Waste Export Regulations: A Comprehensive Guide.

Waste export regulations can be complex, but exporting waste is a significant part of global trade, especially for industries that produce large amounts of recyclable materials. However, this process is heavily regulated to prevent environmental damage and ensure that hazardous materials are handled responsibly.

Key Waste Export Regulations

Several international treaties and national laws govern waste exportation. Among the most important ones are:

• Basel Convention: This global treaty controls the movement of hazardous waste across borders. It aims to protect human health and the environment by reducing hazardous waste production and promoting responsible management.
• OECD Decision C(2001)107: This decision regulates the movement of waste destined for recovery operations within OECD countries. In addition, it categorizes waste into three lists (Green, Amber, and Red), with varying levels of control depending on the potential environmental risk.
• European Waste Shipment Regulation (WSR): This regulation implements the Basel Convention within the European Union (EU) and governs the shipment of waste both within the EU and between the EU and other countries.

More details about EU waste export regulations can be found on the .EU website.

UK’s Approach to Waste Export

After the UK left the EU, it adopted its version of the WSR to ensure continuity in waste management regulations. This involved:

• Retaining Core Principles: The UK kept most of the key principles of the WSR, such as waste classification and notification procedures.
• Establishing Competent Authorities: The UK created its authorities to oversee waste shipments, such as the Environment Agency in England.
• Adapting Procedures: Due to the UK becoming a third country, additional steps are now required for waste shipments between the UK and EU member states.
• Negotiating Trade Agreements: The UK negotiated new trade agreements to ensure that waste shipments could continue smoothly while maintaining environmental safeguards.

More details can be found on the .Gov website

Types of Waste

Furthermore, waste is classified based on its potential environmental and human health harm. The two main categories are:

• Hazardous Waste: Includes toxic, corrosive, flammable, or reactive materials, such as industrial chemicals, e-waste, medical waste, and certain batteries.
• Non-Hazardous Waste: Includes waste that doesn’t pose an immediate threat, such as household waste, packaging, and construction debris.

Moreover, the classification of waste determines the level of control and documentation needed for its export.

Notification and Consent

Before exporting waste, exporters must obtain prior informed consent (PIC) from both the exporting and importing countries. This involves:

• Exporters: Providing detailed information about the waste, including its type, quantity, and destination.
• Importing Countries: Permitting the shipment, possibly with conditions on how the waste should be handled.
• Movement Document: A document accompanies the waste shipment to track its movement.

Prohibited Exports

Certain types of waste are banned from export to specific countries, especially those without the infrastructure to manage them safely. For example:

• Prohibition to Developing Countries: The Basel Convention generally prohibits exporting hazardous waste to developing countries that lack the capacity to handle it.
• Export Bans: Some countries, like EU member states, have strict export bans on specific types of waste, such as e-waste, to non-OECD countries.

Upcoming Changes

In addition, the European Union plans to ban the export of plastic waste to non-OECD countries. This aims to reduce plastic pollution and promote a circular economy.

Penalties for Non-Compliance

Non-compliance with waste export regulations can result in severe penalties, including:

• Fines: Companies may face significant financial penalties.
• Confiscation of Assets: Authorities can seize assets gained from illegal waste exportation.
• Imprisonment: In serious cases, individuals may face imprisonment.
• Repatriation of Waste: Authorities may order the return of illegally exported waste to the country of origin.

Best Practices for Compliance

To ensure compliance, businesses should:

• Conduct Due Diligence: Understand the legal requirements of both exporting and importing countries.
• Obtain Consent: Get the necessary consent for waste export.
• Maintain Proper Documentation: Keep accurate records of all waste shipments.
• Prioritize Environmental Responsibility: Reduce waste and ensure that exported waste is handled responsibly.
• Communicate with Authorities: Stay informed about regulations and seek guidance when needed.

Clearpoint Recycling can help businesses navigate waste export regulations and ensure compliance. Get in touch with our compliance team!