G/TBT/N/EU/893  
25 May 2022  
(22-4001) Page: 1/3 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  EUROPEAN UNION  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
European Commission  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
European Comm ission,  
EU-TBT Enquiry Point,  
Fax: +(32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa.eu  
Website: http://ec.europa.eu/growth/tools -databases/tbt/en/  
3. Notified under Article 2.9.2 [  ], 2.10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other  [X]: This notification is for tr ansparency purposes and does not prejudge the 
position of the European Union on the applicability of the TBT Agreement to the notified 
measures.  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provid ed in addition, where applicable):  Waste, as 
defined in Directive 2008/98/EC on waste.  
5. Title, number of pages and language(s) of the notified document:  Proposal for a 
Regulation of the European Parliament and of the Council on shipments of waste and 
amending Regulations (EU) No 1257/2013 and (EU) No 2020/1056 (COM(2021) 709 
final); (120 page(s), in English), (70 page(s), in English)  
6. Description of content:  This Proposal for a Regulation would replace the current 
Regulation (EC) 1013/2006 on shipmen ts of waste.  
This draft Regulation establishes procedures and control regimes for the shipment of 
waste, depending on the origin, destination and route of the shipment, the type of waste 
shipped and the type of treatment to be applied to the waste at its destination. It provides 
the procedural rules for shipping waste both within, through, from and to the Union.  
New approaches as compared to the current Regulation are proposed:  
• the shift to the exchange of procedural information and documentation via 
electronic means;  
• new rules that will require both economic operators and public authorities to verify 
that waste exported from the EU is treated in a sustainable manner in the 
countries of destination. Concretely, exports of EU non -hazardous waste to third  
non-OECD countries would only be allowed where these countries have indicated 
their willingness and ability to receive (certain) waste. Also, exporting companies G/TBT/N/EU/893  
 
- 2 - 
 
  would be obliged to ensure that the facilities in third countries where their waste 
is destin ed to, are independently audited to verify that the received waste will be 
managed in an environmentally sound manner. For exports to third countries that 
are members of the OECD, a monitoring mechanism and a safeguard measure 
are proposed to avoid that a surge in the export of waste from the EU creates 
environmental or public health problems in the countries of destination;  
• stronger enforcement of waste shipment rules, including an enhanced role for the 
EU's anti -fraud office (OLAF).  
7. Objective and rati onale, including the nature of urgent problems where 
applicable:  The export of waste can create serious environmental or public health 
challenges if it is not managed in an environmentally sound manner in the countries of 
destination.  
This draft Regulation  lays down measures to protect the environment and human health 
by preventing or reducing the adverse impacts which may result from the shipment of 
waste.  
These rules should also contribute to the facilitation of environmentally sound 
management of waste, in accordance with the waste hierarchy laid down in Article 4 of 
Directive 2008/98/EC of the European Parliament and of the Council, as well as to the 
reduction of overall impacts of resource use and to the improvement of the efficiency of 
such use, which is crucial for the transition to a circular economy; Protection of human 
health or safety; Protection of the environment  
8. Relevant documents:   
Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 
2006 on shipments of waste, OJ L 190, 12.7.2006, p. 1 –98  
https://eur -lex.europa.eu/legal -content/EN/AUTO/?uri=CELEX:02006R1013 -
20210111&qid=1639747463586  
Commission Staff Working Document – Impact Assessment Report accompanying the 
proposal (available only in English)  
Part 1: https://ec.europa.eu/environment/document/download/4fcb9eb1 -1202-4487-
8ae6-79f3d62f94bd_en  
Part 2: https://ec.europa.eu/environment/document/download/a1c9c476 -022f-46c0-
849a-09d0130dad22_en  
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 
2008 on waste and repealing certain Directives  
EUR-Lex - 32008L0098 - EN - EUR-Lex (europa.eu)  
9. Proposed date of adoption:  4th Quarter 2023  
Proposed date of entry into force:  The new Regulation will enter into force on the 
twentieth day following that of its publication in the Official Journal of the European Union 
and will apply 2 months after that.  
10. Final date for comments:  90 days from notification  G/TBT/N/EU/893  
 
- 3 - 
 
  11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
European Commission,  
EU-TBT Enquiry Point,  
Fax: + (32) 2 299 80 43,  
E-mail: grow-eu-tbt@ec.europa .eu 
The text is available on the EU -TBT Website : http://ec.europa.eu/growth/tools -
databases/tbt/en/  
https://members.wto.org/crnattachments/2022/TBT/EEC/22_3681_00_e.pdf  
https://members.wto.org/crnattachments/2022/TBT/EEC/22_3681_01_e.pdf