Waste transport across Europe – what should the contract look like?

The transport of waste across Europe requires the carrier to hold the appropriate authorisations, and the entity organising the shipment of waste to enter into the contract required by Article 18 of Regulation (EU) 2024/1157. What should such a contract look like? What elements must it contain, and which ones are worth including to better safeguard the interests of the parties? In this article, we explain the key principles and provide a free contract template that you can use as a starting point and adapt to the specific nature of your business.

Waste shipments across Europe after 21 May 2026 – the key changes

On 21 May 2026, Regulation (EU) 2024/1157 came into force, replacing the previous legislation on the transboundary shipment of waste.

The new regulations have introduced a number of changes. Some of them came into force immediately, whilst others will be implemented gradually over the coming months and years. One of the most important elements of the reform is also the launch of DIWASS system, which is set to fully digitise the waste shipment notification process in the future.

However, this does not mean that all the obligations on businesses relate exclusively to electronic systems.

Quite the opposite.

The transport of waste across Europe still requires the relevant documentation to be prepared. This applies to hauliers, waste shipment organisers, consignees and recovery facilities alike.

One of the obligations that is far too rarely mentioned is the requirement to conclude a contract in accordance with Article 18 of Regulation (EU) 2024/1157.

Although this obligation is not new, many businesses still do not have such a document. This is often due to a lack of knowledge or the belief that Annex VII alone is sufficient.

That’s a mistake.

Annex VII and the agreement referred to in Article 18 serve entirely different purposes.

Annex VII is a document that accompanies the international shipment of waste and contains information relating to a specific shipment.

The contract, on the other hand, sets out the parties’ mutual obligations. It specifies responsibility for waste and the procedure to be followed in situations where transport is not carried out in accordance with the regulations.

Importantly, the relevant authorities may request to see such a contract during an inspection.

That is why it is worth preparing it well in advance, rather than waiting until the first problems arise.

Why is the agreement under Article 18 so important?

At first glance, it might seem as though this is just another document required purely by law.

In practice, however, it serves a much more important function.

A well-drafted contract protects all parties involved in the cross-border shipment of waste.

First and foremost, it clearly sets out who is responsible for each task. This ensures that, should any problems arise, there is no situation where each party claims that the responsibility lies with someone else.

This is particularly important in the case of international transport.

These operations often involve several parties from different countries. The transport organiser is based in one country, the carrier in another, the consignee in a third, and the recovery facility in yet another.

The more participants there are, the greater the risk of misunderstandings.

The contract makes it possible to significantly reduce this risk.

At the same time, it safeguards the interests of business owners in situations which, unfortunately, occur more frequently than one might think.

For example:

Each of these situations incurs costs.

These may include return transport, the storage of waste, its recovery, disposal, and even expenses incurred by the competent administrative authorities.

If the parties set out their obligations in advance, it will be much easier to agree on a course of action and avoid protracted disputes.

It is therefore worth treating this agreement not as a mere formality, but as a tool for mitigating the risks associated with running a business.

What should you include in the contract to better protect your business?

Regulation (EU) 2024/1157 sets out only the minimum requirements for a contract. In practice, however, such a document is rarely sufficient, particularly where waste is transported regularly across Europe and involves several countries.

A well-drafted contract does more than simply comply with the requirements of the legislation. It should also minimise the risk of misunderstandings between the parties and set out how to proceed in situations not covered in detail by the regulation.

Below are some clauses worth considering when drawing up your own contract.

Accurate identification of waste types

It is worth specifying which types of waste this collaboration covers.

Examples include:

This will ensure that neither party is in any doubt as to whether a particular consignment of waste is covered by the contract.

The obligation to hold the necessary licences

Although this may seem obvious, it is worth noting that each party undertakes to hold all the required administrative decisions for the entire duration of the contract.

This applies, amongst other things, to:

If one of the parties loses the required authorisation, it should inform the other participants of this without delay.

Rules on the submission of documents

In practice, many problems arise from delays in the submission of documents.

It is therefore worth establishing:

A few simple measures can prevent a lot of unnecessary downtime.

The obligation to report problems immediately

If unforeseen circumstances arise during transport, time is of the essence.

It is therefore advisable to require the parties to provide immediate notification of:

The sooner the information reaches all those involved in the transport process, the greater the chance of reducing costs.

List of contact persons

It’s a small detail that often proves to be extremely helpful.

It is worth noting that:

When it comes to the international transport of waste, prompt communication is key.

Determination of the language to be used in the event of a discrepancy

If the contract is drawn up in two language versions, it is advisable to specify which version will take precedence in the event of any differences in interpretation.

This is a standard clause in international contracts, which can prevent many disputes.

Data protection and confidentiality

During their collaboration, the parties frequently exchange documents containing commercial data, customer information or details regarding shipments.

A brief confidentiality clause enhances security for both parties.

Changes to the regulations

The regulations governing the transport of waste change relatively frequently.

It is therefore worth ensuring that the contract can be adapted to new legal requirements without having to draw up an entirely new document.

Dispute resolution

It is worth establishing:

Such provisions may significantly shorten the duration of any proceedings.

Does every company need the same contract?

No.

This is a very important issue.

A company that organises just a few shipments a year will have completely different needs to a company that commissions several hundred international waste shipments every month.

The same will apply to brokers, dealers, waste producers and recovery facilities.

It is therefore worth treating the ready-made template as a starting point, rather than a document whose content should be copied verbatim.

A well-drafted contract should set out the terms of cooperation between the parties and take into account the specific nature of the business being conducted.

Download a free contract template

There is no need to draw up such a contract from scratch.

We have prepared a sample template in Polish and English, in accordance with the requirements of Regulation (EU) 2024/1157, which you can download free of charge and adapt to your company’s needs.