COMMISSION STAFF WORKING DOCUMENT EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT Accompanying the 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
Date: 2021-11-17
Institutions: Directorate-General for Environment, European Commission
Subjects: EU Member State, cross-border transport, environmental protection, export (EU), import (EU), intra-EU transport, public health, transit, waste, waste management

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  EN 

   EUROPEAN COMMISSION  Brussels, 17.11.2021  SWD(2021) 332 final  COMMISSION STAFF WORKING DOCUMENT  EXECUTIVE SUMMARY OF THE IMPACT ASSESSMENT REPORT  Accompanying the 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} - {SEC(2021) 402 final} - {SWD(2021) 330 final} - {SWD(2021) 331 final}  
 
 
Problems 

The current rules in the Waste Shipment Regulation (WSR) cannot sufficiently ensure that 
waste shipped to other countries is treated in an environmentally sound manner and in line 
with the waste hierarchy. Three aspects of this problem were identified. 

1.  Intra-EU shipment procedures are burdensome and can cause delays that impose costs 

on waste operators while existing simplification tools are not widely used. 

2.  The current rules cannot guarantee that exported waste will be soundly managed in a 
way that addresses the same environmental and health impacts as would treatment in 
the  EU.  EU  reliance  on  waste  exports  makes  it  vulnerable  to  global  value  chain 
disruptions,  including  sudden  import  restrictions  and  dependencies  on  the  import  of 
secondary materials. 

3.  Non-comparable resources and insufficient coordination for enforcement lead to large 

amounts of waste being illegally shipped, within and beyond the EU. 

Objectives 

The  overall  objective  of  the  WSR  review  is  to  protect  the  environment  by  facilitating 
shipments  within  the  EU,  in  line  with  circular  economy  principles,  guaranteeing  that  waste 
shipped  outside  the  EU  is  managed  in  an  environmentally  sound  manner,  and  addressing 
illegal shipments of waste within and outside the EU. 

Options 

1.  Baseline - focus on supporting WSR implementation without legislative changes. 
2.  Targeted  changes  -  improve  WSR  implementation  through  targeted  amendments  to 

existing provisions. 

3.  Structural  changes  -  overhaul  of  the  WSR  with  simplified  rules  on  intra-EU  waste 
shipments,  new  mechanisms  for  the  export  of  waste,  and  new  provisions  to  address 
illegal shipments. 

4.  Far-reaching  changes  –  improve  the  WSR  through  targeted  amendments  to  existing 
provisions  and  envisaging  modernised  and  digitalised  procedures,  establish  a  new 
framework  to  ensure  sustainable  management  of  exported  waste,  and  strengthen 
enforcement. 

Preferred option 

The  preferred  option  is  option  4.  It  is  a  balanced  approach  in  terms  of  effectiveness 
(achievement  of  the  objectives)  and  cost-efficiency.  It  also  takes  into  account  the  EU’s 
international obligations, and proportionality. It will reduce the burden for intra-EU shipments 
of waste, and promote waste shipments destined for recycling. It meets the EU’s objective to 
stop  exporting  its  waste  problems  by  ensuring  exported  waste  is  treated  in  a  sustainable 
manner,  while  respecting  the  EU’s  international  legal  obligations.  Finally,  it  contributes  to 
better addressing illegal shipments of waste. This option does not result in excessive costs or 
major disruption of waste markets. The approaches included in option 4 are listed below by 
objective. 

Intra-EU shipments 

  Modernise  the  WSR  through  a  mandatory  shift  to  an  EU-wide  digital  exchange  of 

data. 

  Harmonise the implementation of existing procedures and obligations (pre-consented 

facilities, financial guarantees, classification of shipped waste). 

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  Align the WSR with the waste hierarchy and its preference for reuse and recycling. 

Export outside the EU 

  Establish  that  waste  can  only  be  exported  to  non-OECD  countries  that  demonstrate 

their ability to treat certain waste. 

  Ensure that exporting companies and countries verify that facilities properly treat this 

waste. 

Illegal shipments 

 
 

Increase the efficiency of Member State enforcement efforts, including penalties. 
Increase cooperation on inspection and investigations at national and EU levels. 

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