Europe nears ban on export of plastics and waste

Europe’s proposed ban on exporting shipments of waste, in particular plastics, to third countries moved a step closer after a revision of the text following negotiations between the European Council and European Parliament (EP).

The proposed changes will essentially maintain the bans, but introduce new procedures that ease the regulation on shipments of waste, allowing for some exports under new procedures and checking regime operated by the European Commission (EC).

Specifically, the ban on European countries exporting waste for disposal to third countries and hazardous waste for recovery in non-OECD countries has been maintained, but legislators agreed a change to allow waste shipments where waste management facilities at the country of destination have been audited to prove waste is treated in environmentally sound conditions.

“Operators would only be allowed to export waste to these facilities if this were the case,” the EP and Council said, adding that the EC would need to set up a register of auditing waste management facilities overseas.

Wording has also been changed to allow waste to be retained within the EU if it is to be recycled. While the shipment of waste to be disposed within the EU will be banned, the text has been modified to allow waste for recovery, such as for reuse or recycling. However, these shipments will be subject to new notification and consent procedures, known as PIC, which will be managed through a system operated by the EC.

For plastic waste specifically, the ban on exports to third countries will be maintained, but the new provisions will allow non-OECD countries to apply to the EC to import plastic waste within five years of the regulation coming into force. The text said these importing countries would have to comply with strict waste management standards and the EC would adopt a delegated act to lift the ban for these countries.

Non-hazardous plastic waste would also be allowed to be exported to OECD countries, subject to the PIC notification procedure, under the changes. The EP and Council said the text specifies that the EC “strictly monitors” the export of plastic waste to OECD countries to check exports do not have “significant impact on the environment or human health and that EU-imported waste is adequately managed in these countries”.

The EP and Council said the provisional changes introduce “procedures and control regimes to ensure that international shipments of waste do not pose a threat to human health and the environment, and to promote the use of waste as a resource in a circular economy within the EU.”

The provisions are subject to formal adoption by both institutions.

“Embracing waste as a valuable resource rather than something to dispose of is crucial for our shift to a circular economy. 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 make sure that the waste we export will not be harmful for the environment and human health. Today’s deal is another important step towards the EU’s zero-pollution and climate-neutrality goals,” said Teresa Ribera Rodríguez, acting Spanish third vice-president of the government, and minister for the ecological transition and the demographic challenge.

The EP and Council said member states would be expected to introduce strict penalties for breaches of the waste shipment regulation, including fines.