Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024 on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 (Text with EEA relevance)

Article 66

Waste shipment enforcement group

Section 3 Actions performed by the Commission

Article 67

General provisions

If the Commission decides not to act, it shall reply to the authority of the Member States or the persons who sent the complaint in a reasonable time, stating the reasons why they believe there is no sufficient suspicion, unless there are reasons of public interest, such as protecting the confidentiality of administrative or criminal proceedings, not to do so.

The Commission shall also provide the Member States with assistance in organising close and regular cooperation between their competent authorities pursuant to Article 71.

• (a) in judicial proceedings of a non-criminal nature before national courts and in administrative proceedings in the Member States;

• (b) in criminal proceedings in the Member State where their use proves necessary in the same way and under the same conditions as administrative reports drawn up by national administrative authorities and shall be subject to the same evaluation rules as those applicable to administrative reports drawn up by national administrative authorities and shall have the same evidentiary value as such reports;

• (c) in judicial proceedings before the Court of Justice of the European Union.

The power of the Court of Justice of the European Union and national courts and competent authorities to freely assess the evidential value of the reports drawn up by the Commission in accordance with paragraph 4 shall not be affected by this Regulation.

Article 68

Inspections by the Commission

The Commission shall give notice 15 days in advance of the object, purpose and legal basis of inspections to the permanent staff responsible for cooperation or the focal points referred to in Article 65(2) in the Member State concerned in whose territory the inspection is to be conducted, so that relevant authorities may provide the requisite assistance. To that end, officials of the relevant authorities of the Member State concerned shall be given opportunity to participate in the inspections. In urgent cases, if it is not possible to respect the 15 days’ notice, the Commission shall give notice at the first useful moment.

In addition, upon request of the relevant authorities of the Member State concerned, the inspections shall be carried out jointly by the Commission and the relevant authorities of that Member State.

• (a) have access to any premises, land and means of transport of the notifier, the person who arranges the shipment, the waste producer, the waste holder, the carrier, the consignee or the facility that receives the waste;

• (b) examine any relevant documents related to the subject-matter and purpose of the inspections, irrespective of the medium on which they are stored, and to take or obtain in any form copies of or extracts from such documents;

• (c) ask the notifier, the person who arranges the shipment, the waste producer, the waste holder, the carrier, the consignee or the facility that receives the waste for explanations on facts or documents relating to the subject-matter and purpose of the inspections and to record the answers;

• (d) take and record statements from the notifier, the person who arranges the shipment, the waste producer, the waste holder, the carrier, the consignee or the facility that receives the waste related to the subject-matter and purpose of the inspections;

• (e) physically check the waste and take samples of the waste for laboratory tests, where appropriate.

Article 69

Requests for information

The invitation to an interview shall be sent to the person in question with at least 10 working days’ notice. That notice period may be shortened with the express consent of the person concerned or on duly reasoned grounds of urgency of the inspection.

In the latter case, the notice period shall not be less than 24 hours. The invitation shall include a list of the rights of the person concerned, in particular the right to be assisted by a person of his or her choice.

Article 70

Procedural guarantees

• (a) the right not to make self-incriminating statements;

• (b) the right to be assisted by a person of choice;

• (c) the right to use any of the official languages of the Member State where the inspection takes place;

• (d) the right to comment on facts concerning them, once the inspection has been completed and before the adoption of a report pursuant to Article 67(4). The invitation to comment shall include a summary of the facts concerning the person in question and shall indicate an adequate time limit for submitting comments. In duly justified cases where necessary to preserve the confidentiality of the inspection or of an ongoing or future administrative or criminal investigation by a national authority, the Commission may decide to defer the invitation to comment;

• (e) the right to receive a copy of the record of interview and either approve it or add observations;

• (f) where the Commission has made judicial recommendations pursuant to Article 67(4), and without prejudice to the confidentiality rights of whistle-blowers and informants, and in accordance with the applicable confidentiality and data protection rules, the person in question may request the Commission to provide the report drawn up under Article 67(4) to the extent that it relates to that person. The Commission shall grant access only with the explicit consent of all recipients of the report.

The Commission shall seek evidence for and against the notifier, the person who arranges the shipment, the waste producer, the waste holder, the waste carrier, the consignee or the facility that receives the waste, and carry out inspections and request information objectively and impartially and in accordance with the principle of the presumption of innocence.

Article 71

Mutual assistance

For the purposes of applying this Regulation and without prejudice to Articles 64 and 65 of this Regulation, Regulation (EC) No 515/97, except for Article 2a, Articles 18a to 18e, Titles IV to VII, and the Annex, shall apply mutatis mutandis to the cooperation between the relevant authorities of the Member States and the Commission implementing the provisions in this section.

TITLE VIII FINAL PROVISIONS

Article 72

Format of communications

Where the provisions in Article 27 do not apply or where actors outside the Union are not connected to the central system referred to in Article 27(3), the relevant actors may submit and exchange information and documents referred to in this Regulation by post, fax, email with digital signature, email without digital signature followed by post or, where agreed between the actors concerned, by email without digital signature. In case of email with digital signature, any stamp or signature required shall be replaced by the digital signature.

