Scope:

Waste Shipment Regulation (EC) No 1013/2006, including secondary act (Commission Regulation (EC) No 1418/2007 on rules for shipments to non-OECD third countries)

Evaluation findings:

The WSR established a robust legal framework that has been implemented by Member States. The WSR has generally been effective in delivering its two main objectives: to protect the environment and human health from adverse effects of waste shipments; and to implement the EU’s international commitments in this area. It has led to a better control of waste shipments and contributed to the environmentally sound management of shipped wastes at national and EU levels.

At the same time, different levels and ways of applying and enforcing the WSR, often combined with different interpretations of its provisions and various inspection regimes, have hampered its optimal implementation throughout the EU. These factors limit or discourage legal shipments of good quality waste materials to recycling facilities, which are important for the transition to a circular economy in the EU.

When it comes to the export of wastes, especially non-hazardous wastes, from the EU, a major shortcoming is the insufficient supervision of the conditions under which these wastes are managed in destination countries, especially in developing countries. As a result, the export of some waste from the EU has created environmental and public health challenges in the countries of destination. It also represents a loss of resources for EU recycling industries.

Illegal shipments of waste within and from and to the EU also remain a considerable problem due to the general nature of the WSR provisions. This relates in particular to the elements that need to be checked by the competent authorities, for example on the environmentally sound management of waste and on enforcement. However, it is also due to shortcomings in the implementation and enforcement of the WSR.

The evaluation found that Regulation 1418/2007 provided useful information on waste import regimes in third countries that would otherwise be more dispersed. This helps to reduce EU exports of (non-hazardous) waste that are not wanted in those countries. However, the formal process of updating the information takes significant time and is resource intensive. This means that it can become out of date.

Which objectives did the Commission pursue?

The overall objective of the proposal adopted by the Commission is to protect the environment by facilitating shipments within the EU, in line with circular economy principles, guaranteeing that waste shipped from the EU to third countries is managed in an environmentally sound manner, and addressing illegal shipments of waste within and outside the EU.

The proposal is a balanced approach in terms of effectiveness (achievement of the objectives) and cost-efficiency. It takes into account the EU’s international obligations, and proportionality. It aims to reduce the burden for intra-EU shipments of waste and promote waste shipments destined for recycling. It aims to meet the EU’s objective to stop exporting its waste problems by ensuring exported waste is treated in a sustainable manner, while respecting the EU’s international legal obligations. Finally, it contributes to better addressing illegal shipments of waste. It is not expected to result in excessive costs or major disruption of waste markets.

The Commission proposal includes the principle that non-hazardous waste can only be exported for recovery to non-OECD third countries in case they have notified their willingness to import and have demonstrated their ability to sustainably manage EU waste. The new Regulation would provide for the information required from applying third countries and the elements to be assessed in order for these countries to be included on a list, established through a delegated act that would be regularly updated.

Estimated savings and benefits

The proposal makes maximum use of the potential of digitalisation to reduce administrative costs. This is the case especially for the proposal to set up a mandatory EU-wide system to issue and interchange electronically data and information linked to waste shipments. The development of such a system that combines existing national or EU platforms (such as that established under Regulation (EU) No 2020/1056 on electronic freight transport information) is not expected to entail very high costs for the Commission, Member States or businesses. It will, however, provide Member State authorities and the Commission with a powerful tool for monitoring and enforcing, as well as an efficient tool for businesses to comply with the obligations in the proposed regulation.

Implementation reported by Member States

Implementation reporting is made regularly.