Strict control over import and export of waste plastics
Only one third of waste plastics are recycled in Europe, and half of the waste plastics collected for recycling are exported outside the EU.
According to data published by Eurostat, the EU exported more than 1.1 million tons of waste plastics to non-EU countries and territories in 2022, most of which went to Turkey, Malaysia and Indonesia.
"The EU will finally take responsibility by banning the export of waste plastics to non-OECD countries," said EU Parliament rapporteur Peniel Wise." Once again, we are guided by our vision that waste is a resource when properly managed, but under no circumstances should it cause damage to the environment or human health."
Under the agreement, EU countries will not be able to export waste plastics to non-OECD (OECD) countries. Non-OECD countries can submit a request to the Commission five years after the entry into force of the regulation indicating their willingness to import EU plastics scrap if they meet strict waste management criteria.
In the event of a positive outcome of the evaluation of such applications, the Committee will adopt an enabling act to lift the ban on these countries.
The EU Parliament said EU countries must stop shipping waste plastics to poorer countries within two and a half years of the legislation coming into force, and rules on exporting waste plastics to OECD countries will also be tightened.
The agreement allows for the export of non-hazardous waste plastics to OECD countries, subject to the prior informed consent (PIC) procedure. The agreement requires the Commission to strictly monitor exports of plastics scrap 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 those countries.
Contexts
Currently, the agreement still needs to be formally approved by the Council of the European Union and the EU Parliament before it can enter into force, and once formally adopted, it will enter into force on the 20th day after its publication in the Official Journal.
The Shipment of Waste Regulation implements the provisions of the Basel Convention as well as the provisions of the OECD incorporating relevant decisions into EU law. The Regulation covers the export and import of waste from the EU to third countries and the transportation of hazardous and non-hazardous waste between EU member States. In particular, the export of hazardous wastes from OECD and EU countries to non-EU and non-OECD countries is prohibited, and the Regulation also provides for notification and consent procedures for shipments of waste.
However, since the adoption of the regulation in 2006, there has been a significant increase in EU waste exports to third countries, particularly to non-OECD countries. The lack of detailed provisions to ensure sustainable waste management in destination countries has led to weak enforcement and environmental and public health challenges in those countries.
The European Commission adopted on November 17, 2021 a proposal to update the waste shipments regulation. The EU Parliament voted in January 2023 to adopt proposals for stricter controls on waste shipments and a ban on the export of waste plastics to non-OECD countries, and the Council of the EU adopted intra-EU inter-country negotiations in March.
There were also different voices at the time.
"According to an analysis by Politico, the European Union has vowed to reduce the dumping of waste in other regions, but this has been difficult to achieve. 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 there.
Some U.S. industry organizations say the move will limit free trade of goods flowing to legitimate recycling markets. "Increasing trade restrictions on responsibly recycled materials poses a significant risk to already strained supply chains and the achievement of sustainable development goals."
Tom Bird, President of the Bureau of International Recycling (BIR), said at the time, "These regulations represent a barely disguised form of 'backdoor protectionism' that puts the industry at risk and seriously disrupts the global circular economy."
Some businesses are concerned that the EU will adopt a very narrow definition, which could mean that even recycled pellets could be banned from export. "This would completely disrupt the current flow of the circular economy."