Article 73

Reporting

In addition, the Commission shall address in that report the following elements:

• (a) trends in illegal shipments and best practices to tackle such shipments, taking into account recommendations made by the waste shipment enforcement group referred to in Article 66;

• (b) the efficiency of the procedure of prior written notification and consent laid down in Chapter 1 of Title II, and notably the related timelines, inter alia, by analysing elements such as the number of objections and consents, and the time between the submission of and a decision taken on a notification, based on data stored in the system referred to in Article 27;

• (c) contribution of this Regulation to climate neutrality, achieving circular economy and zero pollution, taking into account the reports and data published by relevant Union’s agencies.

The European Environment Agency shall support the Commission in the task of monitoring the implementation of this Regulation by, where appropriate, drawing up reports providing an analysis of the shipments of specific waste streams, and of their environmental impacts.

The report mentioned in the first subparagraph shall be drawn up for the first time by 31 December 2029 and every three years thereafter.

The report shall also provide information on the evolution of the capacity of waste operators in the Union to manage plastic waste generated in the Member States and imported into the Union in an environmentally sound manner.

The report shall also assess if the provisions on the shipments of waste between Member States have contributed to improving the management of plastic waste, especially looking at the classification of plastic waste under entry EU3011.

This report shall be accompanied, if appropriate, by a legislative proposal to amend this Regulation, which could include stricter conditions on the export of plastic waste to third countries, including export prohibitions.

Article 74

International cooperation

Member States, where appropriate and necessary in liaison with the Commission, shall cooperate with other Parties to the Basel Convention and inter-State organisations, inter alia, via the exchange or sharing of information, the promotion of environmentally sound technology and the development of appropriate codes of good practice.

Article 75

Designation of competent authorities

Member States shall designate the competent authority or authorities responsible for the implementation of this Regulation. Each Member State shall designate only one single competent authority of transit.

Article 76

Designation of correspondents

Member States and the Commission shall each designate one or more correspondents responsible for informing or advising persons or undertakings making enquiries relating to the implementation of this Regulation. The Commission correspondent shall forward to the correspondents of the Member States any questions put to him or her which concern the Member States, and vice versa.

Article 77

Designation of customs offices of entry and exit

Member States may designate specific customs offices of entry and exit for shipments of waste entering and leaving the Union. Where a Member State decides to designate such customs offices, no other border crossing points within that Member State shall be used for the purposes of shipments entering or leaving the Union.

Article 78

Notification of, and information regarding, designations

• (a) competent authorities, pursuant to Article 75;

• (b) correspondents, pursuant to Article 76;

• (c) where relevant, customs offices of entry and exit, pursuant to Article 77.

• (a) names;

• (b) postal addresses;

• (c) email addresses;

• (d) telephone numbers;

• (e) languages acceptable to the competent authorities.

Article 79

Amendment to Annexes I to X and XII

Article 80

Exercise of the delegation

Article 81

Committee procedure

Where the committee delivers no opinion, the Commission shall not adopt the draft implementing act and the third subparagraph of Article 5(4) of Regulation (EU) No 182/2011 shall apply.

Article 82

Amendment of Regulation (EU) No 1257/2013

Regulation (EU) No 1257/2013 is amended as follows:

• (1) in Article 3(2), the introductory wording is replaced by the following: ‘For the purposes of Article 6(2)(a), Article 7(2)(d) and Articles 13, 15 and 16,’;

• (2) in Article 6(2), point (a) is replaced by the following:
• ‘(a) are only recycled at ship recycling facilities that are included in the European List and, in the case of ships which are considered as hazardous waste, are located in an area under the national jurisdiction of a Member State and are exported from the Union, only at those facilities included in the European List which are located in countries listed in Annex VII to the Basel Convention.’.

Article 83

Amendment of Regulation (EU) 2020/1056

Regulation (EU) 2020/1056 is amended as follows:

• (1) in Article 2(1)(a), point (iv) is replaced by the following:
• ‘(iv) Article 9(2), 16(1) and Article 18(4) of Regulation (EU) 2024/1157 of the European Parliament and of the Council ([^E0015]); this Regulation is without prejudice to controls by customs offices provided for in relevant provisions of Union legal acts;

• (2) in Article 5, the following paragraph is inserted: ‘1a. By way of derogation from paragraph 1, competent authorities shall accept regulatory information, including additional information, pursuant to Regulation (EU) 2024/1157 as from 21 May 2026.’;

• (3) in Article 5, paragraph 2 is deleted;

• (4) in Article 7, the following paragraph is added: ‘4. By way of derogation from paragraph 3, elements referred to in paragraph 1 that are related to information requirements set out in the provisions referred to in point (iv) of Article 2(1)(a) shall be adopted no later than the date referred to in Article 27(5) of Regulation (EU) 2024/1157.’;

