Proposed Changes to Waste Shipment Regulation
Introduction
In June 2022, EERA and the European Battery Recycling Association (EBRA) published a Joint Position Statement on amendments proposed by the European Parliament during the legislative process for the recast Waste Shipment Regulation (WSR).
The associations called for a more harmonised European framework that would facilitate legitimate movements of WEEE, waste batteries and secondary materials while maintaining high environmental standards. The statement addressed waste classification, financial guarantees, notification procedures, pre-consented facilities, digitalisation and enforcement, alongside stronger controls for exports outside the EU.
Why harmonised waste shipment rules matter
EERA and EBRA argued that a functioning single market for waste and secondary raw materials requires greater consistency in how shipment rules are applied across Member States. Differences in procedures and interpretation can create barriers when recyclable materials need to move to specialised treatment facilities in another country.
The associations linked harmonisation to access to secondary raw materials, high-quality recycling, fair competition and investment. Their objective was not simply to make waste easier to move, but to ensure that legitimate materials could reach compliant facilities with the technical capacity to recover them while maintaining environmental safeguards.
Supporting innovation and specialist recycling
The statement supported the movement of mixed non-hazardous fractions and components to EU facilities with specialist separation and recovery expertise. EERA and EBRA argued that restricting such movements could prevent recyclable materials from reaching facilities best equipped to recover them economically and effectively.
They also identified permitting and planning procedures as a constraint on European recycling capacity, reporting that battery and e-waste operators could face waits of three years or more for permissions needed to expand capacity or introduce innovations. More workable shipment rules were therefore linked to the wider need to support specialist recycling capacity and technological development within Europe.
Simplifying waste classification
EERA and EBRA supported clearer and more consistent waste classification across Member States. The statement noted that differences in the interpretation of waste codes created uncertainty for secondary materials, particularly those destined for pre-consented facilities.
The associations welcomed clear, regularly updated guidance that could reflect developments in treatment technologies. They also highlighted the importance of classification rules in distinguishing genuine used or second-hand products and components from shipments incorrectly presented as reuse or repurposing.
Reducing financial and administrative burdens
Both associations supported simpler methods for calculating and providing financial guarantees for notified shipments. They reported that companies managing multiple concurrent notifications could face substantial guarantee requirements, tying up capital and creating administrative work.
Based on reports from members, the statement cited financial guarantee obligations exceeding €1 billion in total each year across the EU. EERA and EBRA also questioned administrative charges imposed by some competent authorities, particularly where fees were linked to shipment volumes or numbers of movements. They called for reasonable, justified and harmonised application charges and more proportionate financial guarantee requirements.
More flexible notifications and pre-consented facilities
EERA and EBRA supported extending the approval period for compliant notifications from one year to two years, arguing that longer approvals could support stable recycling routes and reduce repeated administrative work. They also welcomed greater flexibility over transport routes, including the possibility of identifying up to two entry and exit points in each country concerned.
For pre-consented recovery facilities, the associations called for faster and more consistent procedures. They supported extending pre-consent approval from five to seven years and notification approvals to pre-consented facilities from three to five years. They also called for clearer guidance to competent authorities and speedier responses, referring to the seven-working-day timeframe in the legislation applicable at the time.
These measures were intended to make legitimate cross-border recycling routes more predictable while directing materials towards compliant facilities with established recovery capabilities.
Digitalising waste shipment procedures
EERA and EBRA supported a centralised digital system for waste shipment applications and data. They argued that the system should be accessible in the official languages of the competent authorities in the countries of dispatch and destination, as well as in English, to reduce language barriers for users.
The statement also linked digitalisation to enforcement. Shared information between competent authorities could help identify operators attempting to submit new applications under different names, applicant details or routes after illegal shipments had been detected. A centralised system could therefore simplify legitimate procedures while strengthening cooperation against illegal shipments.
Stronger controls on illegal shipments and exports outside the EU
Alongside simplifying legitimate movements, EERA and EBRA supported stronger enforcement against illegal waste shipments. They called for increased scrutiny of new notifications where illegal shipments had previously been identified and welcomed stronger cooperation between Member States.
For exports outside the EU, the associations supported independent, accredited third-party certification of receiving facilities and oversight of residues generated during treatment. They argued that facilities receiving waste batteries, WEEE or related secondary materials should meet environmental management and treatment standards equivalent to those expected within the EU. This was presented as necessary to maintain a level playing field and prevent lower treatment standards from becoming a competitive advantage.
EERA and EBRA's key recommendations
Harmonise waste shipment rules and classification across the EU, supported by clear and regularly updated guidance.
Facilitate legitimate shipments to specialist and pre-consented recycling facilities with the technical capacity to recover complex secondary materials.
Reduce disproportionate administrative costs and financial guarantee requirements.
Introduce longer, more flexible and increasingly digital notification procedures.
Strengthen enforcement against illegal shipments and require equivalent environmental treatment standards for exports outside the EU.
About the joint statement
EERA and EBRA published the Joint Position Statement on 1 June 2022 in response to amendments proposed by the European Parliament during the legislative process for the recast Waste Shipment Regulation. The document reflects the associations' position and the legislative context at that time.
Read the full statement for EERA and EBRA's detailed position on the proposed amendments.
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