Industry umbrella group Recycling Europe and the European Waste Management Association (FEAD) have welcomed the European Commission's clarification on exports of plastic waste to third countries. At the same time, they stressed the importance of uniform interpretation and application of the new EU rules across all member states.
"When new European rules enter into force, it is essential that they are interpreted and applied in the same way across all member states. The waste management industry cannot afford divergent interpretations and enforcement practices that create uncertainty and distort competition. A genuine level playing field is fundamental to ensuring both compliance and the effective functioning of the internal market," said FEAD secretary general Paolo Campanella.
The clarification follows the start of application of the revised EU Waste Shipment Regulation (WSR), which since 21 May has required prior notification and consent for exports of plastic waste from the EU to third countries. Plastics recyclers and Belgian recycling and waste management association Denuo, a member of both FEAD and Recycling Europe, reported that the new rules were not being applied consistently across the EU. While most member states demanded strict compliance, including explicit approval from the destination country, some national authorities initially appeared to allow shipments to non-OECD countries to continue under a more flexible reading of the legislation.
FEAD and Recycling Europe therefore sought clarification from the Commission. In new guidance issued to member states, the Commission made clear, among other things, that tacit consent may be relied upon for the purposes of the notification and consent procedure only where the shipment's destination country is an OECD member.
Legal uncertainty and risk of distortions of competition
Recycling Europe also stressed the importance of applying EU legislation consistently across the Union. "Companies operating in different parts of the EU should be subject to the same requirements, timelines and enforcement practices. Divergent interpretations create legal uncertainty for operators, complicate business planning and risk distorting competition within the internal market," the association said.
Recycling Europe said the situation had raised real concerns among recycling and waste management companies about fair competition within the EU. The association therefore welcomed the Commission's efforts to clarify the application of the WSR. "It's essential that all member states follow the same interpretation, so everyone operates on a level playing field," Recycling Europe said.
Diwass still poses "challenges"
A central element of the revised WSR is the mandatory digitalisation of the administrative procedures related to transfrontier waste shipments. Since 21 May, all documentation and information relating to both notified and non-notified shipments must be exchanged through the EU's newly launched Digital Waste Shipment System (Diwass).
While Recycling Europe strongly supports the move towards digitalisation and acknowledges its potential to improve traceability, transparency and efficiency, the association's members are reporting significant practical difficulties. According to the industry body, many companies and competent authorities are finding the transition to the new system "really challenging".
According to Recycling Europe, its members have reported "technical difficulties, uncertainty over certain procedural requirements and a lack of practical guidance on how the system should operate in day-to-day business". There are also concerns regarding the administrative burden associated with the transition, particularly for businesses active in several member states and for smaller companies with more limited resources. Some members reported that implementation difficulties may already be causing delays to notification procedures and transport operations, said the association.
Recycling Europe underlines that fixing these issues will require close cooperation between the Commission, national authorities and industry stakeholders. "Diwass must become a practical and effective tool that facilitates compliance instead of creating unnecessary barriers for legitimate recycling activities."
While welcoming the Commission's proposal at the end of March to allow a more flexible implementation of Diwass for non-notified shipments until year-end, the association said concerns about the system's practical operation remain.