• (5) in Article 8, the following paragraph is added: ‘4. By way of derogation from paragraph 3, elements referred to in paragraph 1 that are specifically related to the accessing and processing by the authorities of regulatory information in relation to requirements set out in the provisions referred to in point (iv) of Article 2(1)(a), including the communication with the economic operators in relation to that information, shall be adopted no later than the date referred to in Article 27(5) of Regulation (EU) 2024/1157.’;

• (6) in Article 9, the following paragraph is added: ‘3. By way of derogation from paragraph 2, elements referred to in paragraph 1 that are specifically related to the processing of regulatory information in relation to requirements set out in the provisions referred to in point (iv) of Article 2(1)(a) shall be adopted no later than the date referred to in Article 27(5) of Regulation (EU) 2024/1157.’.

Article 84

Review

By 31 December 2035, the Commission shall, taking into account, inter alia, the reports drawn up in accordance with Article 73, and the review referred to in Article 62(5), carry out a review of this Regulation and submit a report on the results thereof to the European Parliament and to the Council, accompanied, if the Commission deems it appropriate, by a legislative proposal.

The Commission shall, during its review and as a part of its report, assess in particular:

• (a) the efficiency of the procedure of prior written notification and consent laid down in Chapter 1 of Title II, and notably the related timelines in Articles 8, 14, 15 and 16, inter alia, by analysing elements such as the number of objections and consents, and the time between the submission of and a decision taken on a notification. The Commission may use data stored in the systems referred to in Article 27 for this purpose;

• (b) if publishing data on the shipments of waste in accordance with Article 21 provides adequate transparency, in particular by analysing if and why names of the facilities at destination were considered as confidential due to Union and national legislation by competent authorities or persons who arrange the shipments;

• (c) if this Regulation sufficiently contributed to climate neutrality, achieving a circular economy and zero pollution, taking into account the reports and data published by relevant Union’s agencies.

The Commission shall, during its review and as a part of its report, assess in addition whether the principle of equality in Union law has been respected, evaluate in this context possible impacts on any Member State’s competitiveness, and take rectifying measures where deemed necessary.

Article 85

Repeal and transitional provisions

• (a) Article 30 that shall cease to apply from 20 May 2024;

• (b) Article 37 that shall continue to apply until 21 May 2027;

• (c) Article 51 that shall continue to apply until 31 December 2025.

Article 86

Entry into force and application

• (a) Article 83, points 4, 5 and 6, from 20 August 2020;

• (b) Articles 2(2) point (i), Articles 7(10), 11(5), 14(3), 15(6), 18(15), 27(2) and (5), 29(3) and (6), Article 31, 41 to 43, Article 45, 51(7), 61(7), Article 66, Articles 79 to 82 and Article 83, points 1 to 3, from 20 May 2024;

• (c) Article 39 point (1)(d) from 21 November 2026;

• (d) Articles 38(2) point (b), Article 40, Article 44(2) point (a), and Articles 46 and 47 from 21 May 2027, except for Article 40(3)(b) which shall apply from 21 May 2026;

• (e) Article 73 from 1 January 2026.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX IA

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ANNEX IB

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ANNEX IC

SPECIFIC INSTRUCTIONS FOR COMPLETING THE NOTIFICATION AND MOVEMENT DOCUMENTS

From 21 May 2026, documents and information must be submitted via electronic means in accordance with Article 27, as required in the relevant provisions in this Regulation.

In the cases of shipments involving third countries (as per Titles IV, V and VI), for which paper documents can be used, paper-based procedures remain valid insofar as no access to the systems referred to in Article 27 is possible.

Annex IC of Regulation (EC) No 1013/2006 can be consulted for general guidance on completing the notification and movement documents, in particular when completing documents in paper format where still relevant.

ANNEX II

INFORMATION AND DOCUMENTATION RELATED TO NOTIFICATION

Part 1: Information to be provided when submitting the notification document:

• 1. Serial number or other accepted identifier of the notification document and intended total number of shipments. In case the notifier has previously obtained consent(s) for the shipment of the same types of waste to the same facility, the serial number or other accepted identifier of notification document of these previously consented shipments may be referred to. For the purpose of application of Article 9(3), in case the notifier has previously obtained consent(s) for the shipment of the same types of waste from the same location in the country of dispatch to the same consignee and the same facility and whereby the countries of transit, if any, are the same, the notifier shall indicate the serial number or other accepted identifier of the notification document of these previously consented shipments. In addition, changes in the details of a new notification compared to such previously consented shipment shall be indicated in the notification.

• 1. Notifier’s name, address, telephone number, email address, registration number and contact person.

• 1. If the notifier is not the original waste producer or new waste producer or collector: Original waste producer’s (producers’) or new waste producer’s (producers’) or collectors or waste holders name, address, telephone number, email address and contact person.

