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Last updated: September 20, 2022

Waste Shipment Regulation

BACKGROUND

Regulation 1013/2006 on shipments of waste, known as the Waste Shipment Regulation (WSR), is the regulatory instrument of the EU to supervise and control shipments of waste within its borders and with the countries of the EFTA, the OECD and non-EU countries that have signed the Basel Convention. From 1 January 2021, the EU also introduced specific rules on the export, import and intra-EU shipment of plastic waste through Commission Delegated Regulation (EU) 2020/2174. The main aims of EU rules on waste shipments are environmental protection, and to reduce the risks to human health.

The Waste Shipment Regulation applies to shipments of waste:

  • between EU countries within the EU or transiting via non-EU countries;
  • imported into the EU from non-EU countries;
  • exported from the EU to non-EU countries;
  • in transit through the EU, on the way from or to non-EU countries.

The Regulation includes a ban on the export of hazardous wastes to non-OECD countries, as well as a ban on the export of waste for disposal outside the EU/EFTA area. For shipments to OECD countries, a procedure of prior written notification and consent (notification procedure) is stipulated before cross borders shipments of:

  • all hazardous waste
  • other types of waste, including certain non-hazardous wastes that are destined to certain non-OECD countries

To speed up the procedure, Member States can designate ‘pre-consented recovery facilities’ (see OECD list) for which more lenient procedures apply and for which they will normally not raise objections as competent authority of destination.

Shipments of ‘green-listed’ non-hazardous wastes within the EU and OECD do not usually require the prior consent of the authorities, but information requirements apply. In case of non-OECD countries, Commission Regulation (EC) No 1418/2007 regulates its export for recovery.

On 28 July 2016, the Commission adopted an implementing act setting out a preliminary correlation table between customs and waste codes. This correlation table is intended to step up the enforcement of the Waste Shipment Regulation whereby customs officials are able to identify potential waste streams more easily. The table serves thus as a tool to assist in curbing illegal exports of waste out of the EU.

Plastic waste shipments

The EU has introduced rules on the shipments of plastic waste, implementing the decision taken by 187 countries in May 2019 at the 14th Conference of the Parties of the Basel Convention. The entries for the classification of plastic waste which is hazardous, non-hazardous or requiring special consideration were changed in this decision. Different procedures apply depending on the type and destination (intra-EU, OECD, non-OECD) of plastic waste.

  • The new entries (Y48, A3210 and B3011) have been implemented in the EU Waste Shipment Regulation through Delegated Regulation (EU) 2020/2174.
  • New entries for shipments within the OECD (AC300) and the EU (EU48 and EU3011) have also been introduced into the EU Waste Shipment Regulation.
    • The new entries EU3011 and EU48 for non-hazardous plastic waste are largely modelled on the entries agreed in the Basel Convention but with some differences.

Exports from the EU

  • Exporting hazardous plastic waste (A3210) and plastic waste that is hard to recycle (Y48) from the EU to non-OECD countries is banned.
  • Exporting clean, non-hazardous waste (which is destined for recycling) (B3011) from the EU to non-OECD countries is only to be authorised under specific conditions: the importing country must indicate which rules apply to such imports to the European Commission (cf. Regulation 1418/2007).
  • Exporting hazardous plastic waste (AC300 ) and plastic waste that is hard to recycle (Y48) from the EU to OECD countries will be subject to the ‘prior notification and consent procedure’. Under this procedure, both the importing and exporting country must authorise the shipment.

Intra-EU shipments

  • The ‘prior notification and consent procedure’ will also apply to intra-EU shipments of hazardous plastic waste (AC300), and of non-hazardous plastic waste (that is difficult to recycle) (EU48).
  • All intra-EU shipments of non-hazardous waste for recovery (EU3011) will be exempt from these new controls.

Waste shipments correspondents’ guidelines

The Waste Shipment Regulation requires EU Member States and the Commission to nominate correspondents who disseminate advice and information. The correspondents’ guidelines represent the common understanding of all Member States on how the Waste Shipment Regulation should be interpreted but are not legally binding.

  • Correspondents’ Guidelines No 1 on Shipments of Waste Electrical and Electronic Equipment (WEEE) and of used Electrical and Electronic Equipment (EEE) suspected to be WEEE – (applicable from 18 January 2020) (EN) (DE)
  • Correspondents’ Guidelines No 2 concerning information on imports into the Community of waste generated by armed forces or relief organisations according to Article 1(3)(g) of Regulation (EC) No 1013/2006 on shipments of waste (EN) (DE)
  • Correspondents’ Guidelines No 3 on a certificate for subsequent non-interim recovery or disposal according to Article 15(e) of Regulation (EC) No 1013/2006 on shipments of waste (EN) (DE)
  • Correspondents’ Guidelines No 4 on classification of waste electrical and electronic equipment and fly ash from coal-fired power plants according to Annex IV, part I, note (c) of Regulation (EC) No 1013/2006 on shipments of waste (EN) (DE)
  • Correspondents’ Guidelines No 5 on classification of wood waste under entries B3050 or AC170 (EN) (DE)
  • Correspondents’ Guidelines No 6 on classification of slags from processing of copper alloys under entries GB040 and B1100 (EN) (DE)
  • Correspondents’ Guidelines No 7 on classification of glass waste originating from cathode ray tubes (CRT) under entries B2020 or A2010 (EN) (DE)
  • Correspondents’ Guidelines No 8 on classification of waste cartridges containing toner or ink, according to Regulation (EC) No 1013/2006 on shipments of waste (EN) (DE)
  • Correspondents’ Guidelines No 9 on shipment of waste vehicles (EN) (DE)
  • Correspondents’ Guidelines No 10 on shipments of waste pursuant to Article 18 of Regulation (EC) No 1013/2006 on shipments of waste (EN)
  • Correspondents’ Guidelines No 11 on the specification of a data model for the electronic data interchange under Regulation (EC) No 1013/2006 on shipments of waste. (EN)
  • Correspondents’ Guidelines No 12 on the classification of plastic waste. (EN) (DE)

