A company transporting waste in Europe - what regulations should it pay attention to?

Both in Poland and in other EU countries, waste transport is a strictly regulated activity. Any company transporting waste must meet certain formal conditions, depending on the regulations in force in the country concerned. Although the general rules derive from EU law, the detailed procedures may vary significantly. In this opinion, I will focus on the countries which are most frequently asked by clients in the context of waste transport permits. I will therefore talk about Poland, Germany, Italy, the Netherlands and Sweden. In addition, I will outline how changing EU regulations affect hauliers' obligations across Europe.

Poland

Law basics

In Poland, waste transport is primarily regulated by the Waste Act of 14 December 2012. Additional provisions include Act on the monitoring system for the carriage of goods by road (SENT) and implementing regulations. The entrepreneur must also act in accordance with the provisions of the Road Transport Act. All this so that he is aware of his rights, but also of his obligations.

Obligations of the carrier

A company transporting waste in Poland must first of all be registered in the BDO system. In the case of transporting waste subject to the SENT system, it is necessary to notify it in advance. It is also necessary to keep records of waste in a simplified form, use a Waste Transfer Note (KPO) and comply with ADR requirements for hazardous waste. This will allow you to avoid the - often severe - financial penalties.

Penalties for illegal transport

Failure to register or incorrect reports may result in penalties from several to tens of thousands of zlotys. In particularly serious cases, the fine may even reach one million zlotys. The haulier may also lose the right to practise his profession. In extreme cases, criminal liability is also possible.

Germany

Law basics

Waste transport in Germany are regulated by the provisions contained in the Kreislaufwirtschaftsgesetz (KrWG) - the Closed Circuit Economy Act. In addition, regulations are in place for the recording and supervision of waste transport. Importantly, there is no single permit that covers all types of waste. Permits are issued based on section 53 KrWG and section 54 KrWG. They are responsible for the carriage of neutral and hazardous waste respectively. Obtaining the individual permits varies in terms of the time of implementation and the degree of sophistication. While the first permit requires no special preparation, the transport of hazardous waste will require a great deal of work and time from the transport company. This is because a number of documents will have to be prepared, special training will have to be given and experience in transporting hazardous waste will have to be confirmed. And this is just the tip of the iceberg.

Obligations of the carrier

A company transporting waste in Germany must undergo a mandatory registration procedure. This requirement applies to both national and cross-border transports. Depending on the type of waste, additional documents are required (e.g. ADR certificates, certificates of completion of the training I mentioned above or proof of professional competence).

Penalties for illegal transport

Illegal waste transport in Germany carries administrative and financial penalties. Fines can reach up to EUR 100 000. In addition, it is possible for the permit to be revoked and for the company to be placed on a list of unreliable operators. The investment in obtaining a permit is an incomparably lower cost, but it is a guarantee that the permit document obtained will be legal and valid. We are aware of a case in which a group of drivers was stopped for an inspection at a car park near Berlin. The check showed that all of them had permits, but only the driver from a cooperating company had a valid and legal document. The others had false data in their documents, which resulted in heavy fines.

Italy

Law basics

In Italy, the legal basis is Decreto Legislativo n. 152/2006 and the regulations concerning the ANGA (Or Nazionale Gestori Ambientali) register. All companies wishing to transport waste in Italy must be listed in this register. As far as Polish hauliers are concerned, few of them have such a permit, as it is time-consuming and complicated to obtain. This is because it requires a representative in Italy and the preparation of documents in a specific (and costly) manner.

Obligations of the carrier

The company transporting the waste is obliged to obtain the appropriate entry in the registration system. The classification depends on the type of waste and the type of vehicle. The company must also have vehicles approved for waste transport.

At the moment, the RENTRI system set up last year, which is very similar to our native SENT, does not yet cover foreign companies. However, it is worth following media reports or keep in touch with us, because we have first-hand environmental information thanks to the cooperation with an Italian lawyer.

Penalties for illegal transport

Transporting waste without registration can result in a fine of up to EUR 26,000. In the case of transporting hazardous waste, the penalties are even higher, and the courts can also order the confiscation of the vehicle.

Netherlands

Law basics

In the Netherlands, the transport of waste is regulated by Environmental Management Act. All waste collectors, transporters, traders or brokers must be registered in the VIHB registration system.

Obligations of the carrier

To operate legally, a waste transport company must have a valid registration number. Registration requires the submission of company and vehicle details. Hauliers must also have insurance and comply with national waste classification guidelines. Although the aforementioned register is digital, mere presence in it will not be sufficient. The driver must have an official document from the authority during transport. This cannot be photocopied, as such a copy will have no legal validity. I am writing about this because many clients who approach us get this information from other drivers, and it is false. In the Netherlands, a paper proof of entitlement to transport waste is always needed.

Penalties for illegal transport

Failure to have a registration number and the required document will result in an operating ban and fines of at least several thousand euros. The haulier may also be permanently excluded from the market. In 2010, the Dutch authorities imposed a record fine of €1 million for illegally transporting 400 tonnes of toxic hazardous waste. The case was widely reported in the media due to the high harmfulness of the substance, with reports of fatalities and tens of thousands of people suffering health problems. While the case cited is an extreme, every case of unlicensed waste transport should be publicised and its potential consequences clearly communicated and condemned.

Sweden

Law basics

In Sweden, the legal basis is Environmental Code (Miljöbalken) and implementing acts. Waste transport is also supervised by the Swedish Environmental Agency.

Obligations of the carrier

The company transporting the waste must obtain a national waste transport permit. It is also necessary to ensure compliance with ADR rules when transporting hazardous waste. The financial situation of the company must be presented so that the authority can assess whether it will be able to cope with the challenges of transporting waste in this country. Environmental insurance will also be helpful.

Penalties for illegal transport

In accordance with Chapter 29, Section 4a of the Swedish Environmental Code, transporting waste without the required permit is an offence punishable by a fine or imprisonment of up to two years. The amount of the penalty depends on the degree of seriousness of the act. In assessing whether an offence is to be regarded as serious, account is taken, inter alia, of whether the act was systematic and long-lasting, took place on a large scale or caused (or was likely to cause) significant damage to the environment. If the act is classified as extremely harmful, the court may impose a custodial sentence of between 6 months and 6 years.

EU legal changes: a new regulatory order

In May 2024, the European Parliament adopted the new Regulation (EU) 2024/1157 on waste shipments, which replaced the previous Regulation 1013/2006. The change was aimed at simplifying and harmonising the rules and reducing illegal exports of waste outside the EU. Among other things, the new regulation introduces mandatory full digitisation of documentation, shorter processing times for notifications and increased administrative responsibility for waste transporters. Importantly, it also tightens supervision of hazardous waste shipments and imposes new monitoring requirements for cross-border shipments.

The revised legislation applies in all Member States. Therefore, a company transporting waste, irrespective of its location, must keep abreast of the changes and adapt its operations to the applicable requirements.

The business of transporting waste in Europe will therefore require a sound knowledge of the law and compliance with local and EU regulations. Each country has distinct procedures, registers and formal requirements, but one thing is certain - a waste transport company that wants to operate legally and safely must continuously invest in knowledge, adapt procedures and monitor regulatory changes. Otherwise, it risks serious legal and financial consequences.