• 1. Dealer’s (dealers’) or broker’s (brokers’) name, address, telephone number, email address and contact person, where the notifier has authorised him in accordance with Article 3, point (6).

• 1. Address of the location from which the shipment starts, name of the person that is responsible for this location and, if different from the persons referred to in points 2 to 4, address, telephone number, email address and contact person of the person that is responsible for this location.

• 1. Recovery or disposal facility’s name, address, telephone number, email address, registration number, contact person, technology employed and possible status as pre-consented in accordance with Article 14. If the waste is destined for an interim recovery or interim disposal operation, corresponding information regarding all facilities where subsequent interim and non-interim recovery or interim or non-interim disposal operations are envisaged shall be indicated. Evidence of the facility’s permit in accordance with Chapter IV of Directive 2008/98/EC, or if the recovery or disposal facility is listed in Annex I, Category 5, to Directive 2010/75/EU, evidence (e.g. a declaration certifying its existence) of a valid permit issued in accordance with Articles 4 and 5 of that Directive shall be provided.

• 1. Consignee’s name, address, telephone number, email address, registration number and contact person.

• 1. Intended carrier’s (carriers’) and/or their agent’s (agents’) name, address, telephone number, email address, registration number and contact person.

• 1. Country of dispatch and relevant competent authority.

• 1. Countries of transit and relevant competent authorities.

• 1. Country of destination and relevant competent authority.

• 1. Single notification or general notification. If general notification, period of validity requested.

• 1. Date(s) envisaged for start of the shipment(s).

• 1. Means of transport envisaged.

• 1. Intended routing and intended route where possible including possible alternatives.

• 1. Evidence of registration of the carrier(s) regarding transport of waste (e.g. a declaration certifying its existence).

• 1. Designation of the waste on the appropriate list, the source(s), description, composition and any hazardous characteristics. In the case of waste from various sources, also a detailed inventory of the waste.

• 1. Estimated maximum and minimum quantities.

• 1. Type of packaging envisaged.

• 1. Specification of the recovery or disposal operation(s) as referred to in Annexes I and II to Directive 2008/98/EC.

• 1. If the waste is destined for recovery:
• (a) the planned method of disposal for the non-recoverable fraction after recovery;
• (b) the quantity of recovered material in relation to non-recoverable waste;
• (c) the estimated value of the recovered material;
• (d) the cost of recovery and the cost of disposal of the non-recoverable fraction.

• 1. If the waste is destined for disposal, evidence demonstrating that the conditions in Article 11(1)(a) are fulfilled.

• 1. A copy of the contract and a declaration certifying its existence between the notifier, consignee and the operator of the facility where the waste is recovered or disposed of, that has been concluded and is effective at the time of the notification, as required in Article 5(7) and Article 6.

• 1. A copy of the contract and a declaration certifying its existence between the waste producer, new waste producer or collector and the broker or dealer, in the event that the broker or dealer acts as notifier.

• 1. Evidence of a financial guarantee or equivalent insurance (or a declaration certifying its existence if the competent authority so allows) that has been established and is effective at the time of the notification or, if the competent authority which approves the financial guarantee or equivalent insurance so allows, at the latest at the time of completion of the movement document pursuant to Article 16(2), as required in Article 5(8) and Article 7.

• 1. Declaration of the notifier that the notifier has not been convicted of carrying out an illegal shipment or any other illegal act in relation to environmental or human health protection, and has not repeatedly failed to comply with Articles 15 and 16 in connection with past shipments, in the 5 years prior to the submission of the notification.

• 1. Certification by the notifier that the information is complete and correct to the best of his/her knowledge.

Part 2: Information to be provided in, or annexed to, the movement document:

Provide all information listed in Part 1, updated in accordance with the points set out below, and the other additional information specified:

• 1. Serial and total number of shipments.

• 1. Date shipment started.

• 1. Means of transport.

• 1. Carrier’s (carriers’) name, address, telephone number, fax number and email address.

• 1. Routing and route where possible including possible alternatives, as indicated in the notification document, in case of unforeseen circumstances.

• 1. Quantities.

• 1. Type of packaging.

• 1. Container identification number, if applicable.

• 1. Any special precautions to be taken by the carrier(s).

• 1. Declaration signed by the notifier that all necessary consents have been received from the competent authorities of the countries concerned.

• 1. Appropriate signatures for each custody transfer.

Part 3: Additional information and documentation that may be requested by the competent authorities:

• 1. The type and duration of the authorisation pursuant to which the recovery or disposal facility operates.

• 1. Copy of the permit issued in accordance with Articles 4 and 5 of Directive 2010/75/EU.

• 1. Information concerning the measures to be taken to ensure transport safety.

• 1. The transport distance(s) between the location where the shipment starts and the facility, including alternative routes.

• 1. In the event of intermodal transport, the place(s) where the transfer will take place.

• 1. Information about costs of transport of waste between the notifier and the facility.

• 1. Copy of the registration of the carrier(s) regarding the transport of waste.

