The EU’s Evolving Framework for Cross-Border Waste Shipment and Enforcement

Overview and Scale

Economic growth and globalisation have driven a significant worldwide increase in cross-border waste transport, moving by road, rail, and boat. The EU has a comprehensive system to supervise and control waste shipments both within its borders and beyond. In 2023 alone, the EU exported 35.1 million tonnes of waste, valued at €18.5 billion, with Türkiye emerging as the primary destination. While most EU-generated waste is shipped between Member States, a substantial share continues to be exported to third countries. Waste contains valuable secondary raw materials, and while trading it can benefit the economy, uncontrolled movement poses serious environmental risks.

The New Regulation

The new Waste Shipments Regulation was adopted in April 2024 and entered into force on 20 May 2024, replacing legislation dating back to 1993 and 2006. Most of its provisions will apply from 21 May 2026, while the bulk of new export rules come into effect from 21 May 2027. The regulation has three core objectives: preventing the EU from exporting its waste problems to third countries; strengthening enforcement against illegal shipments both within and beyond EU borders; and improving the traceability of waste to facilitate recycling and reuse.

Rules for Intra-EU Shipments

For waste moving between EU Member States, the applicable procedure depends on the type of waste and its intended treatment. Hazardous, mixed, and disposal-destined waste requires prior notification and consent from all relevant authorities in origin, transit, and destination countries before any shipment can proceed. Non-hazardous “green-listed” waste destined for recovery within the EU and OECD area is subject to lighter general information requirements. A significant procedural shift will occur from May 2026, when the current paper-based system will be replaced by a central EU electronic platform to streamline the submission and exchange of shipment documentation.

Export Rules: OECD and Non-OECD Countries

Exports of waste for disposal, and hazardous waste exports for recovery to non-OECD countries, remain banned. For OECD countries, the export framework broadly mirrors the intra-EU regime, with the Commission empowered to monitor trends, engage in dialogue, and ultimately suspend exports where there is evidence of environmental harm. Plastic waste exports face particular scrutiny. From 21 May 2027, non-hazardous waste exports to non-OECD countries will be generally prohibited, with limited exceptions available to countries that can demonstrate they manage waste in an environmentally sound manner. Non-OECD countries wishing to import EU waste must formally notify the Commission and provide supporting evidence of their environmental management capacity.

Exporter Obligations and Enforcement

Companies exporting waste must demonstrate that receiving facilities manage waste responsibly, backed by independent audits. Where audits return negative results, exports to the relevant facility must stop. To combat illegal shipments, a dedicated EU Waste Shipment Enforcement Group has been established, bringing together environmental, customs, police, and inspection authorities alongside European and international law enforcement networks. The Commission’s anti-fraud office, OLAF, can support cross-border investigations into waste trafficking.

Plastic and E-Waste

Plastic waste exports are subject to the Basel Convention’s Prior Informed Consent procedure, and exports to non-OECD countries will be fully banned from 21 November 2026. New e-waste rules, effective from 1 January 2025, prohibit all exports of electrical and electronic waste to non-OECD countries, and apply prior informed consent requirements to exports to OECD countries and to shipments of e-waste between EU Member States.

https://environment.ec.europa.eu/topics/waste-and-recycling/waste-shipments_en

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