International trade: General guidance notes for waste producers and managers on the requirements for the handling and disposal of international catering waste (ICW) landed from boats, ships and aircraft that have visited non-EU countries
1. Introduction
2. General responsibilities
3. Specific guidance for seaports
4. Specific guidance for marinas and boat yards
5. Specific guidance for airports
6. Handling, storage and transport of international catering waste
7. Dispatch/transport documentation
8. Record keeping
| 8.a | What records need to be kept and why? |
9. Legislation
| 9 | Legislation |
Annexes
| Annex A | List of countries that are members of the European Union |
| Annex B | Useful contact details |
| Annex C | Notification of cleansing and disinfection of ships stores |
1. Introduction
These notes provide general guidance for waste producers and waste managers on the requirements for the handling and disposal of international catering waste (ICW) landed from boats, ships and aircraft which have visited non-EU countries. This guidance only applies in England.
All vessels that bring in catering waste from outside the EU are considered to be carrying international catering waste. This includes aircraft, ships, boats, fishing boats, yachts and other pleasure craft.
Separate guidance for enforcement bodies is now available.
1.a - Why do we have controls?
International catering waste (ICW) is subject to handling and disposal controls as it is a way that exotic notifiable diseases (such as foot and mouth disease) could be introduced into the UK.
There is a risk that disease could be spread if farmed or feral animals are able to come into contact with ICW and the legislation establishes controls which are designed to minimise this risk.
Information on exotic notifiable diseases is available.
1.b - What is international catering waste (ICW)?
International catering waste is defined under the EU Animal By-products regulation (1774/2002/EC) as “catering waste from means of transport operating internationally”. Animal by-products are defined as parts of animals or products of animal origin not intended for human consumption.
The regulations focus on controlling waste of animals and products of animal origin in order to protect public and animal health. This includes parts of a slaughtered animal that are not directly consumed by humans, including dead on-farm animals and catering waste (i.e. waste food originating from restaurants, catering facilities and kitchens), milk, cheese, animal fats, honey and any other product made with a product of animal origin, or derived from one (such as gelatine).
1.c - What is a Category 1 by-product and what does it mean?
International catering waste is a Category 1 by-product. Category 1 by-products represent the highest risk potential of disease if they enter the human or animal food chain.
Other Category 1 materials include the bodies of pet, zoo and circus animals, specified risk material (animal material which poses a high level of risk, such as brains), products containing residues of prohibited substance e.g. hormone used for growth promotion or environmental contaminants e.g. dioxins and PCBs. Any mixture of Category 1 material with any other waste material is considered to be a Category 1 material.
1.d – How can Category 1 by-products be disposed of?
Under the animal by-products Regulation, Category 1 material can only be disposed of by rendering or incineration. International catering waste may also be disposed of by burial in an approved landfill site.
1.e - How does catering waste become international catering waste?
Any catering waste from a vessel that has landed in a non-EU port is subject to these controls after returning to the EU. This includes all vessels that have docked/landed in non-EU countries even if the vessel has been provisioned in the EU, as there is no reliable method for establishing that non-EU stores were not taken on-board.
A list of EU countries can be found in Annex A.
1.f – How long does international catering waste stay international?
Under the Animal By-Products Regulation it is clear that any catering waste from means of transport operating internationally should be treated as international catering waste .
This implies that once a vessel has docked in a non-EU port, from that point on its waste is considered international catering waste.
See questions 3.d and 3.e for further guidance.
1.g – What about waste from ships or aircraft operating solely in the European Union (EU)?
Catering waste from means of transport operating within the EU should be handled in the same way as domestic catering waste.
1.h – Do any non-EU countries not produce international catering waste?
Yes. Countries which are considered a part of Europe geographically and which have an agreement with the European Commission are normally treated as Member States.
These countries are Iceland, Andorra, Norway, San Marino, Vatican City, the Channel Islands, the Isle of Man and Gibraltar.
1.i – Do these rules only apply to England?
Yes. Defra has implemented these rules in the Products of Animal Origin regulations (POAO) and they cover England only.
The Devolved Administrations in Scotland, Wales and Northern Ireland are responsible for implementing the same rules in their own legislation.
1. j – Can international catering waste be recycled?
No. International catering waste must be disposed of in accordance with the regulations. Other waste that is mixed with, or contaminated by, international catering waste must be disposed of as if it were international catering waste.
However, glass, paper or metal, if not contaminated with ICW, or thoroughly washed to remove all residues, may be put into the recycling waste stream.
1.k - What vessels do these rules effect?
Any catering waste from a vessel that enters the EU from a port outside the EU is subject to these rules. This affects all vessels, including commercial aircraft and ships, privately owned aircraft, ships, yachts, boats and pleasure craft and Ministry of Defence ships and aircraft.
