Council signs off on more efficient, updated rules

The Council adopted the revision of the regulation on shipments of waste.

As revised, the regulation aims to reduce shipments of problematic waste to outside the EU, update shipment procedures to reflect the objectives of the circular economy and climate neutrality, to make use of electronic submission and exchange of information, and to improve enforcement and tackle illegal shipments.

It also lays out measures to ensure that waste is only sent to destinations where it is properly treated in an environmentally sound manner. Under the new rules, waste cannot be sent to non-OECD countries unless the country indicates its willingness to import such a waste and can demonstrate the environmentally sound management of said waste through prior auditing by independent bodies and monitoring carried out by the Commission.

Main elements of the regulation

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.

The text 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. The revised regulation introduces a ban on exports of non-hazardous plastic waste to non-OECD countries. The latter can, after a certain timeframe, declare their willingness to import EU plastic waste if they meet 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 ‘PIC’ notification procedure but will subject to specific scrutiny by the Commission.

Background and next steps

The waste shipment regulation implements into EU law the provisions of the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, as well as the related OECD decision.

The Commission published its proposal to update the waste shipment 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 states’ delegations in Coreper on 6 December 2023 and by the ENVI Committee on 11 January 2024. The European Parliament adopted its first-reading position 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 the EU’s Official Journal and enter into force on the twentieth day following publication.