A striking increase in waste generation caused by rapid economic growth and globalisation over the past decades was accompanied by an increase in global waste trade. Waste has economic value and can provide a useful replacement of natural resources in multiple industries if properly managed. Several countries however are unable to manage all types of waste in an environmentally sound manner due to various limitations hence the need to enable a system for shipments of waste. This is the case of Malta, which insularity and limited resources present a considerable challenge to treat all wastes locally in an environmentally sound and efficient manner.

A comprehensive supervision and control system has first been introduced globally by the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal. This international environmental treaty on waste was adopted on 22 March 1989 in Basel (Switzerland), and was ratified by Malta on 19 June 2000.

The cornerstone of the control regime established under the Convention is the Prior Informed Consent procedure, whereby all countries involved in a planned transboundary movement are duly informed and have to provide their written consent before that movement of waste is allowed to start.

The Convention applies to:

  • The hazardous wastes listed in Annexes I and VIII;
  • The non-hazardous “Other Wastes” listed in Annex II; and
  • Wastes considered to be hazardous under Parties’ national legislation.

The Convention does not apply to the non-hazardous, “green” waste categories listed in Annex IX.

In 1995, the Parties to the Convention agreed to ban any exports of hazardous wastes from those Parties that are members of the EU, OECD, and Liechtenstein to all other Parties to the Convention (Basel Convention Ban Amendment). Malta accepted the Ban Amendment on 12 December 2011.

The provisions of the Basel Convention and the OECD Decision C(2001)107/FINAL on the Control of Transboundary Movements of Wastes Destined for Recovery Operations are implemented in the European Union via Regulation (EC) No 1013/2006 on shipments of waste (i.e. the Waste Shipment Regulation – WSR). This regulation applies to:

  • Shipments of wastes taking place within the EU, including such shipments which transit through third parties;
  • Imports into the EU from third parties;
  • Exports from the EU to third parties; and
  • Shipments transiting through the EU.

The WSR establishes different control regimes on shipments of wastes, depending on the origin, destination & route of the shipment, the nature (e.g. hazardous, “green-listed” non-hazardous) as well as the intended fate of the waste shipped (disposal or recovery).

The two main procedures for shipments of waste established under the WSR are:

  • Prior notification and consent (Article 4, also known as the TFS procedure in Malta), which generally applies to all wastes destined for disposal and hazardous wastes destined for recovery; and
  • General information requirements (Article 18 and Annex VII), which generally applies to shipments of green-listed wastes destined for recovery.

Exports destined for recovery of certain green-listed wastes to certain non-OECD Countries are also subject to Commission Regulation (EC) No 1418/2007.

The WSR also includes a ban on the export for recovery of hazardous wastes and Basel Convention “Other Wastes” to non-OECD countries (Basel Convention Ban Amendment) as well as a ban on any export of waste destined for disposal from the EU.

The WSR is implemented in Malta by S.L. 549.65, the Waste Management (Shipment of Waste) Regulations, which designate the Environment & Resources Authority as the national Competent Authority for the control regime on shipments of waste.

S.L. 549.65 prohibits all imports of waste destined for disposal into Malta.

Regulation (EU) 2024/1157

The new Waste Shipment Regulation (Regulation (EU) 2024/1157) entered into force on 21 May 2024 to modernise and update the EU rules on shipments of waste, and will progressively replace the current WSR.

Waste shipments between EU Member States

While the main procedures for shipments of waste will generally remain the same, the new Regulation will move away from a paper-based approach to an electronic one, while shortening timeframes related to the TFS procedure. As of 21 May 2026, the exchange of information related to shipments will need to be done through a central EU system.

Export of waste to third countries

The general ban on waste exports for disposal to all third countries and a ban on hazardous waste and the Basel Convention non-hazardous “other wastes” exports for recovery to non-OECD countries will continue to apply as per the previous WSR.

New rules on exports for recovery, depending on whether the importing country is an OECD or non-OECD country, will apply as from 21 May 2027 onwards.

  • Rules for OECD countries

While the procedural framework for exports to OECD countries outside the EU is very similar to the regime for shipments between Member States, the new regulation empowers the EU Commission to monitor export trends to such countries. If certain exports are increasing and are likely to cause environmental damage in the receiving country, the Commission will engage in dialogue with this country.

Exports will be prohibited if there is insufficient evidence showing that the waste is managed in an environmentally sound manner or that waste imported from the EU is not adversely affecting the treatment of waste generated in that country. Particular scrutiny will be placed on exports of plastic waste.

  • Rules for non-OECD countries

In principle, exports of certain non-hazardous wastes are prohibited. Such exports may still be allowed if certain conditions are fulfilled. Non-OECD countries willing to import waste from the EU must notify the EU Commission of their willingness and demonstrate their ability to treat this waste in an environmentally sound manner. A list of countries authorised to import such waste from the EU will be drawn up by the Commission based on the assessment of applications submitted.

The first list of authorised non-OECD countries will be adopted by 21 November 2026 and will be regularly updated.

  • Obligations of waste exporters

Companies exporting waste from the EU are to carry out or commission independent audits on the receiving facility. Alternatively, the outcome of audits carried out by other EU exporters or commissioned by the receiving facility may be acquired. The European Commission will maintain a register of audits carried out, which will serve the sole purpose of facilitating the acquisition of audit outcomes from other EU exporters.

  • Exports of plastic waste

As of 21 May 2026, exports of green-listed plastic waste (i.e. B3011) to non-EU countries will be subject to the prior notification and consent procedure. Furthermore, as of 21 November 2026, exports of such plastic waste to non-OECD countries will be banned.

However, as of 21 May 2029, non-OECD countries still willing to import “green-listed” plastic waste from the EU may notify the European Commission of their willingness and demonstrate their ability to treat this waste in an environmentally sound manner.

New rules on shipments of electrical and electronic waste

As of 1st January 2025 the new classification and rules for shipments of electrical and electronic waste (also referred to as ‘e-waste’) as agreed to under the Basel Convention will enter into force.

The Annexes of the Basel Convention have been revised to replace the previous entry for hazardous e-waste (A1180) with a new entry for hazardous e-waste (A1181), and to include a new non-hazardous e-waste entry (Y49) that replaces the previous green-listed codes B1110 and B4030. However, the previous green-listed entries will continue to apply only to intra EU shipments of non-hazardous, green-listed e-waste until the end of 2026. As the result of these changes, as from 1st January 2025 the following procedures for shipments from and to the Union and shipments within the EU apply:

  • Exports of all e-waste from the EU to non-OECD countries are prohibited;
  • Exports of all e-waste from the EU to OECD countries are to be notified;
  • Imports of all e-waste from third countries into the EU are to be notified;
  • The shipment of e-waste between EU Member States are to be notified, except for shipments of non-hazardous e-waste which can be classified under entries GC010 and GC020, which will remain subject to the general information procedure until the end of 2026. As from 1st January 2027, all shipments of non-hazardous e-waste within the EU shall be notified.

The new classification and rules have been implemented through two EU delegated acts (2024/3229 and 2024/3230) which amend the EU’s Waste Shipments Regulations.

 

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