The EU Waste Shipment Regulations (EC) No. 1013/2006, were adopted last year but only came into effect today.
The Regulations affect trade in recyclables, primarily metals, paper and plastics.
From 12 July, businesses exporting recyclable waste will have to check that the country they are exporting to is happy to receive the waste and if so, might have to provide pre-notification and other paperwork.
Businesses now need to check if the waste they are planning to export from the UK is:
- prohibited- it is not allowed to move any prohibited waste outside of the EU for disposal, or export hazardous waste to developing countries, even if moving for recovery
- notifiable- hazardous or commingled materials destined for recycling have to be pre-notified to the relevant authorities in all concerned countries and prior written permission obtained before the waste is moved
- green list- proposed shipments of fully-sorted recyclable materials do not need to be pre-notified and do not need prior permission, but do need accompanying paperwork to identify contents and contract requirements.
The new rules have major implications on the metals sector, in particular those that are involved in the export of scrap to developing countries. One issue is that a number of countries have not yet confirmed what waste they will accept after 12 July, leading to uncertainties within the market.
Another key issue of concern is that a new shipping form (Annex VII) requires scrap merchants to reveal their suppliers, the destination, all points in between and all the carriers involved in the movement of their waste. Scrap merchants fear that revealing this confidential information would “kill their business” and potentially lead to a stockpiling of materials in ports. As a consequence there have been a number of ‘crisis’ meetings in recent days between industry representatives, the Environment Agency and DEFRA officials to discuss implementation and enforcement of the new Regulations.
What business should do
In the first instance, businesses should check if their particular waste stream is still allowed to go to the intended destination. The Environment Agency has published updated controls on export of green list waste to non-OECD countries, setting out which materials are currently green list, notifiable or prohibited in various countries, including China and India.
For further guidance on the updated Regulation follow the link to the Environment Agency pages.