EXPERT OPINIONS
Key legislation on transboundary waste shipments in Europe
Expert on legal interpretation and regulation in international waste transport
Maja Koszyńska
"The law is not an obstacle - it is a tool to help you act effectively and safely" is the approach that Maja follows in her daily work.
The cross-border transport of waste in Europe is strictly regulated by a number of pieces of legislation aimed at protecting the environment and public health. Among these, Regulation (EU) 2024/1157 (which replaced Regulation (EC) No 1013/2006), the Basel Convention, the ADR Agreement are key. Each of these documents plays an important role in regulating the transport of different types of waste, including hazardous, chemical and radioactive waste.
The most important provisions in cross-border waste shipments
Regulation (EU) 2024/1157
History and purpose
Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024. was introduced to improve and tighten controls on transboundary movements of waste. It replaced the previous Regulation (EC) No 1013/2006. It introduces stricter rules for the export of waste outside the European Union and promotes the recycling and recovery of waste within the Community.
Key provisions
- In particular, the regulation introduces a total ban on exports of hazardous waste and certain waste for disposal to non-OECD countries.
- Companies planning to export waste must audit waste reception facilities in third countries. This is all to ensure that they meet EU environmental standards.
- The use of electronic systems for reporting and monitoring waste shipments has been made compulsory, with the aim of making processes more transparent and efficient.
Regulation (EC) No 1013/2006
History and significance
Regulation (EC) No 1013/2006 of 14 June 2006 has regulated transboundary shipments of waste in Europe for many years. Its aim was to ensure that waste shipments are carried out in a way that is safe for the environment and human health, in accordance with international standards.
Existing provisions on transboundary movements of waste
Despite the entry into force of Regulation (EU) 2024/1157, certain provisions of Regulation (EC) No 1013/2006 remain in force until certain dates:
- Until 21 May 2026: The rules for notifications (so-called notifications) and authorisations for the import, export and transit of waste remain unchanged.
- Until 21 May 2027: The procedures for exports of Annex III (so-called "green list") and IIIA waste to non-OECD countries continue to apply in accordance with Article 37 of the Regulation.
- Until 20 May 2029: Pre-authorisations issued on the basis of Article 14 of the Regulation shall remain valid.
These transitional periods are intended to allow Member States and companies to adapt to the new legal requirements.
Basel Convention - global control of transboundary movements of waste
History and significance
The Basel Convention was adopted on 22 March 1989, but did not enter into force until 5 May 1992. Its main objective is to protect human health and the environment from the adverse effects associated with the generation, movement and disposal of hazardous wastes.
The impetus for the adoption of the Convention came from cases of uncontrolled exports of toxic waste to developing countries. This was because they did not have adequate infrastructure to treat them. The Basel Convention aimed to stop this practice by introducing strict regulations on international waste shipments.
Key provisions of the Basel Convention
Control of transboundary movements of waste
- Shipments of waste between countries require the prior notification and consent of the countries concerned.
- All waste shipments must be documented and comply with international standards.
2. obligation to minimise waste generation
- States signatory to the Convention undertake to take measures to reduce the generation of hazardous waste and to dispose of it safely.
3. banning exports of waste to countries without adequate treatment systems
- The transport of hazardous waste to countries that do not have adequate infrastructure is prohibited.
- In 1995, the so-called Amendment from Ban, which completely bans the export of hazardous waste from developed countries (EU, OECD) to developing countries.
4 Cooperation and reporting obligations
- Countries must report regularly on the amount of waste transported and the treatment methods used.
- Signatories to the Convention are also obliged to cooperate in the development of technologies for the safe treatment of waste.
ADR agreement - transport of hazardous waste
History and significance
European Agreement concerning the international carriage of dangerous goods by road (ADR - Accord Dangereux Routier) was signed in 1957 in Geneva. Its regulations entered into force in 1968. this document is regularly updated. It is thus being adapted to the increasing safety requirements for the transport of hazardous substances, including waste.
