Established criteria define the overall degree of environmental risk posed by shipments of waste, which are used to determine applicable waste shipment controls. Shipments of waste which have a low environmental risk are subject to the general information procedure (Article 18). On the other hand, the more stringent prior informed consent procedure (Article 5) applies to shipments of waste having a higher environmental risk. In terms of Regulation (EU) 2024/1157 of the European Parliament and of the Council of 11 April 2024 on shipments of waste, amending Regulations (EU) No 1257/2013 and (EU) 2020/1056 and repealing Regulation (EC) No 1013/2006 known as the Waste Shipment Regulations (WSR) and the Waste Management (Shipment of Waste) Regulation (S.L.549.65), the Environment and Resources Authority (ERA) is the competent authority in Malta responsible for Transfrontier Shipment (TFS) of waste.
Shipments of waste subject to the prior informed consent procedure under Maltese jurisdiction can only take place once ERA issues its consent in writing. The notification must cover a shipment of waste from its first place of loading until its interim and non-interim recovery or disposal is completed.
The prior informed consent procedure commences following submission of a notification to the competent authorities concerned by the notifier. If the notification is considered properly carried out by the competent authority of dispatch, the competent authorities of destination and transit can initiate their assessment. However, if the notification is not properly carried out, the competent authority of dispatch can request additional information. Once the competent authorities of destination and transit (if any) are satisfied that the notification is properly completed, following assessment and any requests for additional information and documentation, the competent authorities concerned will proceed with the determination of the notification.
Section A: Administrative Fees
Payment requirements
ERA requires that payment of administrative fees is carried out immediately following submission of a notification within 5 working days. Before proceeding with payment, an invoice will be provided by ERA. Timeframes for processing of a notification by ERA, only apply after processing of payment is completed. Delays in the completion of payment by the notifier will inevitably delay processing of a notification. Payment must be carried out through ERA’s online payment gateway.
Kindly refer to the table below to view the administrative fees charged by ERA:
Fee structure
The following administrative fees apply:
| Application Type | Fee |
|---|---|
| Application fee for Transit of waste subject to the prior informed consent procedure | €250 |
| Application fee for Export of waste subject to the prior informed consent procedure | €350 |
| Application fee for Import of waste subject to the prior informed consent procedure | €500 |
| Processing of movement Form (per shipment) | €35 |
| Change after Consent (Article 17 of WSR) | €100 |
Where a notification for transit of waste through Malta is submitted, initially only payment of the application fee must be completed. Payment of processing fees for movement forms must only be carried out following receipt of confirmation by ERA that the notification is properly completed or after transmission of the acknowledgement (as applicable).
Section B: General Requirements
1. Electronic System (DIWASS)
- The new WSR aims to simplify the exchange of information for shipments of waste between the relevant competent authorities and operators. To ensure more efficient processing of notifications, it is obligatory that such submission and exchange of information and data relating to shipments of waste within the Union is made via electronic means. As laid down in Article 27 of WSR, the Commission must operate a central system which is also interoperable with the local systems operated by some competent authorities in the Member States and software provided by commercial operators. Pursuant to Article 27(5) of WSR the Commission was given a mandate to adopt Commission Implementing Regulation (EU) 2025/1290 of 2 July 2025. Further information about the registration of operators or natural persons other than operators who engage in shipments of waste including any associated sites is available in the ‘Additional Information’ page of our website.
- The electronic system allows operators to prepare a draft notification prior to its submission. When a draft notification is created, a unique notification number will be assigned by the system which is necessary to complete various submission requirements as part of the notification.
- The following file formats are accepted on the electronic system: ‘.pdf’ and ‘.jpeg’. Each file shall not exceed 32MB. Attachments must be uploaded separately and the type of file being uploaded on the electronic system for each attachment must be specified by selecting an appropriate label.
