New EU wastes shipment rules in force
New EU waste shipment legislation came into force last week. The new regulation on transboundary shipments of waste aims to ensure that waste is properly handled from the time it is shipped to the time it is disposed of or recovered at destination. To achieve its objectives the regulation reinforces and clarifies the current legal framework for waste shipment within the EU and with non-EU countries. The regulation – which was adopted last year but applies only as of 12 July 2007 – also bans the export of hazardous waste or waste for disposal to certain countries. Environment Commissioner Stavros Dimas said: “The safe shipment of waste is one of the Commission's highest environmental priorities. We must make sure that tragic accidents such as last year's dumping of dangerous waste in the Ivory Coast never happen again. This is why we must have strong and efficient measures at EU level to prevent illegal shipments of waste and to ensure that when waste is shipped for treatment outside the EU , this treatment does not damage the environment." According to the European Commission the new regulation builds on and replaces the 1993 waste shipment regulation by providing a clearer and simplified legal framework. The regulation provides for greater enforcement measures. It requires member states to carry out inspections and spot checks. It also allows for physical checks of shipments - such as the opening of containers - to be carried out, and obliges member states to report to the Commission on their legislation and penalties on illegal waste shipments.
The regulation is based on the commitments undertaken by the European Union within the context of the Basel Convention and the OECD Decision on the transboundary movements of waste. However, the EU regulation goes further and includes provisions on the shipment of waste between Member States. The regulation provides the basis for the type of requirements shipments must comply with and the type of information that must accompany such shipments. Green waste, for example, is subject to less stringent information requirements than hazardous waste or waste for disposal within the EU.