2. General responsibilities
2.a - Who produces international catering waste and what are their responsibilities?
The person who has initial responsibility for the waste is considered to produce the waste.
The person responsible for offloading the waste from the ship, aircraft or boat is responsible for ensuring that the waste is put into the correct waste stream in the port, marina or airport.
2.b- Who is responsible for disposal of international catering waste once it is offloaded?
The person who is responsible for the waste, once it has been taken off the ship, boat or aircraft and been put in a collection bin/waste stream is the manager of that waste stream. They are responsible for ensuring that the waste is collected, stored and taken to either an approved landfill site, incinerator and rendering plant by a transporter registered as a Waste Carrier by the Environment Agency.
Responsibility for the facilities and management of the waste stream may lie with the Port, Marina, an appointed waste contractor or the airline catering company depending on local circumstances.
2.c – Who is responsible for enforcement of the international catering waste rules?
Districts, Unitary Authorities, London Boroughs, Metropolitan Borough Councils and Port Health Authorities have powers to enforce the requirements of the Regulation for the movement of ICW from ship to storage on store. County Councils, Unitary Authorities, Metropolitan Borough Councils and London Boroughs have powers to enforce the requirements of the Regulation for the movement of ICW from the Port to final disposal. Local arrangements exist to ensure effective enforcement.
The State Veterinary Service (SVS) monitors compliance with the rules for the movement of the waste from the vessel into the waste management system on the Port, airport or marina. The SVS also has responsibility for approving landfill sites to receive international catering waste.
3. Specific guidance for seaports
3.a – How is International catering waste dealt with in Ports?
All Port Authorities must have a port waste reception plan approved by the Marine and Coastguard Agency (MCA). Under this plan the Port must provide the necessary information, procedures, contracts, containers or equipment to deal with international catering waste in line with the regulations.
3.b – Who is responsible for enforcing compliance of the regulation at ports?
2.c above sets out enforcement responsibilities. However, to avoid duplication of effort in ports, Port Health Officers ensure the ICW is disposed of correctly and report problems to the relevant County Council or to the relevant contact within the Unitary Authority, Metropolitan Borough Council or London Borough for further action.
3.c – What are the responsibilities of Ship’s Masters?
The Ship's Master is considered to be the waste producer and has responsibility to ensure that any international catering waste offloaded is disposed of correctly. Where a port or marina does not have any waste reception facilities, it is the responsibility of the master of the ship to ensure that any international catering waste landed from the vessel is disposed of in accordance with the regulations.
All ships, regardless of size, are required to dispose of any international catering waste in accordance with the Animal By-Products Regulation.
Ships arriving from ports outside of the EU are required to make a declaration about the waste they are carrying under Schedule 2 of the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003. We are aware that the notification required by this Regulation does not cover international catering waste and we and the Marine and Coastguard Agency (MCA) are approaching the European Commission to resolve the issue.
The Animal By-Products Regulation (Regulation (EC) No 1774/2002) requires that a record is kept of the waste disposed of, in order to create an audit trail. At present these records start at the port and a mechanism is being sought to allow Ship’s Masters to make a declaration of the waste offloaded in an effective way.
3.d – How long since the last visit to a non-EU country should catering waste be considered international?
Unfortunately the legislation makes no provision for this issue. Any catering waste landed from a ship that has operated outside the EU must be treated as international catering waste.
3.e – If ship stores are cleaned and disinfected, will any stores from the EU put in it after be considered international catering waste?
No. If a declaration from the Ship’s Master stating that the ship’s stores have been completely emptied, cleaned, disinfected and re-stocked in the EU is provided, catering waste from these supplies would not be considered to be Category 1 international catering waste.
Annex C contains a model letter which should be filled out in full by the Ship’s Master, if they are taking advantage of this option. The completed letter must be sent to the local State Veterinary Service office for that port.
3.f – Must international catering waste be unloaded from ships arriving in port?
Under the Merchant Shipping and Fishing Vessels (Port Waste Reception Facilities) Regulations 2003 ships are obliged to land waste.
4. Specific guidance for boatyards and marinas
4.a – Our marina/boat yard only receives occasional boats/yachts from outside of Europe. Do these rules apply to me?
Yes. As the owner/operator of the marina or boatyard, you have a responsibility to ensure that you have facilities or procedures to correctly handle and dispose of waste landed from a vessel that has arrived from outside the EU.
Your local Port Health Authority, State Veterinary Service (SVS) and Marine and Coastguard Agency (MCA) offices can help you develop a suitable plan to manage international catering waste, and help you identify cost effective ways of disposal.
They can also help you consider how to raise awareness of this disposal route with your customers. Contact details are available in Annex B.
4.b - Our marina/boat yard receives no boats/yachts from outside of Europe. Do these rules apply to me?
No. However you should contact your local State Veterinary Service office to declare that no boats from outside the EU land at your marina.
