The Environment Agency (EA) has conducted an internal review of the regulation of waste pneumatic tyres, with a particular focus on exports to India.
The review identified significant risks of illegal diversion of UK waste tyres for environmentally unsound recovery, notably illegal pyrolysis in India.
In response, the EA will implement a new regime of enhanced verification checks for all exports of waste pneumatic tyres to India, commencing 1 October 2025.
Key Elements of the Enhanced Verification Checks
- Scope and Rationale
The checks apply to all exports of waste pneumatic tyres (coded B3140) from England to India.
The EA has determined that there is insufficient credible information to assume that exported tyres are reaching their declared destination recovery facilities in India or are being managed in an environmentally sound manner (ESM).
The EA is under a legal obligation (Article 49(2) UK WSR) to prohibit exports where there is reason to believe that waste will not be managed in an ESM.
- Verification Process
All exporters of waste pneumatic tyres to India will be required to provide comprehensive information to the EA, demonstrating that the waste will be recovered in an ESM at the destination facility.
The EA will issue formal Information Notices to exporters and brokers, requiring submission of:
- Completed and signed Annex VII forms (movement documents).
- Contracts between the exporter and the consignee.
- Permits and authorisations for the destination recovery facility.
- Evidence of financial transactions and correspondence confirming receipt and recovery.
- Supporting documentation such as invoices, weighbridge tickets, and photographs.
The EA will assess the information provided to determine whether the destination facility meets standards broadly equivalent to those in the UK and that the shipment will be managed in an ESM.
If the EA is satisfied, the shipment may proceed. If not, the EA will use its powers under the Transfrontier Shipment of Waste Regulations 2007 to prohibit the shipment.
- Database and Ongoing Monitoring
The EA will expand and maintain a database of overseas recovery facilities, recording their compliance status and risk rating (red/amber/green).
Facilities will be subject to ongoing review, and approval may be withdrawn if new concerns arise.
- Phased Implementation
- Phase 1 (Aug–Sept 2025): Recruitment and training of staff, process development, and intelligence gathering.
- Phase 2 (from 1 Oct 2025): Enhanced checks go live; all exporters must comply with new requirements.
- Phase 3 (Oct 2025–Dec 2026): Continuous review and refinement of the process.
- Phase 4 (2026 onwards): Integration with broader regulatory reforms, including the Digital Waste Tracking System (DWTS) and potential introduction of charges for Article 18 shipments.
Supporting Actions
Staff Training
- Targeted training for EA staff on the legal framework, interpretation of movement documents, and assessment of ESM.
- Mandatory data recording and improved internal guidance.
Research and Horizon Scanning
- Improved monitoring of changes in overseas waste controls and emerging research on waste pneumatic tyres.
- Collaboration with Defra and international partners to ensure up-to-date intelligence.
Partnership and Engagement
- Strengthened engagement with Indian environmental authorities, UK industry, and international networks.
- Efforts to secure permission for the deployment of tracking devices in shipments to corroborate movement data.
Legislative and Policy Context
The EA is working with Defra on potential legislative reforms, including:
- Mandatory pre-shipment submission of Annex VII forms and associated charges.
- Removal of the T8 exemption for tyre treatment, requiring all operators to hold environmental permits.
The EA supports the removal of the T8 exemption due to widespread non-compliance and the undermining of legitimate recovery operations.
From 1 October 2025, the export of waste pneumatic tyres to India will be subject to a robust verification regime.
Exporters must provide detailed evidence that shipments will be managed in an environmentally sound manner at approved facilities.
The EA will prohibit exports where this cannot be demonstrated.
This approach is intended to address illegality, improve environmental outcomes, and ensure compliance with the UK’s international obligations.
At Dyne Solicitors, we specialise in Environmental Disputes. We offer advice and representation for regulatory, commercial and property litigation in the environmental and waste sectors. For more information, please contact James Edes or Patrik Jones-Wright.