Revision of the WSR

Article 60(2a) of Regulation (EC) No 1013/2006 on shipments of waste (Waste Shipment Regulation -WSR) calls on the Commission to carry out a review of this Regulation by the end of 31/12/2020. In accordance with the Better Regulation Guidelines, an evaluation of the Regulation is the first step in this process. This evaluation of the WSR was carried out together with Regulation 1418/2007 and assessed the overall effectiveness, efficiency, relevance, coherence, and EU added value of these pieces of legislation.

On 17 November 2021, the Commission adopted a proposal for a new Regulation on waste shipments (see a FEAD summary here). The proposal plans to:

  • establish new rules for EU waste exports
  • make it easier to transport waste for recycling or re-use in the EU
  • set out new measures to better tackle illegal waste shipments

The Commission’s public consultation on the proposal closed on 17 January 2022 with 79 contributions from different stakeholders (find an overview of submitted feedback here). The results of the consultation are summarised and presented to the European Parliament and the Council in order to feed into the legislative debate.

In the Parliament, the Lead Committee is ENVI, with BUDG and IMCO as committees for opinion. Both committees decided not to give an opinion. The ENVI Committee appointed MEP Pernille Weiss as the committee’s rapporteur responsible for preparing the draft report. The Committee has also appointed MEPs Cyrus Engerer (S&D, Malta), Linea Søgaard-lidell (Renew Europe, Denmark), Sara Matthieu (Greens, Belgium), Mathilde Androuët (ID, France), Pietro Fiocchi (ECR, Italy) and João Pimenta Lopes (The Left, Portugal) as shadow rapporteurs on the file. The draft report (see a summary and comparison table with FEAD’s position here) was discussed by the Committee, following which MEPs submitted further amendments (deadline 18 May 2022. See an overview of FEAD’s position to the tabled amendments here). The Committee will vote on the draft report and amendments in November 2022 in a view to adopt the Parliament’s negotiating position during a plenary session in December 2022.

In parallel, Council experts are also meeting and examining the proposal, in order to prepare the Council’s internal position (general approach). The French Council Presidency sent a first draft compromise to national delegations at the end of June before handing over to the Czech Republic.

Once both the European Parliament’s Committee and the Council have finalised their position on the proposal, informal negotiations with the aim of reaching a first reading agreement on the proposal are then expected to begin. Any resulting compromise would need to be approved by the European Parliament and by the Council. Once adopted, the Regulation would be published in the Official Journal of the European Union. Under the Commission’s proposed text, the measure would enter into force on the twentieth day following that of its publication and apply from two months after. Transitional periods are foreseen for specific articles.


NEXT STEPS

  • June/July/September: Shadow and technical meetings on the revision
  • 14 October 2022: Deadline for members to respond to a joint survey (FEAD&EERA) on the PIC procedure
  • November 2022: Vote in ENVI
  • December 2022: Vote in Plenary

TIMELINE

  • 18 May 2022: Deadline for tabling amendments in the ENVI Committee (see tabled amendments here, here and here)
  • 11 May 2022: Consideration of the draft report in the ENVI Committee
  • April 2022: ENVI Committee receives draft report on the revision of the Waste Shipment Regulation from the rapporteur
  • 26 January 2022: Presentation of the Commission proposal for a new Regulation on waste shipments in the ENVI Committee
  • 17 November 2021: Commission adopts proposal for a new Regulation on waste shipments
  • 27 October 2021: Ad Hoc Correspondents Meeting – see the Meeting Report here
  • 20 October 2021: Regulation (EU) 2021/1840 is adopted, updating Regulation (EC) No 1418/2007 on the export of green-listed waste to non-OECD countries
  • 26 March 2021: Ad Hoc Correspondents Meeting – see the Meeting Report here
  • 14 January 2021: Ad Hoc Correspondents Meeting – see the Agenda and Meeting Report here
  • 1 January 2021: EU rules on plastic waste shipments enter into force (Commission Delegated Regulation (EU) 2020/2174)
  • 25 September 2020: Correspondents Meeting – see the Agenda and Meeting Report here
  • 11 March 2020: Inception Impact Assessment on the evaluation of the Waste Shipment Regulation published – see the document
  • 31 January 2020: Commission Staff Working Document on the evaluation of Waste Shipment Regulation published – see the document
  • 13 September 2019: Correspondents Meeting – see the Agenda and the invitation here: Agenda / Invitation / Meeting report.
  • 1 July 2019: The Commission published the Study supporting the evaluation of Regulation (EC) No 1013/2006 on shipments of waste – see the document 
  • 30 October 2018: Correspondents meeting – see the documents 
  • 11 September 2018: 2nd Workshop – see the documents
  • June 2018: 2nd public consultation
  • 11 January 2018: First workshop – see the documents 
  • 30 January 2018 – 27 April 2018: 1st public consultation 

FEAD LOBBYING ACTIONS


DOCUMENTS


POLICY OFFICER IN CHARGE

Aizea Astor Hoschen (aizea.astorhoschen@fead.be)

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