Safe waste shipments within the EU and with non-EU countries

The European Union (EU) has a system to supervise and control shipments of waste within its borders and with the countries of the European Free Trade Association (EFTA), the Organisation for Economic Cooperation and Development (OECD) and non-EU countries that have signed the Basel Convention.

ACT

Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste.

SUMMARY

The European Union (EU) has a system to supervise and control shipments of waste within its borders and with the countries of the European Free Trade Association (EFTA), the Organisation for Economic Cooperation and Development (OECD) and non-EU countries that have signed the Basel Convention.

WHAT DOES THIS REGULATION DO?

It lays down rules for controlling waste shipments in order to improve environmental protection.

It also incorporates the provisions of the Basel Convention and the revision of the OECD’s 2001 decision on the control of transboundary movements of wastes destined for recovery operations (i.e. where a waste is processed to recover a usable product or converted into a fuel) in EU law.

KEY POINTS

The law applies to shipments of waste:

•
between EU countries within the EU or transiting via non-EU countries;

•
imported into the EU from non-EU countries;

•
exported from the EU to non-EU countries;

•
in transit through the EU, on the way from or to non-EU countries.

It covers almost all types of waste, with the exception of radioactive waste, waste generated on board ships, shipments subject to the approval requirements of the animal by-product regulation, certain shipments of waste from the Antarctic, imports into the EU of certain waste generated by armed forces or relief organisations in situations of crisis, etc.

Control procedures

There are two control procedures for the shipment of waste, namely:

1.

the general information requirements of Article 18, which is normally applicable to shipments for recovery of wastes, listed in Annex III (‘green’ listed wastes - non-hazardous, such as paper or plastics) or IIIA; and

2.

the procedure of prior written notification and consent for other types of shipments of wastes, including:

•
shipments of wastes listed in Annex IV (‘amber’ listed wastes containing both hazardous and non-hazardous parts) or in Part 2 of Annex V (European list of wastes, e.g. wastes from mining, quarrying and physical and chemical treatment of minerals); and

•
shipments for disposal of wastes listed in Annex III (‘green’ listed wastes).

Other provisions

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All parties involved must ensure that waste is managed in an environmentally sound manner, respecting EU and international rules, throughout the shipment process and when it is recovered or disposed of.

•
The notification procedure requires the prior written consent of the competent authorities of the countries concerned by the shipment (country of dispatch, country of transit and country of destination) to be given within 30 days.

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The notifier has a duty to take back waste shipments that are found to be illegal or cannot be provided as intended (including the recovery or disposal of waste).

Trade bans

Exports to non-EU countries of waste for disposal are prohibited, except to EFTA countries that are party to the Basel Convention.

Exports for recovery of hazardous waste (i.e. that poses a risk to human health and the environment) are prohibited, except those directed to countries to which the OECD decision applies.

Imports from non-EU countries of waste for disposal or recovery are prohibited, except for imports:

•
from countries to which the OECD decision applies;

•
non-EU countries that are party to the Basel Convention;

•
countries that have concluded a bilateral agreement with the EU or EU countries; or

•
other areas during situations of crisis.

Inspection systems

The law was amended in 2014 to strengthen EU countries’ inspection systems. It lays down minimum inspection requirements with a focus on problematic waste streams (such as hazardous waste and waste sent illegally for dumping or sub-standard treatment). EU countries will have to prepare inspection plans by 2017.

WHEN DOES THE REGULATION APPLY?

From 15.7.2006.

For more information, see the European Commission’s waste shipments website.

REFERENCES

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Regulation (EC) No 1013/2006

15.7.2006

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OJ L 190, 12.7.2006, pp. 1-98

Amending act(s)

Entry into force

Deadline for transposition in the Member States

Official Journal

Commission Regulation (EC) No 669/2008

19.7.2008

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OJ L 188 of 16.7.2008, pp. 7-15

Regulation (EC) No 219/2009

20.4.2009

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OJ L 87 of 31.3.2009, pp. 109-154

Directive 2009/31/EC

25.6.2009

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OJ L 140 of 5.6.2009, pp. 114-135

Regulation (EU) No 660/2014

17.7.2014

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OJ L 189 of 27.6.2014, pp. 135-142

The successive amendments and corrections to Regulation (EC) No 1013/2006 have been integrated in to the original text. This consolidated version is of documentary value only.

AMENDMENTS TO THE ANNEXES

Commission Regulation (EC) No 1379/2007 (OJ L 309 of 27.11.2007, pp. 7-20).

Commission Regulation (EC) No 669/2008 (OJ L 188 of 16.7.2008, pp. 7-15).

Commission Regulation (EC) No 308/2009 (OJ L 97 of 16.4.2009, pp. 8-11).

Commission Regulation (EU) No 664/2011 (OJ L 182 of 12.7.2011, pp. 2-4).

Commission Regulation (EU) No 135/2012 (OJ L 46 of 17.2.2012, pp. 30-32).

Commission Regulation (EU) No 255/2013 (OJ L 79 of 21.3.2013, pp. 19-23).

Commission Regulation (EU) No 1234/2014 (OJ L 332 of 19.11.2014, pp. 15-17).

RELATED ACTS

Commission Regulation (EC) No 801/2007 of 6 July 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 179 of 7.7.2007, pp. 6-35).

Last updated: 20.04.2015