• 1. Chemical analysis of the composition of the waste.

• 1. Description of the production process of the waste.

• 1. Description of the treatment process of the facility, which receives the waste.

• 1. The financial guarantee or equivalent insurance or a copy or evidence thereof.

• 1. Information concerning the calculation of the financial guarantee or equivalent insurance as required in Article 5(8) and in Article 7.

• 1. Copy or evidence of the policy of insurance against liability for damage to third parties.

• 1. Documentation certifying that the notifier has not been convicted of carrying out an illegal shipment or any other illegal act in relation to environmental or human health protection, and has not repeatedly failed to comply with Articles 15 and 16 in connection with past shipments, in the 5 years prior to the submission of the notification.

• 1. Any other information, which is pertinent to the assessment of the notification in accordance with this Regulation and national legislation.

ANNEX III

LIST OF WASTES SUBJECT TO THE GENERAL INFORMATION REQUIREMENTS LAID DOWN IN ARTICLE 18 (‘GREEN’ LISTED WASTE) AS REFERRED TO IN ARTICLE 4(4)(a)

Regardless of whether or not wastes are included on this list, they may not be subject to the general information requirements laid down in Article 18 if they are contaminated by other materials to an extent which:

• (a) increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the list of waste referred to in Article 7 of Directive 2008/98/EC as well as the hazardous properties listed in Annex III to that Directive; or

• (b) prevents the recovery of the wastes in an environmentally sound manner.

Part I:

Wastes listed in Annex IX of the Basel Convention ([^E0017]).

For the purposes of this Regulation:

• (a) any reference in Annex IX of the Basel Convention to list A shall be understood as a reference to Annex IV of this Regulation;

• (b) in Basel entry B1020 the term ‘bulk finished form’ includes all metallic non-dispersible ([^E0018]) forms of the scrap listed therein;

• (c) Basel entry B1030 shall read: ‘Residues containing refractory metals’;

• (d) the part of Basel entry B1100 that refers to ‘Slags from copper processing’ etc. does not apply and (OECD) entry GB040 in Part II applies instead;

• (f) Basel entry B2050 does not apply and (OECD) entry GG040 in Part II applies instead;

• (g) for waste shipped within the Union, Basel entry B3011 does not apply and the following entry applies instead: EU3011 ([^E0019]) Plastic waste (note the related entry AC300 in Part II of Annex IV, and the related entry EU48 in Part I of Annex IV): Plastic waste listed below, provided it is almost free from contamination and other types of wastes ([^E0020]) and destined for recycling: — Plastic waste almost exclusively ([^E0021]) consisting of one non-halogenated polymer, including but not limited to the following polymers: — Polyethylene (PE) — Polypropylene (PP) — Polystyrene (PS) — Acrylonitrile butadiene styrene (ABS) — Polyethylene terephthalate (PET) — Polycarbonates (PC) — Polyethers — Plastic waste almost exclusively ([^E0022]) consisting of one cured resin or condensation product, including but not limited to the following resins: — Urea formaldehyde resins — Phenol formaldehyde resins — Melamine formaldehyde resins — Epoxy resins — Alkyd resins — Plastic waste almost exclusively (21)  consisting of one of the following fluorinated polymers ([^E0023]): — Perfluoroethylene/propylene (FEP) — Perfluoroalkoxy alkanes: — Tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA) — Tetrafluoroethylene/perfluoromethyl vinyl ether (MFA) — Polyvinylfluoride (PVF) — Polyvinylidenefluoride (PVDF) — Polytetrafluoroethylene (PTFE) — Polyvinyl chloride (PVC).

Part II:

Metal-bearing wastes arising from melting, smelting and refining of metals

GB040	7112 2620 30 2620 91	Slags from precious metals and copper processing for further refining

Other wastes containing metals

GC010		Electrical assemblies consisting only of metals or alloys [^E0025]
GC020		Electronic scrap (e.g. printed circuit boards, electronic components, wire, etc.) and reclaimed electronic components suitable for base and precious metal recovery [^E0026]
GC030	ex 8908 00	Vessels and other floating structures for breaking up, properly emptied of any cargo and other materials arising from the operation of the vessel which may have been classified as a dangerous substance or waste [^E0024]
GC050		Spent Fluid Catalytic Cracking (FCC) Catalysts (e.g.: aluminium oxide, zeolites)

The term ‘properly emptied’ is understood as presuming full compliance with international rules and guidelines on ship recycling.

Entry GC010 shall apply only for waste shipped within the Union and only until 31 December 2026.

Entry GC020 shall apply only for waste shipped within the Union and only until 31 December 2026.

