In April 2024, Regulation (EU) 2024/1157 “on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006” was published in the Official Journal of the EU[1].
This new Waste Shipment Regulation replaces Regulation (EC) No. 1013/2006. It came into force on 20 May 2024, but will only apply from 21 May 2026 with a few exceptions. Art. 86 of Regulation (EU) 2024/1157 stipulates a different date of application for some provisions. This means that essential parts of Regulation 1013/2006 will apply until 20 May 2026. Some provisions, in particular the options for the Commission to adopt delegated acts or implementing acts, come into force immediately.
The revised Art. 30 also came into force on 20 May 2024 and now also enables the conclusion of bilateral agreements with EFTA states. Previously, Germany only had such an agreement with Austria, but now a corresponding agreement would also be possible with Switzerland.
Implementing electronic data exchange
For shipments within the EU, the switch to electronic data exchange was established to facilitate the procedure. This applies in particular to the transmission of data and information in connection with the notification procedure and the procedure pursuant to Art. 18 for green waste. To this end, the Commission is to operate a centralised system (hub) for the exchange of data between authorities and economic operators. Member States may operate their own available systems or software, which must be interoperable with the central system. The exchange of information and data on shipments of waste will therefore take place via a centralised electronic interface in future. According to recital 28, the system is to be applied from May 2026 after an appropriate transitional period of 24 months.
Export of wastes
The provisions on the export of waste have been significantly tightened and waste exported from the EU to OECD countries will be monitored more closely. From 21 May 2027, exporters will have to prove the environmentally sound nature of their exports by means of an independent audit in accordance with Art. 46.
The requirements for exports of plastic waste have been made significantly stricter than for other waste. The export of plastic waste to OECD countries will be subject to stricter rules in future due to the obligation to apply the procedure of prior written notification and consent. Furthermore, the export of non-hazardous plastic waste (B3011) to non-OECD countries will be prohibited in principle from 26 November 2026. However, non-OECD countries can submit an application to the EU Commission in which they declare their willingness to import these used plastics and treat them accordingly. The notification procedure also applies to these exports.
Export of green listed wastes to third countries
Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 (so-called green waste) destined for recovery to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply is repealed with effect from 21 May 2027. In accordance with Art. 40, an export ban will then apply unless the third countries are included on a list of countries in which the corresponding waste is listed that may be exported. A third country can be listed upon application to the Commission. The non-OECD third country concerned must submit an application to the Commission for inclusion in the list of countries. In accordance with Art. 42 in conjunction with Annex VIII, certain requirements must be met. The Commission then assesses in accordance with Art. 43 in conjunction with Annex IX whether the state will be included in the list of states. In the case of a positive assessment, which takes place when the third country proves that it has taken all necessary measures to treat the waste in an environmentally sound manner in accordance with Art. 59, the Commission includes the third country concerned on the list in accordance with Art. 80 by adopting a corresponding delegated act.
This list of states is to be drawn up by 21 November 2026. For this purpose, the Commission will contact the third countries concerned by 21 August 2026, who can submit the corresponding application for listing by 21 February 2025. The list is to be updated regularly, but at least every two years.
Further new stipulations
Also new is a ban on the shipment of all waste destined for disposal within the EU. There is an exception to the ban if consent has been granted following prior written notification.
Shipments of green-listed waste for recovery within the EU are still possible under a less stringent procedure (Article 18) without the involvement of authorities, but with new obligations and deadlines. For example, the person arranging the shipment must be authorised or registered in accordance with Chapter IV and Directive 2008/89/EC. A shipment is only possible to an authorised or registered facility. Confirmation of receipt of the waste and its recovery must always be provided electronically (analogue remains possible, however). This means that both the Commission and the enforcement authorities have access to this information in the case of electronic reporting.
The exemption for shipments of waste within the EU that are expressly intended for laboratory analyses or experiments has been increased to up to 250 kg in accordance with Art. 4. However, this quantity can be increased upon request by the authorities of dispatch and destination.
Illegal waste shipments are to be combated more effectively through improved data management and better co-operation in enforcement.
The establishment of an enforcement group for waste shipments in accordance with Art. 66 from May 2024 is intended to improve enforcement and also better detect or prevent illegal shipments.
Authorisations for the Commission
The new regulation contains authorisations for the Commission to adopt delegated and implementing acts, which will apply from 20 May 2024. Among other things, the Commission can
- pursuant to Art. 7 (10), determine the feasibility of establishing a simple risk-based and harmonised calculation method for determining the financial guarantee.
- Pursuant to Art. 14 (3), amend the criteria for applying for the status of a pre-allocated installation by means of a delegated act,
- pursuant to Art. 18 (5), to issue instructions for the completion of Annex VII by means of a delegated act,
- pursuant to Art. 27 (2) and (5) on the electronic transmission of information and documents, adopt an implementing act by 21 May 2025 at the latest to define
- the requirements for interoperability between the central system and other systems, as well as
- other technical and organisational requirements,
- in accordance with Article 29 (3) and (6), to adopt implementing acts on the harmonised classification of waste in Annexes III, IIIA, IIB and IV, for example by establishing criteria such as contamination thresholds.
[1] OJ L, 2024/1157 of 30.04.2024