- In the electronic system ‘working days’ are defined as any day between Monday and Friday with the expectation of except 1st January, 15th August, 1st November, 25th December and 26th Nonetheless, national and/or public holidays as well as any shut down period of the respective Member States must also be considered. For further information about ERA’s inactive periods you may refer to Part VI of the Environmental Permitting (Procedure for Applications and their Determination) Regulations, 2024.
- Article 14 of Commission Implementing Regulation (EU) 2025/1290 of 2 July 2025 outlines the provisions related to authentication of documents submitted on the electronic system. This is necessary to ensure a correct implementation of the procedural requirements of WSR. All users must authenticate any information submitted on the electronic system. Similarly, competent authorities also need to authenticate any information provided. Authentication includes the date and time of such authentication (accurate to seconds, including time zone code), the name and surname of the user performing the authentication, and the function of the user performing the authentication of documents. A log of all actions taking place on the electronic system, including authentication, will be recorded and stored on the electronic system. In cases where a notification is submitted by a broker or dealer, waste producers are required to authenticate a notification as soon as this is created by the notifier. The waste producer can also view the draft of the notification and information/documents after submission.
- All data submitted and processed in the electronic system will be handled in line with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) and Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC. Data will be stored in the system for a maximum period of 5 years apart from exceptional circumstances which may necessitate the keeping of data for a longer period.
- The Commission is also obliged to publish data on shipments of waste in line with Article 21 of WSR in the format established in Annex XII of the same Regulation. By default, the name of the facility will be made publicly available unless an explicit request is received from the notifier detailing why such information is confidential and/or secret in line with European and national law.
- Instructions manual for the registration of operator and for the creation of the notification and video demonstrations are available through the links provided. Further information is also available in the ‘Additional Information’ page of our website.
2. Role of Notifier
In the case of a notified shipment originating from a Member State, the notifier must be one of the following:
- the original waste producer; OR
- the new waste producer who carries out operations prior to shipment resulting in a change in the nature or composition of the waste; OR
- a collector who, from various small quantities of the same type of waste collected from a variety of sources, has assembled the shipment which is to start from a single notified location; OR
- a dealer or a broker acting on behalf of any of the categories specified in points (i), (ii) or (iii); OR
- where all of the persons specified above, are unknown or insolvent, the waste holder.
A notifier referred to in (2), (3) and (4) may only submit a notification when they have obtained a permit or are registered in accordance with Chapter IV of Directive 2008/98/EC. This requirement is not applicable to original waste producers opting to export their waste directly from site of generation without using the services of third parties.
In the case of exports from the Union, a notifier must be under the jurisdiction of the Member State of dispatch.
In the case of import into, or transit through, the Union of waste that does not originate in a Member State, the notifier must be one of the following:
- the person designated by the law of the country of dispatch; OR
- in the absence of a person designated by the law of the country of dispatch, the waste holder at the time the export takes place.
3. Signatories
Notifiers must ensure that only authorised legal representatives of the company are listed as a contact person in Block 1 of the notification and movement form and any other relevant documentation including but not limited to contracts. Only authorised legal representatives can sign the notification form in Block 17 and movement form in Block 15 as well as any other official documentation as part of the notification including but not limited to the contracts, documentation associated with financial guarantees, declarations, etc. In cases where a notifer is acting as a dealer or broker pursuant to Article 2 (6)(a)(iv) of WSR, the notifier is also required to ensure that any contact person or signatory on behalf of the original waste producer(s) is an authorised legal representative of the said company.
Where a company wishes to delegate/appoint an employee who is not listed as an authorised legal representative of that company in the Memorandum and Articles of Association as a contact person and/or signatory for the purpose of documentation related to transboundary movements of waste, a Board Resolution signed by all company’s directors, to this effect may be prepared and submitted accordingly as part of the notification. Alternatively, a letter confirming the existence of such Board Resolution, signed and dated by the Company’s Secretary (including ID Card Number) may also be accepted. In cases where the above requirements are not fulfilled, the notifier may either be requested to update the relevant documentation as necessary or to supply additional documentation/information with the possibility that the notification may no longer be deemed as valid.
