Common use of Existing Position Clause in Contracts

Existing Position. Under the current position where Gibraltar is covered by EU legislation, Regulation (EC) No 1013/2006 on the shipment of waste (the “Transfrontier Shipments of Waste Regulation” or “TSW Regulation”) applies to Gibraltar. The TSW Regulation implements the provisions of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and the Disposal (the “Basel Convention”) through which international shipments of waste are controlled through a process of prior written consent. The TSW Regulation also incorporates into EU legislation the Organisation for Economic Co-operation and Developments decision (C (2001) 107) ( the “OECD Decision”) on the control of transboundary movements of wastes destined for recovery operations. It is on the basis of the TSW Regulation that Gibraltar ships waste to other EU Member States, including Spain.