IL EUROPEAN COUNCIL TODAY HAS ADOPTED THE REVISION OF THE REGULATION ON CROSS-BORDER SHIPMENTS OF WASTE. THE REVISED REGULATION INTRODUCES A BAN ON EXPORTS OF NON-HAZARDOUS PLASTIC WASTE TO NON-OECD COUNTRIES
Today, March 25, 2024, the European Council adopted the revision of the regulation on cross-border shipments of waste. In its revised version, the regulation aims to reduce shipments of special waste outside the EU, update shipping procedures to reflect the objectives of the circular economy and climate neutrality, use electronic submission and exchange of information and improve enforcement and address illegal shipments.
Furthermore, it establishes measures to ensure that waste is only sent to destinations where it is treated correctly and appropriately environmental friendly.
Under the new rules, waste cannot be sent to non-OECD countries unless the destination country indicates its willingness to import such waste and can demonstrate that its management is environmentally sound, through a prior hearing by part of independent bodies and monitoring carried out by European Commission.
Teresa Ribera Rodríguez – Third Vice President of the Spanish Interim Government and Minister for Ecological Transition and Demographic Challenge – said: «Embracing waste as a valuable resource rather than something to be disposed of is crucial to our move to a circular economy. Today’s agreement will provide us with the necessary framework to better recover and reuse waste as secondary material. At the same time, it will help us ensure that the waste we export is not harmful to the environment and human health. Today’s agreement is another important step towards the EU’s zero pollution and climate neutrality goals.”.
Main elements of the regulation
The regulation prohibits shipments of all waste intended for disposal within the EU, unless agreed and authorized under the prior notification and written consent procedure “PIC” (Subject to Information and Consent), provided for by Regulation (EC) no. 689/2008.
This procedure requires notifiers within the EU and exporters to third countries to notify and receive written confirmation from the countries of dispatch, destination and transit prior to export. Includes specific deadlines and times to ensure an efficient process.
On the other hand, intra-EU shipments of waste for recovery operations fall into the category “green-listed” will continue to be permitted through the less stringent procedure established by the general information requirements.
The text maintains the ban on member states exporting waste for disposal in third countries and exporting hazardous waste for recovery in non-OECD countries.
Exports of plastic waste
The revised regulation introduces a ban on exports of non-hazardous plastic waste towards non-OECD countries. The latter can, after a certain period of time, declare their willingness to import EU plastic waste if they comply with strict waste management standards. Their request must be positively assessed by the Commission before the ban can be lifted.
Non-hazardous plastic waste can be exported to OECD countries under the notification procedure “PIC” but they will be subjected to a specific examination by the Commission. This act must be done to ensure that such export does not have a significant impact on the environment or human health and that waste from the EU is adequately managed in these countries.
If the evaluation of this request is successful, the Commission will adopt a delegated act to lift the ban on importing countries.
The new rules require the Commission to establish a record containing up-to-date information on facilities that have been audited to assist waste exporters in preparing shipments.
Application of the new rules
The provisional agreement invites member states to establish effective sanctions, proportionate and dissuasive for violations of the provisions established in the regulations. These may include, where relevant, fines and the revocation or temporary suspension of waste management and shipping permits.
The agreement also introduces requirements for member states to ensure that the regulation is applied appropriately, establishing cooperation mechanisms effective both at national level and between EU governments, through the exchange of relevant information and good practices.
The co-legislators agreed with the Commission’s proposal to establish a Waste Shipment Monitoring Group which will facilitate and improve cooperation and coordination between Member States, in order to prevent and detect waste illegal shipments.
Context and next steps
The Waste Shipment Regulation implements into EU law the provisions of Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposalas well as the relevant OECD decision.
The Commission published its proposal to update the Waste Shipments Regulation on 17 November 2021. The European Parliament reached its position in January 2023, while the Council adopted its negotiating mandate in March 2023. A provisional agreement between the co-legislators was reached on 17 November 2023, which was confirmed by member state delegations in Coreper on 6 December 2023 and by the ENVI Commission on 11 January 2024. The European Parliament adopted its position at first reading during the plenary session on 27 February 2024.
Today’s vote by the Council closes the adoption procedure. The regulation will now be signed by the co-legislators. It will then be published in Official Journal of the EU and will come into force on the twentieth day following publication.