Overview
Economic growth and globalisation have led to a worldwide increase of waste transport across borders, by road, rail and boat.
The EU has a system to supervise and control shipments of waste within its borders, and with countries that have signed the Basel Convention. It has also introduced rules on the export, import and intra-EU shipment of plastic waste.
Waste contains valuable secondary raw materials. Trading it can have a positive impact on the economy, but the uncontrolled movement of waste can have disastrous environmental consequences.
Most waste that is generated in the EU is shipped between Member States, but a large share of that waste is still exported.
Objectives and aims
Since 1993, EU law on the shipment of waste includes rules for transporting waste across borders. Two Regulations, one in 1993 and another in 2006, have implemented the obligations of the Basel Convention (1989) on the control of transboundary movements of hazardous wastes and their disposal. The EU rules also transpose the provisions of the OECD decision (2001) establishing a control system for waste shipments for recovery within the OECD area.
Recently, the EU rules on waste shipments, both within the EU and with regard to imports and exports of waste to and from it, were modernised and updated.
The new Regulation on waste shipments was adopted on 11 April 2024 and enters into force on 20 May 2024. It aims to:
- Ensure that the EU does not export its waste challenges to third countries and contributes to environmentally sound management of waste.
- Strengthen enforcement to prevent illegal shipments of waste occurring within the EU, as well as from the EU to third countries.
- Increase traceability of shipments of waste within the EU and facilitating recycling and re-use.
Waste shipments between Member States
For intra-EU shipments, different procedures apply depending on the type of waste, its envisaged treatment and the destination country.
For all waste destined for disposal or recycling, for example, the prior notification and consent procedure applies. This means that an operator planning such shipments needs the prior consent of all authorities from the countries concerned (from origin to destination) before the shipment can take place.
For shipments of “green-listed” non-hazardous wastes within the EU and OECD, general information requirements apply. Any basic information on the waste that is shipped, like the quantity, treatment, origin and destination, must be made available before the shipment starts.
With the new Regulation, procedures will move away from a paper-based approach to an electronic one. A central EU system will ensure the smooth operation of this exchange from 2026.
Export of waste
A general ban on waste exports for disposal and a ban on hazardous waste exports for recovery to non-OECD countries continue to apply.
For exports for recovery, new rules will apply within three years of the entry into force of the new Regulation on 20 May 2024, so from May 2027 onwards. Those rules differentiate between OECD countries and non-OECD countries.
Overall, the procedural framework for exports to OECD countries outside the EU is very similar to the regime for shipments between Member States.
Specifically, regarding exports to OECD countries, trends will be monitored by the Commission. If there are concerns that certain exports are increasing and likely to cause environmental damage in the country of destination, the Commission will engage in dialogue with this country. Ultimately, such exports will be suspended if the waste is not managed in an environmentally sustainable manner.
Particular scrutiny will apply to the export of plastic waste.
In principle, exports of “green-listed” waste are prohibited. Such exports may, however, still be allowed for non-OECD countries, if certain conditions are fulfilled.
Non-OECD countries still willing to receive waste imports from the EU must notify the European Commission of their willingness and demonstrate their ability to treat this waste in an environmentally sustainable manner.
A list of countries authorised to receive green-listed waste will be drawn up by the Commission based on the assessment of country applications and exports to countries that are not included will not be allowed.
However, the export of plastic waste will be banned from 30 months after the entry into force of the Regulation on 20 May 2024, beginning in November 2026.
Obligations of waste exporters
- Companies exporting waste from the EU will have to demonstrate that the waste exported is properly managed in the facility that manages the waste in the recipient country.
- Companies must ensure that independent audits are carried out in the facilities to which they ship waste, demonstrating that those facilities manage waste in an environmentally sound manner. In the absence of a positive audit, the companies must stop exporting their waste to the facility concerned.
Monitoring of illegal waste shipments
- An EU ‘waste shipment enforcement group’ will be established to increase cooperation and coordination against illegal shipments of waste, comprising environmental, customs, police and other relevant national inspection authorities, as well as European and international law enforcement networks.
- The Commission will be empowered through its anti-fraud office - OLAF - to support transnational investigations by EU Member States on waste trafficking.
- Third countries will be supported in fighting waste trafficking through various channels of international cooperation.
Plastic waste export rules
Shipments of plastic waste are subject to a specific regime.
Any authorised export of plastic waste outside the EU will be subject to the Prior Informed Consent (PIC) Procedure, a key provision of the Rotterdam Convention.
Timeline
Key dates related to the Waste Shipments Regulation
- May 2027New rules enter into application
- November 2026Plastic waste exports outside EU banned
- 20 May 2024New Waste Shipments Regulation enters into force
- 11 April 2024New Waste Shipments Regulation is adopted
- 27 February 2024European Parliament approves new Regulation on waste shipments.
- 17 November 2023Trilogue negotiations conclude with a provisional agreement
- 17 November 2021Commission adopts proposal for a new Regulation on waste shipments
- 20 October 2021Regulation (EU) 2021/1840 is adopted, updating Regulation (EC) No 1418/2007 on the export of green-listed waste to non-OECD countries
- 01 January 2021EU rules on plastic waste shipments enter into force
- 11 March 2020Inception Impact Assessment on the evaluation of the Waste Shipment Regulation published
- 31 January 2020Commission Staff Working Document on the evaluation of Waste Shipment Regulation published
- 14 June 2006Waste Shipments Regulation enters into force
- Waste Shipments Regulation (2024)
- Waste Shipments Regulation (2006)
- Waste Shipments Regulation (consolidated version 2006)
- Regulation (EU) 2021/1840, updating Regulation (EC) No 1418/2007 on the export of green-listed waste to non-OECD countries
- Implementing act setting out a preliminary correlation table between customs and waste codes – to help customs officials identify potential waste streams.
- Delegated regulation on plastic waste shipments (2020)
The Commission has also published frequently asked questions about the Waste Shipments Regulation. (FILE DOES NOT WORK)
Brexit
Following the UK’s withdrawal from the EU, the Commission has published a Brexit Readiness Notice for Waste Shipments.
