EU cracks down on waste exports with strict new regulations

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.

The regulation addresses the growing problem of waste export outside the Union. In 2023, 39 million tons of European waste ended up in third countries, with the majority going to Turkey. According to EC data, waste exports have increased by 72 percent 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 the waste is managed correctly in third countries. The new requirements will take effect on May 21, 2027.

The regulation particularly addresses developing countries. Waste exports to non-OECD countries will be banned for two and a half years from November 21, 2026. After this period, exports will be subject to the new rules, meaning exports will be possible only if the waste is managed in an environmentally sustainable way.

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).

Once the new directive comes into force, member states must incorporate more precise definitions of environmental crime categories into their criminal law and toughen penalties for committing these crimes. Certain offenses, such as illegal trading in chemicals or mercury and illicit recycling ship, must 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 42 million dollars.

Causing particularly serious damage to the natural environment will need to be classified as a severe crime and subject to higher penalties.

Harmonizing categories and penalties across member states is intended to prevent environmental crimes, as certain violations will be treated similarly in all countries.