EU Waste Shipment Regulation

About

The EU Waste Shipment Regulation includes, amongst others, two key types of control mechanisms:

• Rules on notification and prior written consent, which entails that exporters must notify relevant authorities (the Norwegian Environment Agency in Norway) before shipping waste for disposal and before shipping specified categories of waste for recovery, and all competent authorities involved (including the receiving country) must grant prior written consent (PIC) for the import; and
• Enforcement rules on the prohibition of exportation of 'hazardous waste' from EU/EEA Member States to non-OECD countries which entail that penalties and sanctions may be imposed in the case of non-compliance.

In addition to the prohibition against exportation to non-OECD countries, the EU Waste Shipment Regulation sets out provisions relating to the procedure of transporting waste between EU/EEA countries. The specific procedure will depend on the country of exportation and importation as well as the classification of the waste and the purpose of the transportation (disposal/recycling etc.)

For OECD-countries outside the EU, the procedural framework is very similar to the framework that applies between EU Member States. For non-OECD countries, the export of certain non-hazardous waste is allowed, but there are notable exceptions. For example, the export of e-waste is banned, and export of plastic waste is now subject to the prior informed consent (PIC) approval. From November 2026, the export of plastic waste will be completely banned for 2.5 years.

EU-flagged ships covered by the EU Ship Recycling Regulation were excluded from the scope of the previous EU Waste Shipment Regulation. However, it is important to note that in the new EU Waste Shipment Regulation, it is prohibited to export any ships that are considered hazardous waste from the jurisdiction of EU Member States for recovery in non-OECD countries. For EU-flagged ships, this currently has little relevance because these ships may only be recycled in yards on the European List, and there are no yards in non-OECD countries on the list. However, for non-EU flagged vessels, the flag or ownership of the vessel is of no relevance, and the EU Waste Shipment Regulation will apply if the ship is considered hazardous waste and is exported from an EU Member State to be scrapped in a non-OECD country. For vessels being exported from Norway, the Norwegian Waste Shipment Regulation applies.

This development has been criticised by shipowner organisations, which argue that it creates legal uncertainty and may limit the use of non-OECD recycling yards even where those yards could meet the EU Ship Recycling Regulation standards in the future.

The main changes introduced by the new EU Waste Shipment Regulation include:

• Stricter Controls on Waste Exports: The new EU Waste Shipment Regulation imposes tighter restrictions on the export of non-hazardous waste for recovery in non-OECD countries. From 21 May 2027, non-OECD countries must inform the European Commission that they are willing to import the waste and demonstrate that they can manage the waste sustainably before being allowed to import it. The first list of approved non-OECD countries is expected in November 2026. Exports of non-hazardous waste for recovery in non-OECD countries not on this list will be prohibited.
• Audits: From 21 May 2027, EU notifiers or persons arranging shipments of waste exported from the EU will be required to ensure that a third-party independent audit of the facilities handling their waste to ensure environmentally sound management has been completed.
• Ban on Export of Plastic Waste: Exports of plastic waste to non-OECD countries will be prohibited from 21 November 2026. After 2.5 years, such countries may request authorisation subject to the Regulation’s conditions
• Digitalization of Procedures: In May 2026, the Digital Waste Shipment System (Diwass) electronic platform was launched. Diwass must be used for the electronic submission, exchange and availability of information and documents required under the Waste Shipment Regulation, including prior notification and consent documentation for notifiable shipments, movement documents, and information for green-listed waste shipments subject to general information requirements.
• Stronger Enforcement Against Waste Trafficking: The EU Waste Shipment Regulation also introduces measures to combat illegal waste trafficking. This includes enhanced cooperation between EU Member States and stricter penalties for those involved in illicit waste trade.

The new EU Waste Shipment Regulation will eventually be incorporated into Norwegian law. However, as of May 2026, the Norwegian Environment Agency has announced that there is a delay in implementation of the EU Waste Shipment Regulation to the EEA Agreement. It is therefore not clear when the Norwegian Waste Shipment Regulation will be amended, and Thommessen is monitoring developments in this respect.

Who does it impact?

EU/EEA states and parties involved in the shipment of hazardous waste, depending on the geographical location of the waste.

Relation to other initiatives and regulations

The EU Waste Shipment Regulation is replacing the previous Regulation (EC) No 1013/2006,and implements the Basel Convention, including the Basel Ban Amendment.

The old EU Waste Shipment Regulation has been implemented into Norwegian law by way of chapter 13 of the Norwegian Waste Regulation, which entered into force on 1 January 2015. The new EU Waste Shipment Regulation has not yet been implemented into Norwegian law.

Participants

Applicable to EU/EEA States.

Relevant documents