UK: Environment Agency Forced To Drop Charges Against Waste Export Companies
Last Updated: 2 March 2010

In a significant case for the UK waste management industry, the Environment Agency (EA) yesterday (22 February 2010) dropped charges against two companies alleged to have shipped contaminated waste paper to the Far East in 2006. This was because the Agency could not prove that the product destined for export was contaminated.

The decision was announced by counsel for the EA at Maidstone Crown Court. It is a very important case for the UK waste management industry as a whole because the regulations governing the export of waste have been enforced without practical guidance being issued by the EA about the level of permissible contamination in exported waste. At one point in the case, the EA asserted that the threshold for prosecution was zero contamination before shifting to an undefined minimum acceptable level.

The EA decision came only one week before the trial of the two companies, APG Atlantic Paper Ltd and Community Waste Ltd, was due to commence. The investigation started in December 2005 when EA officers stopped the export of 10 containers destined for China, Indonesia and Vietnam. The EA claimed that the containers could not be exported as green list waste because they were contaminated. However, the EA yesterday accepted that it could not prove these charges. The defendant companies were therefore found Not Guilty of the charges and a costs order was made in their favour.

The two defendant companies had instructed their own independent expert to examine the detained containers immediately after they were stopped in December 2006. The EA refused to attend the independent examination. The court today remarked on the time and money which could have been saved had this been done.

Philip Serfaty, a director of the companies, commented that: "As a responsible UK exporter, I fully support good regulation aimed at improving standards of waste produced for export. I also support strong enforcement but enforcement must always be fair and in this case it was not." Mr Serfaty also called upon the EA to publish detailed and realistic guidance on how it would enforce the law in the future. It is not yet known whether or when this will be done. In the meantime, all exporters of waste products remain at risk of prosecution until the EA publish a new policy on how the Transfrontier Waste Regulations will be enforced in future.

Specialist criminal and regulatory law firm Corker Binning represented the companies. Peter Binning, partner of Corker Binning, commented that: "It is a shame that it has taken until now for the EA to realise the weaknesses of its own case. The EA failed to follow its own guidance on how inspections should be conducted and the case was being prosecuted on the basis of an ill defined minimum threshold of contamination. Sensible, pragmatic enforcement guidance has been needed from the regulator for a long time and was called for by the courts as long ago as 1997. In this and other cases, the EA has consistently misinterpreted the relevant European Regulation which permits the export of properly sorted recyclables."


  1. The export of waste from the UK is now governed by the Transfrontier Shipment of Waste Regulations 2007. Those regulations now provide the Environment Agency with the power to detain containers for inspection at ports without engaging the assistance of HM Revenue and Customs. At the time of the allegations against APG Atlantic Paper Limited and Community Waste Limited, the Transfrontier Shipment of Waste Regulations 1993 were in force. Those regulations provided for more limited inspection powers requiring the Environment Agency to seek the assistance of HM Revenue and Customs.
  2. Under both the old and the new Regulations, there is a defence where a defendant can prove that all reasonable steps were taken and all due diligence exercised to avoid the commission of the offence.
  3. The UK legislation is based on the European Regulation, the Waste Shipments Regulation EC1013/2006 (revised from the previous Regulation EC259/93). The Regulation provides for the supervision and control of shipments of waste within and out of the European Union. A traffic light system of waste categories was established by this Regulation distinguishing between green, amber and red listed wastes. Stricter controls apply to exports of product listed in the amber and red lists.
  4. In May 1997, the English courts decided the case of R v Environment Agency ex parte Dockgrange. In that case, which concerned the interpretation of the same European Regulation as in this case, the court said: "it is appropriate for the [Environment] Agency, as principal prosecuting authority, to have a policy on the matter; a court is likely to be guided by its expert view." To date no policy dealing with contamination thresholds for exported waste has been published.
  5. In recent years the UK waste export business has been very successful. The UK recycled paper sector alone has increased over the last six years from 500,000 tonnes per annum recovery to well over 8.5 million tonnes.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.