Is Franz Kafka Alive and Well and Working for the Environment Agency? Transfrontier Waste Shipments and Proportionality

Transfrontier movements of waste—European Community Regulations—different controls for green, amber, and red lists — Regulation requires that unassigned wastes be treated asg red list—waste recycler importing mixture of fragmentised green lists wastes for recovery — mixture of wastes not specifically listed under green list — Environment Agency adopts policy of holding such mixtures as 'unassigned' — threatens criminal proceedings if not subject to red list procedures— judicial review against Agency—High Court rejects interpretation which would put applicants out of business for no good reason —mixtures of green lists fall within green listbut Regulation's requirements for documentation means that individual components must be listed at least to 95% accuracy—overlap with OECD listings—appropriate use of judicial review proceedings in advance of criminal prosecution