About the author:

Karina Grucka is a public affairs consultant who specialises in the EU extended producer responsibility, waste management and circular economy policies. As part of the Ohana team, Karina supports Europe’s most forward-thinking companies in developing successful and future-proof sustainability strategies.

 

Decoding the New EU Waste Shipment Regulation

After several delays, the EU Waste Shipment Regulation (WSR) revision was finally approved, entering into force in late May.

Despite the two-year window before they can start being enforced, the new rules included in this update represent a much-needed step towards more effectively addressing the local and global environmental impact of EU waste shipments.

The WSR should still be expanded via delegated acts but, as promised in our 2023 year end recap, I am here to offer you a detailed analysis of the Regulation’s most recent update, now that it has been published. The goal is to help organisations from all sectors in preparing for compliance, but this piece also includes specific insights for those wondering about the impacts of this new Regulation on the textile industry.

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Overview of the EU Waste Shipment Regulation

Although the WSR applies to a variety of industries, for the purposes of this article I will focus mainly on textiles.

As stated by the EU Commission, the Waste Shipment Regulation “aims to ensure that the EU does not export its waste challenges to third countries and contributes to environmentally sound management of waste.” By introducing a new set of rules for how waste is handled within the EU’s borders and beyond, the EU hopes to achieve three primary objectives:

1. Prevent illegal waste shipments, which are known to have severe environmental consequences.
2. Accelerate the transition into a circular economy by fostering the reduction, reuse, and recycling of waste.
3. Harmonise waste shipment procedures, to make cross-border waste management simpler and more efficient.

Under the Regulation, the responsibility for ensuring appropriate waste management lies with the waste producer, the notifier, and the entity arranging the shipment. Regardless of destination, these parties must guarantee that the waste is handled in a way that safeguards human health and the environment throughout its shipment, recovery, and disposal processes.

Scope of The WSR

The WSR will govern the transboundary movement of waste, in the following instances:

• Shipments within the EU: Includes shipments between Member States, with or without transit through third countries.
• Imports into the EU: Shipments of waste imported from third countries.
• Exports from the EU: Shipments of waste exported to third countries.
• Transit through the EU: Shipments of waste passing through the EU on their way to or from third countries.

Rules for Shipments Within the EU

The regulation establishes the following rules for how waste shipments must be handled within the EU’s borders:

Objective	General Rule	Exception
Disposal	Waste shipments for disposal are prohibited.	Possible if the notifier demonstrates that the waste cannot be disposed of in a technically feasible and economically viable manner within the EU.
Recovery	Waste shipments for recovery operations are generally permitted. *Textiles included.	If the type of waste is not listed in Annex III, IIIA, or IIIB, prior notification and consent (PIC) procedures apply.

 

The Prior Informed Consent (PIC) procedure within the WSR mandates that certain shipments receive consent from the relevant authorities in exporting, importing, and transit countries before proceeding. This process involves notifying authorities, securing their approval, and documenting the waste’s movement to prevent illegal shipments and manage waste responsibly.

The use of a general notification is possible if the waste in different shipments is similar, or if different types of waste are shipped to the same facility.

Rules for Shipments from the EU to Third Countries

As predicted in our initial assessment of the WSR revision, the final text does ban various forms of waste exports, with certain exceptions.

Objective	Destination	Rule	Exception	Conditions
Disposal	Non-OECD & OECD countries	Prohibited	Exception for EFTA nations: Iceland, Liechtenstein, Norway, and Switzerland.	N/A
Recovery	Non-OECD countries	Prohibited	Exception for the countries on the EU Commission’s pre-approved list.	– Prohibition of exports of hazardous & non-hazardous waste (Annex III). – Waste destined to a facility licensed under the domestic legislation of the country concerned to undertake recovery operations for that waste. – Authority of dispatch to ask authorities of transit in third countries if they wish to provide written consent to the planned shipment within an agreed period of time.
Recovery	OECD countries	Permitted	N/A	– Shall apply mutatis mutandis. – The notifier shall provide, annexed to the notification document, documentary evidence that an audit has been carried out in the facility to which waste is being exported.

 

The Commission’s List of Authorised Countries for Waste Exports

The WSR obligates the EU Commission to adopt a Delegated Act creating a list of non-OECD countries authorised to receive EU non-hazardous waste exports for recovery purposes. It will outline the countries approved for such exports, the types of non-hazardous waste permitted, and any specific control procedures to be implemented.

Within three months of the WSR’s entry into force, the Commission will contact all non-OECD countries with the necessary information about the possibility of being included in the list, and the list itself should be adopted 30 months after entry into force (i.e. 2026). The nations interested in joining the list will have 9 months from the Regulation’s entry into force date to submit their requests, but the document will be updated by the Commission every two years.

