Kindly follow these instructions to verify whether any control procedures are applicable.
Firstly, any individual planning to import or export a material or product to or from Malta must check if the shipment is actually waste. Since various countries retain different waste criteria it is important to check the relevant waste classifications of countries part of the planned itinerary. In case of disagreement between the competent authorities of dispatch and destination whether the subject shall be classified as waste or non-waste, the shipment will be considered as waste. Kindly refer to the Waste Framework Directive for more information regarding waste classifications.
If a shipment qualifies as waste, its itinerary has to be confirmed as legal. All shipments to or from EU countries must comply with the WSR. Likewise, waste shipment controls outside the EU have to be observed. Kindly follow the links below to access the lists of:
|EU Member States||Click Here|
|OECD Member Countries||Click Here|
|EU Member States competent authorities||Click Here|
|OECD Member Countries competent authorities||Click Here|
|Competent authorities of parties to the Basel Convention||Click Here|
The following information is required to determine which (if any) waste shipment controls are applicable:
|Type of waste||Waste can be classified as hazardous or non-hazardous, and depending on its origin and other properties, it is assigned a six digit European Waste Catalogue code (Commission Decision 2000/532/EC). To identify whether a waste stream is hazardous or non-hazardous, an individual needs to check whether the waste displays any one or more of the hazardous properties listed in Schedule 3 of the Waste Regulations (S.L.549.63). The Material Safety Data Sheets (MSDS) can help assess whether there are any hazardous components within a product by comparing ‘HP codes’.|
|Planned operations||Shipments of waste are destined for either recovery or disposal operations listed in the EU Waste Framework Directive (Directive 2008/98/EC). Shipments of waste for recovery are allowed in most countries subject to different waste shipment controls. However, shipments of waste for disposal are commonly more restricted.|
|Country of destination and transit (if applicable)||Malta imposes a ban on imports of waste for disposal. Exports of waste from Malta for disposal are only allowed within EU and EFTA member countries subject to Article 4 controls. Waste shipments for recovery can take place within EU member states and third countries outside the EU including non-OECD member states. In the case of imports and exports of waste for recovery, Article 4 controls apply unless the waste shipment qualifies under Article 18 controls.|
Kindly refer to the guidelines below to determine whether a shipment of waste shall be subject to Article 18 controls:
|Recovery in EU Member States||Waste listed under a single entry in Annex III, IIIB or the mixtures of waste listed in Annex IIIA.|
|Recovery in OECD countries||Waste listed under a single entry in Annex III or the mixtures of waste listed in Annex IIIA.|
|Recovery in non-OECD countries||Pursuant to Article 36 of the WSR an export prohibition applies for certain types of waste. Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to the WSR determines the controls which will apply to waste listed in Annex III and IIIA to the WSR for each listed non-OECD country.|
|Shipments for laboratory analysis||Article 18 controls shall apply for shipments of waste destined exclusively for laboratory analysis given that 25kg are not exceeded. Kindly refer to Article 4 (5) of the WSR.|
|Shipments within the Community with transit via third countries||Further provisions for waste shipment controls for transit through third countries (non-EU members) are listed under Articles 31 and 32 of the WSR.|
The above guidelines should assist prospective applicants to decide whether a waste shipment is prohibited, or the Prior Written Notification and Consent Procedure (Article 4 controls) or General Information Procedure (Article 18 controls) apply. As such, anyone interested in shipping waste must be fully aware of the obligations and procedures relevant to the waste s/he intends to ship. Kindly contact the TFS Environmental Permitting team on firstname.lastname@example.org for further information.
The Environment and Resources Authority (ERA) reserves the right to determine the applicable waste shipment controls (if any) in case of disagreements as per WSR.
Last updated: 24/09/2020