Also it would be sensible to discuss a procedure for disposal of waste should you be visited by a boat from outside the EU.
4.c – Who is responsible for enforcing these rules at marinas?
2.c above sets out enforcement responsibilities. However, the SVS may inspect marinas from time to time to ensure compliance.
4.d – What are the responsibilities of boat owners?
It is the responsibility of the owners of boats that have visited ports outside the EU to dispose of their international catering waste correctly. They should put any international catering waste into the correct waste facility in the marina.
Where this facility is not available, they should contact the marina or boatyard operator or the local State Veterinary Service office for advice.
If a ship's owner wishes to cleanse and disinfect their boat stores, they should read section 3.e above and contact the local State Veterinary Service office for any further advice.
5 . Specific guidance for airports
5.a – How is international catering waste dealt with in Airports?
Some airports may provide facilities for international catering waste. Airports that do so have responsibility for ensuring that the waste is handled and disposed of in accordance with the regulation.
Where facilities are not provided, the person responsible for the waste must arrange for its disposal in accordance with the regulation.
Most airports do not have a waste reception plan, however they will have procedures in place to manage third party use of airport facilities. These procedures are specific to each airport.
5.b – Who is responsible for enforcement of the rules at airports?
2.c above sets out enforcement responsibilities.
5.c - What are the responsibilities of the airline/catering company?
The pilot of the aircraft or catering company has responsibility for ensuring that ICW is disposed of correctly, as the person responsible for ensuring that the waste is taken from the aircraft and placed in the Category 1 waste disposal stream.
Where ICW is offloaded from an aircraft which has contracted out its catering, the responsibility is with the in-flight catering company to ensure that the waste is handled, stored and disposed of in accordance with the regulations.
In all other circumstances the aircrew would be considered responsible for the correct handling and transfer of the waste into a suitable Category 1 waste disposal stream.
5.d – Is cabin waste considered international catering waste?
All waste from animal products should be put into the Category 1 waste stream if found on aircraft which have come from outside the EU. This includes any waste from products of animal origin found in the cabin of the aircraft.
When any waste from products of animal origin is found, it and any waste it has contaminated must be put in the Category 1 waste stream. Any other non-contaminated waste (paper, plastic etc) can go into the domestic waste stream or for recycling.
6. Handling, storage and transport of international catering waste
6.a - How should International catering waste be stored and marked in port/airport?
International catering waste (ICW) must be kept separate and identifiable; and must be marked ‘Category 1 By-Product for Disposal Only’.
Once offloaded from the means of transport, if not transported directly to the disposal site, the waste must be kept in a dedicated, covered, leak proof skip or other suitable container. The skip or container should be clearly identified as containing ‘Category 1 By-Product for Disposal Only’.
It may be sensible to also mark the skip or container for ICW in a number of languages. This decision should be made by the person responsible for the waste stream, and be based on local circumstances.
6.b – How often should the skips/containers be cleaned?
Any skips/containers should be cleansed and disinfected after each use.
However, any vehicles and the skip/container used solely for international catering waste must be cleaned and disinfected regularly. The regularity of cleaning should be agreed with the State Veterinary Service, as it is an import disease control measure and will depend on local circumstances.
For further guidance on cleansing and disinfection, please contact your local SVS office (see Annex B for details).
6.c – What happens if different types of catering waste get mixed in one container?
Any other type of waste that is mixed with a Category 1 waste (such as international catering waste) must be treated as a Category 1 waste.
6.d – Where can I find the detailed rules of how to store and transport international catering waste?
Annex 2 of Regulation
(EC) No1774/2002 
(3.81 MB - Warning: this is a very large file)details the conditions for storage and transport of by-products.
6.e – Who can transport international catering waste from the port/airport to the landfill site/incinerator?
A transporter registered as a Waste Carrier by the Environment Agency must be used.
6.f - Can compactors be used to reduce the volume of ICW before disposal?
Yes. Compactors can be to reduce the volume of waste provided that there are controls on the liquid run-off from the compactor. Any open areas contaminated by the run-off must be cleansed and disinfected after use. However, the use of compactor vehicles is currently not considered suitable for handling ICW due to concerns about the control of liquid run-off.
7. Dispatch/transport documentation
7.a – What documentation must accompany the waste?
When dispatched from a port/airport, a Commercial Document (CD) must accompany the ICW.
The CD must include the following information:
- Date of dispatch
- Description of material, including the category
- Quantity
- Place of origin of the material
- Name and address of carrier
- Name and address of receiver
7.b – How many copies of the Commercial Document (CD) must be produced and who should have a copy?
The CD must be produced in triplicate; the original must accompany the consignment and be retained by the receiver, the waste manager at point of origin (i.e. port, airport or appointed contractor) should retain a copy and the carrier retains the other copy so that an auditable chain of disposal can be established.
