EU unveils waste shipment regulations, immediate impact less expected

The much-awaited European Union (EU) rules on waste shipments, which automatically put a blanket ban on ferrous scrap exports, was made on 17 Nov’21.

The proposal for a new Regulation puts forward a new approach to “address EU shipments of waste, implementing the commitments of the European Green Deal, the new Circular Economy Action Plan and the Zero Pollution Action Plan and the new EU Strategy to tackle Organised Crime 2021-2025,” the latest notification stated.

Speaking to SteelMint, a global ferrous scrap recycling source said: “Too early to comment. Such measures take 3-5 years to get implemented and by that time most importing countries outside of OECD will put required legislations in place. How the EU regulations impact UK exports will also have to be seen.”

Which waste streams are covered by the proposal?

The proposal covers all types of waste and would make it easier to recycle and re-use hazardous and other “notified” waste.

Why is EU revising rules on waste shipments?

• Waste can be a valuable resource but it has to be used with care. When waste shipped across borders is not properly controlled and sustainably managed in the destination countries, it can harm human health and the environment.
• On the other hand, such waste can have a positive economic value and also bring environmental benefits. This is the case when it is recycled and used as secondary materials, therefore replacing virgin materials and contributing to a more circular economy.
• The Waste Shipment Regulation currently in force dates back to 2006. Since its adoption, exports of waste from the EU to third countries have considerably increased, notably to countries that are not members of the OECD. In 2020, the EU exported around 33 million tonnes (mn t) of waste to non-EU countries and imported around 16 mn t. In addition, nearly 70 mn t of waste are shipped between EU countries each year. Administrative procedures limit the circulation of waste between EU Member States and this in turn is slowing down the move to a circular economy at EU scale.Illegal traders widely bypass existing rules, resulting in environmental crime in the EU and in third countries. Coordinated enforcement campaigns indicate that 15-30% of waste shipments might be illegal, amounting to EUR 9.5 billion annual revenues from the illicit waste market in the EU.

What does EC aim to achieve with this proposal?

• The new regulation has three goals: ensuring that the EU does not export its waste challenges to third countries; making it easier to transport waste for recycling and reuse in the EU; and better tackling illegal waste shipments.
• These measures will also reduce greenhouse gas emissions and contribute to meeting climate targets, as they will encourage the uptake of recycled materials in the EU, which have a much lower carbon footprint than primary raw materials (such as coal, iron ore, bauxite, pulp, and oil) currently used by EU industry.

What are the main measures of the proposal on the export of waste?

To ensure that the export of waste from the EU to third countries is managed sustainably, the following measures are proposed:

• For countries not members of the OECD, exports of waste from the EU would be made conditional on an official request from the country to import non-hazardous waste from the EU and demonstration that it can recover it in a sound manner. A list of countries authorised to import waste from the EU will be set up. The Commission will monitor the levels of waste exports from the EU to OECD countries. If there is a surge in waste exports to one of these countries, risking serious environmental or public health problems in that country, the Commission will seek information on the treatment of this waste in the country concerned. The Commission will suspend export of this waste if there is no guarantee that this treatment is sustainable.
• EU exporting companies would have to carry out independent audits for their waste exports outside the EU. These audits should demonstrate that the facilities treat this waste in an environmentally sound manner. EU companies would only be authorised to export to these facilities if this is the case.
• To address waste being illegally presented as “used goods”, specific binding criteria will be developed to differentiate between waste and used goods for specific commodities of a particular concern, such as used vehicles and batteries.

What are the main measures to tackle illegal shipments of waste?

• The European Commission will support transnational investigations by EU Member States on waste trafficking, with the help of the European Anti-Fraud Office (OLAF), which has the relevant expertise.
• An EU ‘waste shipment enforcement group’ would be established. It would comprise environmental, customs, police and other relevant national inspection authorities, as well as European and international law enforcement networks.

What will happen to waste which, as a result of the proposed new rules, would stay in the EU rather than be exported?

The impact assessment underpinning the proposal shows there should be no major challenges for EU industry to process additional quantities of ferrous metal, non-ferrous metal and paper waste, which represent the highest share of waste currently exported outside the EU. The industries processing such waste (steel, aluminium, copper, and paper industries) are already recycling substantial volumes and have the capacity to deal with additional quantities within the EU.

How will the EU work with international partners to address the problem globally?

The EU will lead initiatives to this end in multilateral organisations, starting with the UN Environmental Assembly in February 2022 and the Conference of the Parties of the Basel Convention in June 2022. The EU will support actions to reduce pollution from e-waste, used vehicles and textile waste, which pose particular environmental challenges worldwide.