About
The current EU Waste Shipment Regulation lays down two kinds of control mechanisms:
- Rules on notification and prior written consent, which entails that exporters must notify relevant authorities before shipping certain categories of waste, and the receiving country must grant prior written consent for the import; and
- Enforcement rules on the prohibition of exportation of 'hazardous waste' from EU/EEA Member States to non-OECD countries which entail that penalties and sanctions may be imposed in the case of non-compliance.
In addition to the prohibition against exportation to non-OECD countries, the EU Waste Shipment Regulation sets out provisions relating to the procedure of transporting waste between EU/EEA countries. The specific procedure will depend on the country of exportation and importation as well as the classification of the waste and the purpose of the transportation (disposal/recycling etc.)
For OECD-countries outside the EU, the procedural framework is very similar to the framework that applies between EU Member States. For non-OECD countries, the export of non-hazardous waste is currently allowed (however, see below for the most recent developments).
EU/EEA-flagged ships covered by the EU Ship Recycling Regulation were excluded from the scope of the previous EU Waste Shipment Regulation. However, it is important to note that in the new EU Waste Shipment Regulation, it is prohibited to export ships from the jurisdiction of EU Member States for scrapping in non-OECD countries. For EU/EEA-flagged ships, this currently has little relevance because these ships may only be recycled in yards on the European List, and there are no yards in non-OECD countries on the list. For non-EU/EEA flagged vessels, the flag or ownership of the vessel is of no relevance, and the EU Waste Shipment Regulation will apply if the ship is considered hazardous waste and is exported from an EU Member State to be scrapped in a non-OECD country.
To ensure enforcement of the Regulation, the Member States are required to lay down rules on effective, proportionate and dissuasive penalties applicable for infringement of the provisions.
Although the old EU Waste Shipment Regulation has now been repealed, the new EU Waste Shipment Regulation provides that the old Regulation's provisions (with certain exceptions) shall continue to apply until 21 May 2026. New provisions on the export of waste from the EU to third countries will not apply until 21 May 2027.
The main changes introduced by the new EU Waste Shipment Regulation include:
- Stricter Controls on Waste Exports: The new EU Waste Shipment Regulation imposes tighter restrictions on the export of non-hazardous waste, particularly to non-OECD countries. From 21 May 2027, non-OECD countries must inform the European Commission that they are willing to import the waste and demonstrate that they can manage the waste sustainably before being allowed to import it. The exporter will not be granted consent from the competent authorities unless certain conditions are met, including demonstrating that the waste cannot be disposed of in a technically feasible and economically viable manner in the country where it was generated.
- Audits: All EU Companies that export waste outside of the EU will be required to ensure that a third-party independent audit of the facilities handling their waste to ensure environmentally sound management has been completed.
- Ban on Export of Plastic Waste: Starting from 21 November 2026, the export of plastic waste to non-OECD countries will be completely banned for 2.5 years, after which these countries may only receive plastic waste subject to the provisions of the EU Waste Shipment Regulation.
- Digitalization of Procedures: The EU Waste Shipment Regulation aims to modernize and facilitate waste shipment processes within the EU by transitioning to digital procedures for shipping waste by May 2026.
- Stronger Enforcement Against Waste Trafficking: The EU Waste Shipment Regulation also introduces measures to combat illegal waste trafficking. This includes enhanced cooperation between EU Member States and stricter penalties for those involved in illicit waste trade.
We expect the new EU Waste Shipment Regulation will eventually be incorporated into Norwegian law.
Who does it impact?
EU/EEA states and parties involved in the shipment of hazardous waste, depending on the geographical location of the waste.
Status: In force
The old EU Waste Shipment Regulation has been in force from 12 July 2007. The new EU Waste Shipment Regulation repealed the old Regulation, although it provided that most of its provisions would continue to apply until 20 May 2026.
The new EU Waste Shipment Regulation entered into force on 20 May 2024 and its provisions will gradually become effective between this date and May 2027.
Relation to other initiatives and regulations
The EU Waste Shipment Regulation replaced the previous Regulation No 259/93 and implements the Basel Convention, including the Basel Ban Amendment.
The old EU Waste Shipment Regulation has been implemented into Norwegian law by way of chapter 13 of the Norwegian Waste Regulation, which entered into force on 1 January 2015.
Participants
Applicable to EU/EEA States.
Thommessen's comments
With regard to ship recycling, it is important to note that ships will normally be regarded as 'hazardous waste' due to the presence of substances being explosive, inflammable, toxic, harmful to human health, the environment etc.
A practical implication of the EU Waste Shipment Regulation is therefore that the exportation of ships from an EU/EEA state to a non-OECD country, such as India, Pakistan and Bangladesh is prohibited.
The application of the EU Waste Shipment Regulation will depend on the geographical location (of the waste) when the decision to export or scrap the waste was taken or carried out.
The rules on Waste Shipment will become increasingly stricter over the next few years following the EU's adoption of a new Waste Shipment Regulation in May 2024. The new Regulation became effective on 20 May 2024, but most of its provisions will be implemented from 21 May 2026 or 21 May 2027. For shipping, however, the prohibition against exporting ships that are considered as hazardous waste for recovery, or destined for disposal, in a non-OECD country applies to any ship that is located in an area under the national jurisdiction of a Member State, from the date of the new EU Waste Shipment Regulation.