Glass waste in non-dispersible form

GE020	ex 7001 ex 7019 39	Glass Fibre Waste

Ceramic wastes in non-dispersible form

GF010		Ceramic wastes which have been fired after shaping, including ceramic vessels (before and/or after use)

Other wastes containing principally inorganic constituents, which may contain metals and organic materials

GG030	ex 2621	Bottom ash and slag tap from coal fired power plants
GG040	ex 2621	Coal fired power plants fly ash

Wastes arising from tanning and fellmongery operations and leather use

GN010	ex 0502 00	Waste of pigs’, hogs’ or boars’ bristles and hair or of badger hair and other brush-making hair
GN020	ex 0503 00	Horsehair waste, whether or not put up as a layer with or without supporting material
GN030	ex 0505 90	Waste of skins and other parts of birds, with their feathers or down, of feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preservation

ANNEX IIIA

MIXTURES OF WASTES LISTED IN ANNEX III PROVIDED THAT THE COMPOSITION OF THOSE MIXTURES DOES NOT IMPAIR THEIR ENVIRONMENTALLY SOUND MANAGEMENT AS REFERRED TO IN ARTICLE 4(4)(b)

• 1.Regardless of whether or not mixtures of wastes are included on this list, they may not be subject to the general information requirements laid down in Article 18 if they are contaminated by other materials to an extent which:

• (a) increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the list of waste referred to in Article 7 of Directive 2008/98/EC as well as the hazardous properties listed in Annex III to that Directive; or

• (b) prevents the recovery of the wastes in an environmentally sound manner.

• 2.The following mixtures of wastes are included in this Annex:

• (a) mixtures of wastes classified under Basel entries B1010 and B1050;

• (b) mixtures of wastes classified under Basel entries B1010 and B1070;

• (c) mixtures of wastes classified under Basel entries B3040 and B3080;

• (d) mixtures of wastes classified under (OECD) entry GB040 and under Basel entry B1100 restricted to hard zinc spelter, zinc-containing drosses, aluminium skimmings (or skims) excluding salt slag and wastes of refractory linings, including crucibles, originating from copper smelting;

• (e) mixtures of wastes classified under (OECD) entry GB040, under Basel entry B1070 and under Basel entry B1100 restricted to wastes of refractory linings, including crucibles, originating from copper smelting.

• 3.The following mixtures of wastes classified under separate indents or sub- indents of one single entry are included in this Annex:

• (a) mixtures of wastes classified under Basel entry B1010;

• (b) mixtures of wastes classified under Basel entry B2010;

• (c) mixtures of wastes classified under Basel entry B2030;

• (d) mixtures of wastes classified under Basel entry B3020 restricted to unbleached paper or paperboard or of corrugated paper or paperboard, other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass, paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter);

• (e) mixtures of wastes classified under Basel entry B3030;

• (f) mixtures of wastes classified under Basel entry B3040;

• (g) mixtures of wastes classified under Basel entry B3050.

• 4.For shipments destined for recycling within the Union the following mixtures of wastes ([^E0027]) classified under separate indents or sub-indents of one single entry are included in this Annex:

• (a) mixtures of wastes classified under entry EU3011 and listed under the indent referring to non-halogenated polymers;

• (b) mixtures of wastes classified under entry EU3011 and listed under the indent referring to cured resins or condensation products;

• (c) mixtures of wastes classified under entry EU3011 and listed under ‘perfluoroalkoxy alkanes’.

ANNEX IIIB

ADDITIONAL GREEN LISTED WASTE AS REFERRED TO IN ARTICLE 4(4)(a)

• 1.Regardless of whether or not wastes are included on this list, they may not be subject to the general information requirements laid down in Article 18 if they are contaminated by other materials to an extent which:

• (a) increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure of prior written notification and consent, when taking into account the list of waste referred to in Article 7 of Directive 2008/98/EC as well as the hazardous properties listed in Annex III to that Directive; or

• (b) prevents the recovery of the wastes in an environmentally sound manner.

• 2.The following wastes are included in this Annex:

• BEU04 Composite packaging consisting of mainly paper and some plastic, not containing residues and not covered by Basel entry B3020

• BEU05 Clean biodegradable waste from agriculture, horticulture, forestry, gardens, parks and cemeteries

• 3.The shipments of waste listed in this Annex are without prejudice to the provisions of Regulation (EU) 2016/2031.

ANNEX IV

LIST OF WASTES SUBJECT TO THE PROCEDURE OF PRIOR WRITTEN NOTIFICATION AND CONSENT (‘AMBER’ LISTED WASTE) ([^E0028]) AS REFERRED TO IN ARTICLE 4(2)(a)

Part I

Wastes listed in Annexes II and VIII to the Basel Convention ([^E0029]).

For the purposes of this Regulation:

• (a) Any reference in Annex VIII to the Basel Convention to list B shall be understood as a reference to Annex III to this Regulation.

• (b) In Basel entry A1010, the term ‘excluding such wastes specifically listed on List B (Annex IX)’ is a reference both to Basel entry B1020 and the note on B1020 in Annex III to this Regulation, Part I(b).

• (c) Basel entry A2060 shall not apply and OECD entry GG040 in Annex III, Part II shall apply instead when appropriate.

