Combatting waste crime

Shipments to or from third countries
Exports of waste from the EU to third-countries and for the purpose of the disposal of such waste are prohibited, except to EFTA countries which are also parties to the Basel Convention and which do not prevent such imports (Article 34). Exports of waste destined for recovery are generally possible if the concerned waste is on the “green list”, and subject to prior consultation with the country of destination (Article 37).

Exports of hazardous wastes on the “red” and “orange” lists destined to be recovered are prohibited, especially to countries which do not apply the OECD Decision C(2001)107/Final on control of transboundary movements of waste intended for the recovery operation. Exports to countries which do apply this OECD Decision are possible for particular wastes on the “green” and “orange” lists (Article 36). Exports of waste to the Antarctic are prohibited (Article 39), as well as to overseas countries or territories, with some derogations in the case of recovery (Article 40).

Imports in the EU of waste destined for disposal are possible within a conventional framework as well as where, during situations of crisis, peace-making, peacekeeping or war, no bilateral agreements or arrangements can be concluded or where a competent authority in the country of dispatch either has not been designated or is unable to act (Article 41). By contrast, in addition to these specific situations, the import of waste for recovery is possible as well if it is imported from countries to which the above-mentioned OECD Decision applies (Article 43). The rules applicable to transfers within the EU apply mutatis mutandis (Article 42 and Article 44).

The most relevant interventions at the EU level has been the Waste Shipment Regulation - Regulation (EC) No 1013/2006 on shipments of waste (WSR) which primarily aims at making the EU law system of control and supervision of cross-border transfers of waste compliant with the Basel Convention. It outlines the common legal framework for transboundary waste management among the EU Member States and third countries. To that end, the WSR establishes procedures and control regimes for the shipment of waste, depending on criteria based fundamentally on the type of waste shipped, the exporting State and the type of treatment to be applied to the waste at its destination, whether it is to be disposed of or recovered. Under the WSR, the Member States are permitted to adopt measures restricting shipments of particular waste between the Member States by way of implementation of the principles of proximity, priority for recovery and self-sufficiency (see C-292/12, Ragn-Sells, as regards mixed municipal waste).