In the electronic system, the authentication process described above is the equivalent of signing the documents. Therefore, authentication actions must be carried out by authorised legal representative/s of the company.
N.B. The above is not applicable in cases where the notifer or waste producer is a private person, Government Ministry or Entity.
4. Certification of notifier, consignee and facility
A notification for disposal or recovery can only be consented if the following conditions are fulfilled:
- the notifier or the consignee have not been convicted of illegal shipment or any other illegal act in relation to environmental or human health protection in a period of five (5) years prior to the notification request; AND
- the notifier or the facility have not, in a period of five (5) years prior to the notification request, repeatedly failed to comply with Articles 15 and 16 of WSR in connection with past shipments.
Certification by the notifier, consignee and facility or informal verification in relation to the above conditions is required and must be submitted as part of the . In order to facilitate fulfilment of this requirement, ERA has integrated this certification with the statutory contract between the notifier, consignee and facility.
5. Pre-consented Facilities
Competent authorities may issue a pre-consent to certain recovery facilities under their jurisdiction, which may be valid for a period of ten (10) years. In case of a general notification submitted in accordance with Article 13 of WSR, relating to shipments destined to a pre-consented facility, the period of validity of the consent for a notification may be extended to three (3) years. Hence, notifiers are recommended to verify whether the facility is pre-consented and if such confirmation is received, a copy of the said pre-consent must be submitted as part of the notification. Processing of notifications for shipments of waste destined to pre-consented facilities are also shorter. This is only applicable to facilities carrying out recovery operations and excluding operation R13.
When applying through the electronic system, a notifier will be asked to indicate whether the facility is pre-consented or not for the proposed recovery operation and waste stream. It is important to always refer to the pre-consent and conditions therein before selecting this option since the electronic system should not actually be used to confirm whether a facility is actually pre-consented or not despite a register of pre-consented facilities is available on the system.
6. Multiple shipments under a single notification (i.e. general notification)
A notifier may submit a notification covering multiple shipments of waste under the same notification where the following criteria is met:
- the waste in the different shipments has essentially similar physical and chemical characteristics; AND
- the waste in the different shipments is shipped to the same consignee and the same facility; AND
- the countries of transit, if any, are the same, and the routing of the different shipments, is indicated in or annexed to the notification form and the location from which the shipment starts is the same.
A collector, broker or dealer can export waste originating from multiple waste producers as long as the starting location for each shipment is the same. For further information, it is recommended to refer to Article 13 of WSR.
7. Interim Operations
Shipments of waste may undergo interim operation(s) at an interim facility before transport to a non-interim facility for final treatment. Most often, interim operations consist of pre-processing or temporary storage of waste. For shipments of waste destined for an interim operation(s), the notifier has to provide details for both interim and non-interim facilities. There are also additional requirements which apply including additional obligations in the contract. Interim operations are the following:
- R12: Exchange of wastes for submission to any of the operations numbered R1-R11.
- R13: Accumulation of material intended for any operations in this list.
- D8: Biological treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any of the operations in this list.
- D9: Physico-chemical treatment not specified elsewhere in this list which results in final compounds or mixtures which are discarded by means of any of the operations in this list.
- D13: Blending or mixing prior to submission to any of the operations in this list.
- D14: Repackaging prior to submission to any of the operations in this list.
- D15: Storage pending any of the operations in this list.
8. Language
The official languages of the Authority are Maltese and English. A certified translation carried out by an independent warranted/qualified translator in the accepted languages is necessary for documents or communications published in any other language at expense of the notifier.