• (d) Basel entry A4050 includes spent potlinings from aluminium smelting because they contain Y33 inorganic cyanides. If the cyanides have been destroyed, spent potlinings are assigned to Part II entry AB120 because they contain Y32, inorganic fluorine compounds excluding calcium fluoride.

• (e) Basel entry A3210 does not apply and entry AC300 in Part II applies instead.

• (f) For waste shipped within the Union, Basel entry Y48 does not apply and the following entry applies instead: EU48 Plastic waste not covered by entry AC300 in Part II or by entry EU3011 in Part I of Annex III, as well as mixtures of plastic waste not covered by point 4 of Annex IIIA.

• (g) For waste shipped within the Union until 31 December 2026, Basel entry Y49 shall not apply and entries GC010 and GC020 in Annex III Part II shall apply instead where appropriate.

Part II:

Metal-bearing wastes

AA010	2619 00	Dross, scalings and other wastes from the manufacture of iron and steel [^E0030]
AA060	2620 50	Vanadium ashes and residues [^E0030]
AA190	8104 20 ex 8104 30	Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities

This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere.

Wastes containing principally inorganic constituents, which may contain metals and organic materials

AB030		Wastes from non-cyanide based systems which arise from surface treatment of metals
AB070		Sands used in foundry operations
AB120	ex 2812 90 ex 3824	Inorganic halide compounds, not elsewhere specified or included
AB130		Used blasting grit
AB150	ex 3824 90	Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD)

Wastes containing principally organic constituents, which may contain metals and inorganic materials

AC060	ex 3819 00	Hydraulic fluids
AC070	ex 3819 00	Brake fluids
AC080	ex 3820 00	Antifreeze fluids
AC150		Chlorofluorocarbons
AC160		Halons
AC170	ex 4403 10	Treated cork and wood wastes
AC250		Surface active agents (surfactants)
AC260	ex 3101	Liquid pig manure; faeces
AC270		Sewage sludge
AC300		Plastic waste, including mixtures of such wastes, containing or contaminated with Annex I constituents, to an extent that it exhibits an Annex III characteristic (note the related entry EU3011 in Part I of Annex III, and the related entry EU48 in Part I)

Wastes which may contain either inorganic or organic constituents

AD090	ex 3824 90	Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included
AD100		Wastes from non-cyanide based systems which arise from surface treatment of plastics
AD120	ex 3914 00 ex 3915	Ion exchange resins
AD150		Naturally occurring organic material used as a filter medium (such as bio-filters)

Wastes containing principally inorganic constituents, which may contain metals and organic materials

RB020	ex 6815	Ceramic based fibres of physico-chemical characteristics similar to those of asbestos

ANNEX V

WASTE LISTS FOR THE PURPOSE OF ARTICLE 39

Introductory notes

• 1.This Annex applies without prejudice to Directive 2008/98/EC.

• 2.This Annex consists of two parts. Article 39 further refers to the list of waste as referred to in Article 7 of Directive 2008/98/EC. For the purposes of this Regulation and to determine whether a specific waste is covered by the export prohibition in Article 39 of this Regulation, the list of waste as referred to in Article 7 of Directive 2008/98/EC applies only when List A of Part 1 of this Annex is not applicable. If a waste is not listed in List A of Part 1 of this Annex, and not listed as a hazardous waste in the list of waste as referred to in Article 7 of Directive 2008/98/EC, only then it must be checked if it is listed in Part 2 of this Annex.

• 3.Wastes listed in List B of Part 1 or which are among the non-hazardous waste listed in the list of waste as referred to in Article 7 of Directive 2008/98/EC (i.e. wastes not marked with an asterisk) are covered by the export prohibition if they are contaminated by other materials to an extent which:

• (a) increases the risks associated with the wastes sufficiently to render it appropriate for submission to the procedure of prior written notification and consent, when taking into account the list of waste referred to in Article 7 of Directive 2008/98/EC as well as the hazardous properties listed in Annex III to that Directive; or

• (b) prevents the recovery of the waste in an environmentally sound manner.

Part 1 ([^E0031])

List A (Annex VIII to the Basel Convention)

• A1 Metal and metal-bearing wastes

• A1010 Metal wastes and waste consisting of alloys of any of the following:

• — Antimony

• — Arsenic

• — Beryllium

• — Cadmium

• — Lead

• — Mercury

• — Selenium

• — Tellurium

• — Thallium

but excluding such wastes specifically listed on list B.

• A1020 Waste having as constituents or contaminants, excluding metal waste in massive form, any of the following:

• — Antimony; antimony compounds

• — Beryllium; beryllium compounds

• — Cadmium; cadmium compounds

• — Lead; lead compounds

• — Selenium; selenium compounds

• — Tellurium; tellurium compounds

• A1030 Wastes having as constituents or contaminants any of the following:

• — Arsenic; arsenic compounds

• — Mercury; mercury compounds

• — Thallium; thallium compounds

• A1040 Wastes having as constituents any of the following:

• — Metal carbonyls

• — Hexavalent chromium compounds

• A1050 Galvanic sludges

• A1060 Waste liquors from the pickling of metals

• A1070 Leaching residues from zinc processing, dust and sludges such as jarosite, hematite, etc.

