KV & Ors v R. [2011] EWCA Crim 2342 (19 October 2011)

KV & Ors v R. [2011] EWCA Crim 2342 (19 October 2011)

The Court held that 'export' under article 36 of EU Regulation 1013/2006 and regulation 23 of the UK Regulations encompasses the entire process from the point of origin to the final destination outside the Community, not merely the physical act of leaving the Community. The UK Regulations are not ultra vires, disproportionate, or inconsistent with EU law, as they faithfully transpose the obligations imposed by the EU Regulation. The strict liability nature of the offence is not disproportionate, and the appeal is dismissed.

Citation
[2011] EWCA Crim 2342
Parties
Appellant: KV; Appellant: JB; Appellant: CE; Appellant: EM; Appellant: AT; Appellant: GE; Respondent: Regina
Jurisdiction
England and Wales
Judgment Date
19 October 2011
Procedural Posture
Criminal Appeal (interlocutory) / Appeal Against Preparatory Hearing Rulings
Outcome
appeal dismissed
Legal Topics
Transfrontier Shipment of Waste, Interpretation of EU Regulations, Strict Liability Offences, Proportionality of Criminal Offences, Ultra Vires Challenge, Harmonisation of EU Law
Criminal Law Environmental Law European Union Law Transfrontier Shipment of Waste Interpretation of EU Regulations Strict Liability Offences Proportionality of Criminal Offences Ultra Vires Challenge +1 more

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Parties

KV

Appellant

JB

Appellant

CE

Appellant

EM

Appellant

AT

Appellant

GE

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal (interlocutory) / Appeal Against Preparatory Hearing Rulings

Legal Issues

  1. 1 Whether regulation 23 of the UK Transfrontier Shipment of Waste Regulations 2007 and article 36 of EU Regulation 1013/2006 criminalise all participants in the export chain or only those at the point of physical export
  2. 2 Whether the UK Regulations are ultra vires or disproportionate under EU law
  3. 3 Whether the UK Regulations are inconsistent with EU law

Ratio Decidendi

The Court held that 'export' under article 36 of EU Regulation 1013/2006 and regulation 23 of the UK Regulations encompasses the entire process from the point of origin to the final destination outside the Community, not merely the physical act of leaving the Community. The UK Regulations are not ultra vires, disproportionate, or inconsistent with EU law, as they faithfully transpose the obligations imposed by the EU Regulation. The strict liability nature of the offence is not disproportionate, and the appeal is dismissed.

Court Disposition

appeal dismissed