9. Other Requirements
Apart from completing and submitting the notification, notifiers must also make sure that:
- they have an insurance policy for cover against liability for damage to third parties (further information is also available in the ‘Additional Information’ page of our website.); AND
- they comply with any other relevant legislations, regulations or authorisations required from any other competent authorities concerned or site owners; AND
- the waste is dealt with in an environmentally sound manner as referred to in Article 59 of WSR at all times, including when it is being recovered or disposed of in the country of import; AND
- they obtain consents (including tacit where applicable) from the competent authorities concerned in all countries involved before moving the waste.
N.B. Any requirements making reference to insurance policies against liability for damage to third parties shall stipulate that these include cover for material and immaterial damages including cases of bodily injuries and death.
Section C: The notification
The notification form (Annex IA) and movement form (Annex IB) are the two main documents which need to be completed to apply for a notification for shipments of waste subject to the prior informed consent procedure. A notification must be completed and submitted using the electronic system (DIWASS). When applying for a notification, a notifier is also allowed to indicate if there is a link to a previously consented notification if all details i.e. (source, type and composition of waste, consignee, facility and route) are the same.
ERA recommends that a format of annexes is utilised to supplement the information provided in the said forms. Checklists of the standard information/documentation required by ERA for import, export and transit notifications, in accordance with Annex II of WSR, can be downloaded from this links provided. It is important that all annexes are labelled appropriately.
Kindly refer to the instructions in the following subsections for further information about the main requirements of the notification. If a notification does not include the required information and documentation, there will be delays in the assessment of the notification with the possibility of subsequent dismissal. Templates made available by ERA, to assist in the compilation of a notification for exports of waste from Malta, are also available for download. No changes to these templates are allowed.
- Declaration certifying the existence of the contract between the notifier, consignee and facility [Download Template]
- Contract between the notifier, consignee and facility [Download Template]
- Contract between the notifier and waste producer [Download Template]
- Financial guarantee [Download Template]
- Letter of intent for submission of a financial guarantee or equivalent insurance [Download Template]
- Treatment facility declaration [Download Template]
- Waste carrier declaration (road) [Download Template]
- Waste carrier declaration (rail) [Download Template]
- Waste carrier declaration (sea) [Download Template]
1) Submission of chemical analysis and/or HP criteria assessment
A chemical analysis and/or a desk-based HP criteria assessment, in accordance with Annex 3 of Directive 2008/98/EC, may be requested on a case-by-case basis to assist in the assessment of the composition and hazardous properties of the waste. Any analysis and/or assessment intended for waste classification should be carried out not more than one calendar year before submission of a notification for the export of the said waste. These documents may be requested in case of shipments involving any of the following wastes:
- Dredging waste
- Wastes consisting of mixture whose composition is unknown or not clear.
- Wastes originating from exceptional circumstances including accidents.
- Wastes whose nature or origin is unknown.
- Waste which ERA does not have any previous knowledge upon.
This list is not exhaustive.
2) Technical feasibility and economic viability for shipments of waste for
In case of shipments of waste for disposal, a notifier must demonstrate that the waste cannot be recovered in a technically feasible and economically viable manner, or that it must be disposed of due to legal obligations in Union or international law. For further information about how to demonstrate that these conditions are fulfilled, you may wish to refer to the IMPEL guidance document which lays down detailed criteria for the uniform application of these conditions across the Union.
3) Contracts
A legally enforceable contract between the notifier and consignee has to be submitted if the two establishments are not under the control of the same legal entity. If the consignee is not the operator of the facility, the contract must also list the operator of the facility as an additional party. A contract must include all obligations specified in Article 6 of WSR and shall be concluded and effective at the time of notification and for the duration of the shipment until a certificate is issued in accordance with Article 15(5), Article 16(6) or, where appropriate, Article 15(4) of WSR.
Additional obligations apply if the notified shipment is destined for any subsequent interim and/or non-interim recovery operation(s) or interim and/or non-interim disposal operation(s).