Understanding The Classification: Used Goods vs. Waste

A critical aspect of the WSR, is the criteria for distinguishing used goods from waste. This is especially relevant if we think about the environmental impact of the textile industry, and the amount of textile waste currently being shipped to the Global South.

According to Article 6 of Directive 2008/98/EC (End of Waste status), an object can be considered a used good, and not waste, if the following three minimum conditions are met:

1. Further use or reuse of the object or substance is certain;
2. The object or substance can fulfil its intended function without significant pre-processing;
3. Where relevant, the object or substance is tested to ensure its full functionality.

In Case of Doubt

If authorities cannot agree on the classification, the object or substance will be treated as waste for shipment purposes. However, the EU will likely try to minimise the instances where the lack of clear criteria leads to goods being labelled as wasted.

The updated text mentions that the EU Commission may adopt implementing acts to establish detailed criteria for the classification of specific substances or objects. These acts will target product/waste categories, such as textiles, for which the distinction between used goods and waste is of particular importance in the context of EU waste exports.

Implications for Textiles

The WSR includes specific procedures for waste shipments across the EU, which will impact several sectors, including the textile industry. Here are some of the requirements to be met when shipping textile waste within the bloc’s borders:

• All undertakings involved must complete the relevant information contained in Annex VII and ensure that the information is electronically available, including during the time of the transport, to the other persons involved in the shipment and the competent authorities concerned;
• If actors outside the EU aren’t connected to the central system, documents may be sent by post or email;
• Translations must be provided when necessary;
• The EU Commission may adopt a delegated act to supplement the procedures contained in the WSR, and outline instructions on how to complement the document in Annex VII.

Requirements for Exporting Textile Waste From the EU

• The notifier or individual who arranges a shipment to export waste from the EU must ensure that the facilities which will handle it in the country of destination have been subject to an audit;
• Audits must be independent and conducted by a third party entity;
• The notifier is responsible for verifying that the third party entity complies with the requirements outlined in Part A of Annex X, and has been authorised or accredited by a national official body to perform the audit;
• Audits must be physical and documentary checks, and cannot be older than two years.

As discussed in our interview with repair specialist firm Compreli, higher shipment and management standards are certainly extremely relevant to tackling the pressing issue of textile waste. However, the key to a tangible green shift within the textile industry does actually lie in boosting repair rates, and preventing garments from being discarded in the first place.

Enforcing the New Rules: Inspections and Cooperation

Inspections are a vital part of ensuring that any new legislation will produce tangible results, and it is no different with the WSR. The text naturally leaves much of the responsibility of enforcing the new rules in the hands of Member States, which must establish penalties for non-compliance, and be closely involved in inspections. EU nations are also required to share information and cooperate with each other and the Commission, to ensure effective enforcement at every level.

According to the revision, shipment inspections must be conducted in at least one of the following points:

Inspection Points	Involved Parties
Point of Origin	Waste producer, collector, notifier
Point of Destination	Consignee, recovery/disposal facility
Union Borders	Border authorities
During Shipment	Transporters and intermediate handlers

 

Timeline for Transitional Provisions

Despite the revised Waste Shipment Regulation having entered into force on 21 May 2024, its new requirements will only begin to apply 24 months after that date, meaning in Q2 2026. Until then, the current rules remain valid.

The only exception is the prohibition on the export of non-hazardous waste to non-OECD countries, which will take 36 months to start applying, and should be enforced from Q2 2027.

Additionally, a new revision of the regulation is already scheduled to happen by 31 December 2035, to ensure that the legislation will remain relevant.

How EU Companies Can Prepare

Local and global organisations looking to remain competitive in the face of the EU’s legislative changes must adopt a proactive attitude, and begin the work long before the established deadlines. So here are some of my key recommendations to help you prepare for the WSR’s new requirements:

• Companies should familiarise themselves with Annex VII and maintain comprehensive data records, since providing all necessary documentation for both intra-EU and extra-EU shipments can be a complex but critical process.
• Those exporting waste to non-OECD countries must inform the authorities in these countries to apply for inclusion in the EU’s pre-approved list for waste recovery, ensuring the smooth continuation of waste exports under the new regulations.
• Businesses should closely monitor the development of related secondary policies, as well as understand the connection between the WSR, the Waste Framework Directive and other EU proposals, such as End-of-waste criteria to define a clear pathway towards compliance.

In addition to Ohana’s blog, you can follow the Commission’s own waste shipment updates page, but most of all, my recommendation for EU companies is to work on developing a solid and overarching sustainability strategy.

 

Want someone with deep experience and connections in the EU to help guide your sustainability strategy? Get in touch!

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