The future of waste shipment: A circular economy without detours?

The shipment of waste plays a significant role in practice. The current EC Waste Shipment Regulation ([EC] 1013/2006) has become outdated, so a comprehensive new regulation regarding the shipment of waste is necessary. After a two-year transition period, the current EC Waste Shipment Regulation will be (almost) completely replaced by the EU Waste Shipment Regulation ([EU] 1157/2024).

Parts of the EU Waste Shipment Regulation are already in force. However, these are essentially limited to numerous empowerment clauses that authorize the commission to further specify the regulation.

The new regulation aims in particular to promote the circular economy within the EU by improving the efficiency of resource use, while facilitating environmentally sound waste management in third countries:

1. Shipment within the EU / digitalization

To promote the recovery of waste in accordance with the waste hierarchy, the shipment of waste intended for disposal within the EU, which was previously subject to notification but permitted, has been further restricted. In the future, intra-European shipments of waste destined for disposal will only be possible in exceptional cases if certain conditions are met. The notifier must now prove that recovery is not possible or economically unreasonable and that the planned shipment is in line with the principles of self-sufficiency in waste management.

From May 21st, 2026, the obligation to electronically transmit all documents relating to cross-border shipments of green-listed and notification-required yellow-listed waste using a central IT system provided by the commission is intended to facilitate the exchange of information in the interests of an efficient procedure.

2. Export from the EU:

To ensure environmentally sound waste management outside the EU, the provisions on exports from the Community territory have also been improved.

When waste is shipped out of the Community, proof of environmentally sound waste management must be provided by the intra-Community company exporting the waste. To provide this proof, waste recovery facilities must regularly undergo an audit by an independent/external and qualified third party. The results of these audits must then be published by the commission in a register.

2.1 Shipment to OECD countries

While the export of non-hazardous green-listed waste and notification-required yellow-listed waste for recovery to OECD countries will generally remain permitted, exported waste will be subject to stricter monitoring. To this end, the commission, which is responsible for overseeing environmentally sound waste management, has also been given the authority to prohibit the export of certain wastes by means of a delegated act.

The notification procedure for the export of non-hazardous yellow-listed waste has also undergone some changes with this amendment. For example, from May 21st, 2026, the notification documents must be submitted not only at the place of dispatch, but also to the authorities of the place of destination and, if applicable, to the authorities of the transit countries involved.

2.2 Shipment to non-OECD countries:

In particular, the new regulation also tightens the rules for the export of non-hazardous waste to non-OECD countries. A shipment of non-hazardous waste is only possible if the countries give their explicit consent and meet certain specified criteria for environmentally sound waste treatment.

Once proof of environmentally sound waste recovery has been provided, they can be included on a new list of countries drawn up by the commission. For non-hazardous waste containing persistent organic pollutants (POPs), a shipment ban will apply, as has previously been the case for hazardous waste.

2.3 Special case: plastic waste

A special feature is the ban on the export of non-hazardous plastic waste (SN B3011) intended for recovery to non-OECD countries starting from November 21st, 2026. Earliest from May 21st, 2029, potential recipient countries can declare their willingness to import plastic waste and recycle it in an environmentally friendly manner by submitting an application to the commission and providing evidence of compliance with strict waste management standards.

3. Combating illegal shipment

A key objective of the new regulation is also to ensure better measures against the illegal shipment of waste. To this end, member states are required to establish effective cooperation mechanisms and ensure the exchange of relevant information. As part of the annual reporting, member states must therefore provide the commission with data on combating illegal shipments and controls, particularly for transparency purposes.

Furthermore, member states are required to impose effective, proportionate, and deterrent penalties for violations of the regulation’s provisions to ensure compliance with the rules on waste shipment. To align national sanction provisions within the Union, member states must at least ensure that the illegal shipment of waste is considered a criminal offense in accordance with the provisions of the so-called Environmental Crime Directive [1].

In addition to the national enforcement mechanisms, the commission will also be able to carry out inspections in suspected cases of illegal waste shipments in the future. Moreover, as of May 20th, 2024, an enforcement group for waste shipments consisting of representatives of the member states has been established to enhance cooperation among member states in detecting and preventing illegal shipments.

4. Outlook

This amendment to the Waste Shipment Regulation fundamentally revises and modernizes the existing framework for cross-border waste shipments. In addition to promoting the circular economy within the EU, numerous tightening measures also aim to encourage an environmentally sound management of waste in non-EU countries.

While the new regulations are more structured and clearly formulated, further specifications by the commission are still necessary. Although this may contribute to the complexity of the legal situation, the numerous empowerment clauses already allow the commission to take the necessary steps in an effective and practical manner.

It remains to be seen whether the new EU Waste Shipment Regulation will actually accelerate the circular economy in Europe and prevent illegal shipments.

This article was written by Xaver Meusburger and Julius Spieldiener. Our industry experts in the field of environ mental law will be happy to answer any further questions you may have on this topic.

Disclaimer

This article is for general information only and does not replace legal advice. Haslinger / Nagele Rechtsanwälte GmbH assumes no liability for the content and correctness of this article.

[1] Directive 2008/99/EC of the European Parliament and of the Council of November 19th, 2008, on the protection of the environment through criminal law, Official Journal of the European Union L 328 of December 6th, 2008.

1. July 2024