New EU waste law to ban plastic exports and toughen penalties
The new law significantly hindering the export of waste to third countries will come into force on Monday. Sending plastic to developing countries will be banned for two and a half years. Countries will also need to toughen penalties for environmental crimes.
Two new EU regulations, the Waste Shipment Regulation and the directive tightening environmental law in the Union, will come into force on Monday. Both initiatives are part of the European Green Deal.
39 million tonnes of European waste
The regulation addresses the growing problem of waste export outside the Union. In 2023, 39 million tonnes of European waste ended up in third countries, with the most going to Turkey. According to EC data, waste exports have increased by 72 per cent over the past two decades. Half of the waste went to non-OECD (Organization for Economic Co-operation and Development) countries, which includes 38 highly developed and democratic nations.
Under the new regulation, waste export from the EU will only be allowed if exporters prove that waste is correctly managed in third countries. The new requirements will take effect on 21 May 2027.
The regulation mainly addresses developing countries. Waste export to non-OECD countries will be banned from 21 November 2026, for two and a half years. After this period, exports will be subject to the regulation, meaning exports will be possible if they are managed environmentally sustainably.
Supervision and penalties
The regulation will increase oversight of waste transport and regulate its movement between member states.
It will also combat waste smuggling. To this end, an EU waste law enforcement group will be established, consisting of environmental protection agencies, customs officers, and police from member states, supported by the European Anti-Fraud Office (OLAF).
In turn, once the new directive comes into force, member states will need to incorporate into their criminal law more precise definitions of environmental crime categories and toughen penalties for committing them. Certain offences such as illegal trading in chemicals or mercury and illegal ship recycling will need to be treated as crimes in all EU member states. Introducing illegally sourced timber or products made from it will be punishable by at least five years of imprisonment, and the maximum fines for companies cannot be lower than 5 percent of their total turnover or 33 million pounds.
Causing particularly serious damage to the natural environment will need to be classified as a serious crime and subject to higher penalties.
Harmonising categories and penalties across member states is intended to prevent environmental crimes, as certain violations will be similarly treated in all countries.
