There’s a deal! EU bans export of waste plastics to non-OECD countries

In order to reduce the transport of problematic waste outside the EU, on November 17, the European Council and the European Parliament reached a provisional political agreement to amend the Waste Transport Regulation.

Strict control over the import and export of waste plastics

Only a third of Europe’s plastic waste is recycled, and half of the waste plastic collected for recycling is exported to countries outside the EU.

According to data released by Eurostat, the EU exported more than 1.1 million tons of waste plastics to non-EU countries and regions in 2022, most of which went to Turkey, Malaysia and Indonesia.

“The EU will ultimately take responsibility by banning the export of waste plastics to non-OECD countries,” EU Parliament rapporteur Pernille Weiss said. “We are once again guided by our vision that waste is a resource when properly managed but should under no circumstances cause harm to the environment or human health.”

Under the agreement, EU countries will not be able to export waste plastics to non-OECD countries. Non-OECD countries that meet strict waste management standards can submit a request to the Commission five years after the regulations come into force to express their willingness to import EU waste plastics. If the evaluation of such applications reaches a positive result, the Commission will adopt an enabling act to lift the ban on these countries.

The European Parliament said that EU countries must stop shipping waste plastics to poorer countries within two and a half years after the legislation takes effect, and regulations on the export of waste plastics to OECD countries will also be tightened.

The agreement allows the export of non-hazardous waste plastics to OECD countries, subject to prior informed consent (PIC) procedures. The agreement requires the Commission to strictly monitor the export of waste plastics to OECD countries to ensure that such exports do not have a significant impact on the environment or human health and that the waste is properly managed in these countries.

Background

Currently, the agreement still needs to be formally approved by the European Council and the European Parliament before it can take effect. Once formally adopted, it will take effect on the 20th day after the official gazette is published.

The Waste Transport Regulation implements the provisions of the Basel Convention and the OECD’s incorporation of relevant decisions into EU law. The Regulation covers the export and import of waste from the EU to third countries, as well as the transport of hazardous and non-hazardous waste between EU member states. Specifically prohibiting the export of hazardous waste from OECD and EU countries to non-EU and non-OECD countries, the regulations also provide for notification and consent procedures for waste shipments.

However, since the adoption of the Regulation in 2006, EU waste exports to third countries have increased significantly, especially to non-OECD countries. These countries suffer from poor enforcement and environmental and public health challenges due to a lack of detailed regulations to ensure sustainable waste management in destination countries.

The European Commission adopted a proposal to update the waste transport regulations on November 17, 2021. The EU Parliament voted in January 2023 to adopt a proposal to impose stricter controls on waste transportation and ban the export of waste plastics to non-OECD countries, and the EU Council adopted intra-EU negotiations in March.

There were also different voices at the time.

The “Political” news network analyzed that the European Union has vowed to reduce the dumping of waste to other regions, but it is difficult to achieve it. Due to the lack of traceability and transparency in the global waste trade, a lot of waste is illegally exported to countries such as Myanmar, causing serious pollution locally.

Some U.S. industry groups said the move would restrict the free trade of goods flowing to the legal recycling market. “Adding restrictions on trade in responsibly recycled materials poses significant risks to already strained supply chains and the achievement of sustainable development goals.”

Tom Bird, Chairman, Bureau of International Recycling (BIR)
“These regulations represent a thinly veiled form of ‘backdoor protectionism’ that puts the industry at risk and severely disrupts the global circular economy,” it said at the time.

Some companies are worried that the EU will adopt a very narrow definition, which may mean that even recycled pellets may be banned from export. “This will completely disrupt the current flow of the circular economy.”