The main purpose of ADR is to ensure the safe transport of materials that pose a risk to humans and the environment. This includes toxic, flammable, explosive, radioactive and corrosive waste.
Key provisions of ADR
- Wastes subject to ADR must be classified according to specific hazard classes (e.g. Class 6.1 - poisonous substances, Class 8 - corrosive substances).
- Each load must be properly packed and labelled according to ADR guidelines. This includes the use of special warning labels.
- Vehicles transporting hazardous waste must also meet special technical requirements and drivers must have a valid ADR licence.
- Each transport must be documented, including, among other things, waste data sheets and emergency instructions.
The ADR is the key document regulating the transport of hazardous waste in Europe. It is also an important supplement to EU regulations and the Basel Convention.
Regulations on shipments of radioactive waste - Euratom regulations
History and role of Euratom regulation
The transport of radioactive waste in Europe is subject to Community and international regulations, but also to Euratom regulations. The European Atomic Energy Community was established in 1957. Since then, it has established regulations for the safe handling of radioactive materials.
The main legislation governing the transport of radioactive waste includes:
- Council Directive 2011/70/Euratom - establishing a framework for the management of spent fuel and radioactive waste.
- Council Regulation (Euratom) 1493/93 - regulating the transport of radioactive material within the EU.
- Regulations of the International Atomic Energy Agency (IAEA) - including guidance on nuclear waste transport and safeguards against contamination.
Key principles for the transport of radioactive waste
- Any transport of radioactive waste requires special permits and notification to the relevant regulatory authorities.
- Waste should be transported in special containers resistant to mechanical damage and radiation.
- Each shipment is also monitored in real time and the consignee confirms the correct receipt of the cargo.
These regulations are clearly key to minimising the risk of environmental contamination and ensuring human safety.
Notes Maja Koszyńska, expert on European environmental law and advisor on waste transport permits
In my work, I have encountered many times a situation where a haulier has paid a high price for his mistakes in transporting waste. Unaware of his obligations, he took on a load that tempted him with a high price. The shipper assured him that he did not need any additional authorisations, so he set off. However, it later transpired that the transport ended for him before he even reached his destination. Stopped at a roadside check in Germany, he was unable to prove his right to transport waste and was hit hard in the pocket. When he turned to us for help, we first obtained a temporary permit for him and then a proper one, which enabled him to assert his rights before the German courts. Unfortunately, there are still a lot of situations like this, which is why it is so important to work with an experienced adviser who will clear up any doubts and help you obtain the necessary permits.
Impact of the legislation on businesses and next steps
How do I bring my business into line with current legislation?
Companies that are involved in the international transport of waste have to adapt their operations to a number of regulations. This therefore means:
- Keeping abreast of updates in the legislation, as the rules that apply to cross-border waste shipments change frequently and traders need to keep up to date.
- Adhering to notification procedures, because depending on the type of waste, different approvals and notifications will have to be obtained.
- Investing in technology that complies with regulations, such as GPS systems for transport monitoring, proper cargo labelling and specialised vehicles.
Key challenges for the industry
- It is important to remember that each type of waste requires a different handling path and often several different authorisations.
- Legislation, such as Regulation (EU) 2024/1157, seeks to reduce the export of waste outside the EU, forcing companies to invest more in recycling within the Community.
- Failure to comply with legal obligations can result in serious financial and administrative sanctions.
Provisions on transboundary waste shipments, such as Regulation (EU) 2024/1157, ADR, Basel Convention or Euratom regulations, lay down strict procedures for the transport of different types of waste.
Entrepreneurs must therefore keep abreast of changes in legislation and adapt their operations to legal requirements. In this way, they will avoid sanctions and ensure the safe and environmentally compliant transport of waste.
Does your company meet all the requirements for cross-border waste shipments? Now is the best time to verify this!