on shipments of waste, adapted to Gibraltar’s constitutional and legal context under the Treaty on Gibraltar and the European Union Act 2026. The Regulations implement obligations arising from the Gibraltar-EU Agreement and provide for the regulation of waste shipments involving Gibraltar, including exports, imports, transit movements and waste transport within Gibraltar. They define key concepts, designate competent authorities by reference to the Public Health Act, and adapt numerous references in the EU Regulation so that provisions referring to the European Union, Member States, the European Commission and other EU institutions operate effectively within Gibraltar’s legal system. The Regulations also recognise the continued relevance of international instruments such as the Basel Convention and the OECD Decision governing transboundary movements of waste. The Regulations incorporate and modify the substantive rules of Regulation (EU) 2024/1157 concerning notification procedures, financial guarantees, consent requirements, recovery and disposal operations, electronic exchange of information, environmental protection measures and enforcement mechanisms. Specific provisions govern the export of waste from Gibraltar, including restrictions on exports for disposal, conditions for exports for recovery and requirements relating to environmentally sound management. The Regulations also address imports of waste into Gibraltar and shipments transiting through Gibraltar, requiring competent authorities to prevent movements that could endanger human health or harm the environment. Powers are conferred on the Minister to establish electronic systems, issue regulations, designate frontier crossing points, maintain inspection plans, cooperate internationally, amend annexes and regulate exports, classifications and reporting obligations. A substantial part of the instrument is devoted to transitional arrangements between the existing regime under Regulation (EC) No 1013/2006 and the new framework established by Regulation (EU) 2024/1157. The earlier Regulation is retained for a transitional period and continues to govern certain notifications, consents, pre-consented facilities and shipments initiated before the implementation date. Various provisions of the former regime remain applicable for specified periods, while certain requirements under the new regime are introduced gradually. ]