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Adopted text

Shipments of waste

TA-9-2023-0003 · P9_TA(2023)0003 · PE719.861

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Parliament's amended version of the proposed regulation on shipments of waste lays down rules to protect the environment and human health, including in third countries, and to contribute to a circular economy, resource efficiency, climate neutrality and zero pollution. It requires electronic exchange of shipment information through a central system interlinked with national systems, sets deadlines for competent authority decisions, and requires financial guarantees for shipments. It phases out exports of plastic waste to countries to which the OECD Decision does not apply other than EFTA member states, and phases out exports of plastic waste listed in Annex III, IIIA, IIIB or IV to countries to which the OECD Decision applies other than EFTA countries. It requires audits of facilities managing exported waste, inspections based on a Union risk-based targeting mechanism, and reporting by the Commission every three years.

Key points

  1. The regulation aims to protect the environment and human health from adverse impacts of waste shipments, including in third countries, and to contribute to a circular economy, resource efficiency, climate neutrality and zero pollution.
  2. Waste containing or contaminated with a persistent organic pollutant listed in Annex IV of Regulation (EU) 2019/1021 is added to the list of waste subject to the prior written notification and consent procedure.
  3. Shipments of mixed municipal waste destined for recovery are subject to the notification procedure, and shipments of such waste destined for disposal are prohibited.
  4. The competent authority of destination must inform the notifier within 30 days if it cannot decide, and take a final decision within 60 days of submission of the notification.
  5. Written consent to a planned shipment expires after at most two calendar years, or any shorter period indicated by the competent authorities.
  6. Information, data and documents for waste shipments must be submitted and exchanged electronically via a central system or a national system interlinked with it.
  7. The Commission must operate a central system that stores data for reporting and analysis, and the system's functionality must be reviewed every two years.
  8. Exports of plastic waste to countries to which the OECD Decision does not apply other than EFTA member states are not covered by the list of countries to which exports are authorised.
  9. Exports of plastic waste listed in Annex III, IIIA, IIIB or IV to countries to which the OECD Decision applies other than EFTA countries must be phased out by a date four years after entry into force.
  10. Natural or legal persons exporting waste must ensure the facility managing the waste has been audited by an independent accredited third party, with the audit carried out no longer than two years before export.
  11. Member States must carry out inspections to prevent and detect illegal shipments based on a Union risk-based targeting mechanism, and the Commission must adopt implementing acts defining its detailed elements.
  12. The Commission must produce a report every three years on the implementation of the regulation, first by the end of the third year after entry into force.

Who is affected

  • Notifiers, waste producers, dealers and brokers must provide notifications and documentation in an acceptable language, with English accepted unless justified otherwise.
  • Exporters of waste must ensure facilities in destination countries are audited and provide audit reports to the Commission before exporting.
  • Competent authorities of member states must make information on notifications and shipments publicly accessible through the central or national electronic system.
  • Recovery facilities must provide confirmation of waste receipt within two working days.

Figures and deadlines

  • 150 kg for laboratory analysis and 2000 kg for experimental treatment trials, or any higher amount agreed case-by-case.
  • 30 days for the competent authority of destination to inform the notifier if it cannot decide, and 60 days for a final decision.
  • Two calendar years maximum validity for written consent to a planned shipment.
  • 60 days for the country concerned to provide information on waste recovery conditions.
  • Four years after entry into force for phasing out exports of certain plastic waste to OECD countries other than EFTA.
  • Two years before export for the most recent audit of a facility managing exported waste.
  • Three years for the Commission's implementation report, first by the end of the third year after entry into force.
  • 31 December 2030 for the Commission's review of the regulation.