KV & Ors v R.

KV & Ors v R.

The court held that 'export' under article 36 of EU Regulation 1013/2006 and regulation 23 of the UK Regulations encompasses the entire process of transporting waste destined for recovery in a non-OECD country, from the point of origin to the point of delivery, not merely the physical act of crossing the Community boundary. The UK Regulations faithfully transpose the EU Regulation, are not ultra vires, and the strict liability offence is proportionate given the environmental objectives and available sentencing discretion.

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, Ultra Vires, Export of Waste, Environmental Protection
Criminal Law Environmental Law European Union Law Transfrontier Shipment of Waste Interpretation of EU Regulations Strict Liability Offences Proportionality Ultra Vires +2 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 regulation 23 is ultra vires or disproportionate under 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 of transporting waste destined for recovery in a non-OECD country, from the point of origin to the point of delivery, not merely the physical act of crossing the Community boundary. The UK Regulations faithfully transpose the EU Regulation, are not ultra vires, and the strict liability offence is proportionate given the environmental objectives and available sentencing discretion.

Court Disposition

Appeal dismissed