7.c – How long should copies of the Commercial Document (CD) be stored?
A copy of the CD must be retained for at least two years and can act as the record required by the legislation.
7.d – What is the correct code for international catering waste in the EU waste Catalogue?
ICW is a Category one by-product and the most suitable category of the EU Waste Catalogue is – 20 01 08 biodegradable/canteen kitchen waste.
A consolidated version of the European Waste Catalogue can be found on the Environment Agency website.
8. Record keeping
8.a – What records need to be kept and why?
The regulations require that a clear and verifiable audit trail must exist from the point of production to the point of disposal.
Record keeping requirements are as laid down by Article 9, Annex II of Regulation (EC) No 1774/2002 and the consignor’s records must include:
- The description of the material to be disposed of
- The quantity of material to be disposed of
- The date of consignment
- The name and address of the carrier
- The name and address of the receiver (if known)
Records must be kept for 2 years.
9. Legislation
The following legislation concerns the statutory controls for dealing with international catering waste:
- Regulation (EC) No 1774/2002 of the European Parliament and
of the Council
This regulation sets out Community requirements for the control, importation and disposal of animal by-products. Under the Regulation international catering waste (ICW) is Category 1 material and must be disposed of accordingly.
-
The Products of Animal Origin (Third Country Imports) (England) Regulations
This regulation sets out the Community requirements for the import of products of animal origin into the UK from outside the EU. This regulation implements the import provisions of Regulation (EC) No 1774/2002 in the UK.
This regulation is updated a number of times each year in order to reflect changes and additions to European law. Please contact Defra to get information on which version of this regulation is in force.
-
The Animal By-Products Regulations 2005
These regulations give effect to Regulation (EC) No 1774/2002 laying down the rules concerning animal by-products not intended for human consumption. Under these regulations international catering waste is always to be treated as Category 1 animal by-products. The disposal of all by-products, other than international catering waste, is controlled by this legislation irrespective of its origin.
Other legislation that may be relevant in this context includes:
-
The Waste Framework Directive (WFD) (Council Directive 75/442/EEC as amended)
This Directive is the overarching legislative measure on waste that requires that Member States take the necessary measures to ensure that waste is recovered or disposed of without endangering human health or causing harm to the environment.
In a recent guidance note published by the European Commission entitled a “Guidance Note On The Application To Animal By-Products Of Community Legislation Regarding Animal And Public Health And Waste”, the Commission confirmed its view that the EU Animal By-Products Regulation and the WFD apply concurrently to animal by-products that are discarded as waste. The guidance note is available on the Commission's website.
The draft Waste Management (England and Wales) Regulations 2005 include several amendments which are intended to ensure continuing compliance with the WFD following the repeal of Directive 90/667/EEC (“the Animal Waste Directive”) and the introduction of the EU Animal By-Products Regulation. A consultation on the draft Regulations ran from 9 December 2004 to 18 March 2005. The consultation documents are available on the Defra website.
- The Environmental Protection Act 1990 and the Waste Management
Licensing Regulations 1994
The principal control regime for regulating the recovery and disposal of waste and transposing the requirements of the WFD is the waste management licensing system set up under Part II of the Environmental Protection Act 1990 and the Waste Management Licensing Regulations 1994.
- The Merchant Shipping and Fishing Vessels (Port Waste Reception
Facilities) Regulations 2003
These regulations have been updated following the EU Directive on port waste facilities for ship generated waste and cargo residues. They provide a mechanism for landing waste from shipping for appropriate disposal and prevent it from being disposed of at sea. This legislation controls the landing of waste from and the provision of appropriate facilities.
Annex A – List of countries which are members of the European Union
Austria
Belgium
Republic of Cyprus (Southern Cyprus)
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Ireland
Italy
Latvia
Lithuania
Luxembourg
Malta
Poland
Slovakia
Slovenia
Spain
Sweden
The Netherlands
United Kingdom
Annex B – Useful contact details
Animal Health
Website: www.defra.gov.uk/animalhealth
Tel: 01905 768862Marine and Coastguard Agency
Website: www.mcga.gov.uk
Infoline: 0870 6006505 (24 Hours)Department for Environment, Food and Rural Affairs
Website: www.defra.gov.uk
Tel: 08459 33 55 77Environment Agency
Website: www.environment-agency.gov.uk
Tel: 08708 506 506Scottish Executive – Environment and Rural Affairs Department
Website: www.scotland.gov.uk
Tel – 0131 556 8400Welsh Assembly
Website: www.countryside.wales.gov.uk
Tel: 029 20 825111Northern Ireland – Department of Agriculture and Rural Development
Website: www.dardni.gov.uk
Tel: 028 9052 0100
Annex C
Notification of cleansing and disinfection of ships stores
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Page last modified:
April 24, 2007