The Swedish Presidency of the EU Council has a mandate to negotiate with the European Parliament on the proposed regulation to tighten rules on shipments of waste within the EU and to non-OECD countries in order to restrict waste exports to developing countries, better combat illegal shipments and to recycle waste within the EU.
The Permanent Representatives of the Member States to the EU (Coreper), who met on Wednesday 24 May in Brussels, approved this mandate, which continues the progress made since the French Presidency (see EUROPE 12982/12) and seeks to ensure the right balance is achieved between the flexibility requested by delegations to avoid overly burdensome procedures, the need to preserve health and environmental objectives, and the integrity of the system that was proposed in November 2021 (see EUROPE B1283413).
According to a note from the Swedish Presidency that was dated 17 May, the compromise under discussion supports the proposal, strengthens provisions regarding exports to non-OECD countries, clarifies the issue, extends the timetables for implementation and provides for flexibility on sanctions.
Tighter controls. The mandate also emphasises the importance of strengthening the control of shipments of products and materials that are not waste, but which may have a negative impact on human health and the environment, specifically when exported to third countries (addition of recital 11b). It also sets out the fact that the regulation aims to contribute to the EU’s objective of climate neutrality.
It proposes defining ‘shipment’ as “the transport of waste destined for recovery or disposal from the location from which the transport starts until the receipt of the waste by the facility that carries out the disposal or recovery operation”.
The text modernises and digitises the procedures for waste shipments within the EU.
Clearer procedures. The EU Council both clarifies the procedure for prior informed consent of third countries (PIC procedure) and makes it more transparent, while introducing more realistic deadlines.
For shipments within the EU, the Council has added a recital on shipments of waste intended for laboratory analysis or experimental treatment trials (Article 4(4)) in order to justify a larger amount of waste being allowed to be included in such shipments, which are subject to information requirements within the EU.
For shipments of waste for disposal (Article 11), the Council has included a provision that the European Commission should adopt an implementing act that clarifies the criteria that can be used to object to shipments of such waste.
It also sets out that a Member State to which mixed municipal waste is to be exported has the option to object to the notification and thus to refuse the shipment where there is evidence that the waste will not be treated in an environmentally sound manner.
With regard to audits (Article 43), these can be carried out by actors other than the notifier or the person arranging the shipment, i.e. by independent third parties with appropriate qualifications.
Flexibilities. The text extends the period of application of the provisions after the entry into force of the Regulation by 24 months, with the exception of the European Commission’s implementing acts, which will apply immediately.
Regarding penalties, the EU Council aligns the provisions with those approved for the proposed Industrial Emissions Directive (IED) to allow Member States to be able to adapt them to their national legal systems, while also taking into account the Directive on the protection of the environment through criminal law.
In January, the European Parliament voted on the proposed regulation, including the introduction of an export ban on plastic waste, on the basis of a report by Pernille Weiss (EPP, Danish) (see EUROPE 13101/4).
The first interinstitutional negotiation meeting (trilogue) is scheduled for 31 May.
The text of the general approach will be published on Thursday 25 May.
See the note on the EU Council’s negotiating position: https://aeur.eu/f/715 (Original version in French by Aminata Niang)