On 14 June 2006, the European Parliament and the Council approved the Regulation on shipment of waste (Regulation 1013/2006/EEG).
The import and export of waste is governed internationally by the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their disposal. The European Community is a party to this Convention and incorporated it in 1993 in the Regulation (259/93/EEG) of the Council, the so-called Regulation on European Shipment of Waste (RSW-001). This Regulation was valid as from May 1994 and aimed at supervising and controlling the waste movements in order to take into account the need to preserve, protect and improve the environmental quality.
The Regulation was based on the guiding principles of the Community Waste Management Strategy (i.e. prevention, helpful application and definitive separation) and contained a set of norms according to which the Community as a whole should allow its own waste removal. These norms also refer to the necessity of individual Member States to take into account the geographical circumstances and the possible need for specialised installations for certain types of waste.
In the meantime, the Regulation on the supervision and control of shipment of waste (259/93/EEG) was amended in 1993. The new Regulation (1013/2006/EEG) was published on 16 July 2006 and was valid as from 12 July 2007. In 2006 and 2008, there were two modifications (RSW-003). Both procedural and substantive changes occurred with the introduction of the new EVOA. The main changes are:
- Two lists of waste instead of three: the new Regulation has a green and an orange list (respectively one list of waste that has to be supplemented with certain information and a list of waste for which the procedure of prior written notification and permission applies).
- Compulsory form for the shipment of waste from the green list: the possibility to use a free transport scheme expires.
- Introduction of a new notification: the duty to inform is now compulsory for the shipment of more than 20kg waste mentioned on the green list. As concerns waste from the orange list, the duty of information is only compulsory when transport is organised with a written authorisation.
- For transport to non-OECD countries, the Land Regulation (1418/2007, 29 November 2007) applies. In that Regulation, it is stated which countries wish to receive waste from the green list and whether notificationi is compulsory or not.
- In the future there will be a list of mixed waste that can be considered as green waste.
Some relevant documents:
RSW-003: Corrigendum of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (European Parliament and the Council)
RSW-002: Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (European Parliament and the Council)
RSW-001: Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (the Council)