• A1080 Waste zinc residues not included on list B, containing lead and cadmium in concentrations sufficient to exhibit Annex III characteristics

• A1090 Ashes from the incineration of insulated copper wire

• A1100 Dusts and residues from gas cleaning systems of copper smelters

• A1110 Spent electrolytic solutions from copper electrorefining and electrowinning operations

• A1120 Waste sludges, excluding anode slimes, from electrolyte purification systems in copper electrorefining and electrowinning operations

• A1130 Spent etching solutions containing dissolved copper

• A1140 Waste cupric chloride and copper cyanide catalysts

• A1150 Precious metal ash from incineration of printed circuit boards not included on list B ([^E0032])

• A1160 Waste lead-acid batteries, whole or crushed

• A1170 Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B containing Annex I constituents to an extent to render them hazardous.

• A1181 Electrical and electronic waste (note the related entry Y49 in List A of Part 2 in Annex V):

• — Waste electrical and electronic equipment — containing or contaminated with cadmium, lead, mercury, organohalogen compounds or other Annex I constituents to an extent that the waste exhibits an Annex III characteristic, or — with a component containing or contaminated with Annex I constituents to an extent that the component exhibits an Annex III characteristic, including but not limited to any of the following components: — glass from cathode-ray tubes included on list A — a battery included on list A — a switch, lamp, fluorescent tube or a display device backlight which contains mercury — a capacitor containing PCBs — a component containing asbestos — certain circuit boards — certain display devices — certain plastic components containing a brominated flame retardant

• — Waste components of electrical and electronic equipment containing or contaminated with Annex I constituents to an extent that the waste components exhibit an Annex III characteristic, unless covered by another entry on list A

• — Wastes arising from the processing of waste electrical and electronic equipment or waste components of electrical and electronic equipment, and containing or contaminated with Annex I constituents to an extent that the waste exhibits an Annex III characteristic (e.g. fractions arising from shredding or dismantling), unless covered by another entry on list A

• A1190 Waste metal cables coated or insulated with plastics containing or contaminated with coal tar, PCB ([^E0033]), lead, cadmium, other organohalogen compounds or other Annex I constituents, to the extent that they exhibit Annex III characteristics

• A2 Wastes containing principally inorganic constituents, which may contain metals and organic materials

• A2010 Glass waste from cathode-ray tubes and other activated glasses

• A2020 Waste inorganic fluorine compounds in the form of liquids or sludges but excluding such wastes specified on list B

• A2030 Waste catalysts but excluding such wastes specified on list B

• A2040 Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent that it exhibits an Annex III hazardous characteristic (note the related entry on list B, B2080)

• A2050 Waste asbestos (dusts and fibres)

• A2060 Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex III characteristics (note the related entry on list B, B2050)

• A3 Wastes containing principally organic constituents, which may contain metals and inorganic materials

• A3010 Waste from the production or processing of petroleum coke and bitumen

• A3020 Waste mineral oils unfit for their originally intended use

• A3030 Wastes that contain, consist of or are contaminated with leaded anti-knock compound sludges

• A3040 Waste thermal (heat transfer) fluids

• A3050 Wastes from production, formulation and use of resins, latex, plasticizers, glues/adhesives excluding such wastes specified on list B (note the related entry on list B, B4020)

• A3060 Waste nitrocellulose

• A3070 Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludges

• A3080 Waste ethers not including those specified on list B

• A3090 Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides (note the related entry on list B, B3100)

• A3100 Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather articles containing hexavalent chromium compounds or biocides (note the related entry on list B, B3090)

• A3110 Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the related entry on list B, B3110)

• A3120 Fluff — light fraction from shredding

• A3130 Waste organic phosphorous compounds

• A3140 Waste non-halogenated organic solvents but excluding such wastes specified on list B

• A3150 Waste halogenated organic solvents

• A3160 Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations

• A3170 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)

• A3180 Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB), polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more ([^E0034])

• A3190 Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of organic materials

• A3200 Bituminous material (asphalt waste) from road construction and maintenance, containing tar (note the related entry on list B B2130)

• A3210 Plastic waste, including mixtures of such waste, containing or contaminated with Annex I constituents, to an extent that it exhibits an Annex III characteristic (note the related entry B3011, in list B of this Part, and entry Y48, in list A of Part 2)

• A4 Wastes which may contain either inorganic or organic constituents

• A4010 Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes specified on list B

• A4020 Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices, and wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research projects

• A4030 Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesticides and herbicides that are off-specification, out-dated ([^E0035]), or unfit for their originally intended use

• A4040 Wastes from the manufacture, formulation and use of wood-preserving chemicals ([^E0036])

• A4050 Wastes that contain, consist of or are contaminated with any of the following: