PURPOSE: to reduce shipments of problematic waste to outside the EU, update shipment procedures to reflect the objectives of the circular economy and climate neutrality, and to improve enforcement and tackle illegal shipments.
LEGISLATIVE ACT: Regulation (EU) 2024/1157 of the European Parliament and of the Council on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006.
CONTENT: this Regulation lays down measures to protect the environment and human health and to contribute to climate neutrality and to achieving a circular economy and zero pollution by preventing or reducing the adverse impacts which can result from shipments of waste and from the treatment of the waste at its destination. It establishes procedures and control regimes for shipments of waste, depending on the origin, destination and route of the shipment, the type of waste and the type of treatment to be applied to the waste at its destination.
The regulation covers shipments of waste within the EU (whether or not transiting through third countries), waste imported into and exported from and to third countries, and shipments of waste transiting through the EU to or from third countries.
Intra-EU shipments
The regulation bans the shipments of all waste destined for disposal within the EU, except if agreed and authorised under the prior written notification and consent procedure (‘PIC’). 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. It includes specific timelines and deadlines to ensure an efficient process.
On the other hand, intra-EU shipments of waste for recovery operations that fall into the ‘green-listed’ category will continue to be allowed through the less stringent procedure set out in the general information requirements.
In the interests of transparency, the Commission will facilitate public access to information on shipments of waste by publishing and regularly updating data on notifications of shipments via its website.
Exporting waste
The regulation maintains the ban on Member States exporting waste for disposal to third countries and on exporting hazardous waste destined for recovery in non-OECD countries.
For shipments outside EU Member States, waste management facilities in the country of destination will be audited by independent bodies to demonstrate that the facilities treat waste in an environmentally sound manner. Operators will only be allowed to export waste to these facilities if this is the case.
The Commission will be required to draw up a register containing up-to-date information on the facilities that have been audited.
Exports of plastic waste
The revised regulation introduces a ban on exports of non-hazardous plastic waste to non-OECD countries. Non-OECD countries will be able to submit a request to the Commission, no earlier than 21 May 2029, indicating their willingness to import plastic waste from the EU if they comply with strict waste management standards. Their request must be positively assessed by the Commission before the ban can be lifted.
Enforcement of the rules
Member States are required to provide for effective, proportionate and dissuasive penalties in the event of infringement of the provisions of the regulation. The regulation provides for the creation of an Enforcement Group to improve cooperation between EU countries to prevent and detect illegal transfers. The Commission may initiate actions, in cooperation with national authorities, if there is sufficient suspicion that the carriage of the substance or object concerned or the shipment of waste concerned constitutes an illegal shipment.
ENTRY INTO FORCE: 20.5.2024.
APPLICATION: from 21.5.2026.