Late in the evening of Thursday 17 November, the European Parliament, the EU Council and the Commission reached a political agreement on the proposal to revise the regulation on waste shipments within the EU and to non-OECD countries, tightening up the rules.
This provisional agreement ends a long series of interinstitutional negotiations (trilogues) (see EUROPE 13292/11) on a proposal from November 2021 (see EUROPE 12834/3).
“Today’s agreement will provide us with the necessary framework to better recover and reuse waste as a secondary material. At the same time, it will help us to ensure that the waste we export is not harmful to the environment and human health”, commented Spain’s Minister for the Ecological Transition, Teresa Ribera, on behalf of the EU Council.
“The outcome of our negotiations will give Europeans greater certainty that our waste will be properly managed, wherever it is shipped. The EU will finally be taking responsibility for its plastic waste”, said Danish MEP Pernille Weiss (EPP), the Parliament’s chief negotiator.
The agreed text states that the regulation aims to protect the environment and human health more effectively, while helping to achieve the EU’s objectives regarding climate neutrality, the circular economy and zero pollution.
Shipments within the EU. All shipments of waste destined for disposal within the EU will be prohibited, unless agreed and authorised under strict conditions and in duly justified cases. Intra-EU shipments of waste destined for recovery operations will be authorised under the prior informed notification and consent procedure.
An exception is provided for shipments of waste explicitly intended for laboratory analyses and experiments, if this waste does not exceed 250 kg. In this case, the shipment of this waste must comply with the general information requirements.
Two years after the regulation comes into force, the exchange of information and data on waste shipments within the EU will be digitalised, via a central electronic platform, in order to improve the communication of information and transparency.
Exports. Member States will be prohibited from exporting waste for disposal to third countries and from exporting hazardous waste for recovery to non-OECD countries.
Non-hazardous waste and mixtures of waste destined for recovery may only be exported to non-OECD countries that agree to treat such waste in an environmentally sound manner and meet the necessary criteria for doing so, including compliance with international conventions on labour and workers’ rights. The Commission will establish a list of these recipient countries, which will be updated at least every 2 years.
The Commission will establish a register containing up-to-date information on audited facilities to help waste exporters prepare for shipments.
Plastic waste. On this point, which was the most difficult aspect of the negotiations, the compromise reached stipulates that plastic waste may no longer be exported to non-OECD countries within 2.5 years of the regulation coming into force. Exports of non-hazardous plastic waste will be allowed to OECD countries, but will be subject to stricter conditions, including the obligation to apply the prior informed consent (PIC) procedure, as well as tighter compliance controls.
Penalties for offenders. Member States will be asked to provide for effective, proportionate and dissuasive penalties in the event of infringement. These may include, where appropriate, fines and the revocation or temporary suspension of permits relating to the management and shipment of waste.
It is now up to the Council and Parliament to approve this provisional agreement. (Original version in French by Aminata Niang)