With the proposed amendment of Regulation 1013/2006, the export of Green List wastes to non-OECD countries will also receive a completely new basis. According to the amendment, exports will only be possible to countries on a list drawn up by the Commission. This changes the regulatory system decisively. Under the current law, all exports to non-OECD countries that do not respond to a corresponding request from the Commission are subject to the notification requirement. According to the new regulation, an export ban then applies.
If one analyses the previous statements or non-statements of the third countries, this means that about 50 states with export bans will be added to the 25 states with export bans so far.
In addition, the states that want to be listed must fulfil new requirements, among other things they must have a comprehensive waste management system and a legal framework for waste management, as well as be party to various conventions (cf. Annex VIII in conjunction with Art. 39 of the new regulation). Furthermore, according to Art. 40, the Commission shall assess the responses of the third countries and only list them if the requirements according to Art. 39 are fulfilled. If during the assessment the Commission comes to the conclusion that the reply is not complete or sufficient, the third country has three months to complete it. The time limit can be extended by three months on the basis of a reasoned request by the third country.
This review procedure is likely to lead to an export ban for further states in the future.
This new regulation is to take effect 30 months after the entry into force of the amendment to Regulation 1013/2006. For this purpose, the Commission is to start a survey of third countries 3 months after the amendment enters into force on the basis of the questionnaire from Annex VIII.