Further additional obligations also apply if the notified shipment consists of the following:
- Export of waste destined for disposal to an EFTA country which is also a Party to the Basel Convention; OR
- Export of non-hazardous waste for recovery to a country to which the OECD Decision does not apply (where such export is subject to the procedure of prior written notification and consent); OR
- Export of waste for recovery to a country outside the Union to which the OECD Decision applies.
In the event that a dealer or broker acts as notifier, a legally enforceable contract between the waste producer and the dealer/broker is also required. This contract must include obligations which need to be fulfilled by both parties and shall be concluded and effective at the time of notification and for the duration of the shipment until a certificate is issued in accordance with Article 15(5), Article 16(6) or, where appropriate, Article 15(4) of WSR.
Contract templates are available for download in the links provided above.
4) Financial guarantee or equivalent insurance
Shipments of waste subject to the prior informed consent procedure must be covered by a financial guarantee or equivalent insurance at the latest at the time of the completion of the movement form. The financial guarantee or equivalent insurance must be established by the notifier or by another natural or legal person on its behalf. In certain cases, competent authorities may decide that a financial guarantee or equivalent insurance must be established at the time of the notification. Its purpose is to ensure that sufficient funds are made available by the notifier to allow the competent authority to dispatch to fulfil take back obligations or to treat the waste in an alternative manner where a shipment cannot be completed as intended or where a shipment is illegal. A financial guarantee or equivalent insurance including form, wording and amount of cover must be approved by the competent authority of dispatch. In certain cases, ERA as competent authority of transit or destination, may also require an additional financial guarantee or equivalent insurance.
All financial guarantees or equivalent insurances submitted to ERA, as competent authority of dispatch, destination or transit, must be issued by a local banking institution or insurance company licensed by the Malta Financial Services Authority and must be in favour of ERA. The original financial guarantee or equivalent insurance must be delivered to ERA, at least four (4) working days before the shipments starts, where it will be kept until its release. ERA may also accept financial guarantees or equivalent insurances covering multiple notifications as long as the appropriate funds are made available.
If the notifier is unable to provide evidence of a financial guarantee or equivalent insurance prior to commencing shipments, a letter of intent may be submitted instead. The letter of intent (i.e. template is available for download) is a declaration from the notifier confirming his/her intentions to submit a financial guarantee or equivalent insurance while the notification is being assessed by the respective competent authorities. The competent authorities concerned may still provide their consent despite no financial guarantee or equivalent insurance is in place. However, shipments cannot commence until the original financial guarantee or equivalent insurance is received and approved by ERA.
The financial guarantee or equivalent insurance must be valid from the time of the completion of the movement form until receipt and acceptance of all certificates issued in accordance with Article 15(5), Article 16(6) or, where appropriate, Article 15(4) of WSR. However, ERA understands that financial institutions may wish to limit their liabilities to specific dates. Therefore, where a financial guarantee or equivalent insurance covers a single shipment or multiple shipments pertaining to one notification, a validity period of two 3/5 years from the date of authorisation is suggested to allow sufficient time for shipments to take place and waste to undergo treatment after the expiry of a notification. Where a financial guarantee or equivalent insurance covers single or multiple shipments pertaining to several notifications, the financial institution shall give a 455 days’ notice in writing of termination to ERA. The Authority may proceed to claim the financial guarantee or equivalent insurance prior to its expiry for any shipments pending disposal/recovery certificates unless within at least fourteen (14) working days prior to expiry:
- the notifier informs ERA in writing about his/her intentions to renew the financial guarantee or equivalent insurance; or
- the original renewed financial guarantee or equivalent insurance is received and approved by ERA.
The assessment of financial guarantees or equivalent insurances is facilitated through their submission in a standard format. For this purpose, template of the financial guarantee and equivalent insurance are available for download. The wording used shall be followed as closely as possible, subject to slight variations to accommodate individual banking/insurance practices or procedures. The use of a non-standard financial guarantee or equivalent insurance or significant variations thereof may result in delays for approval or the rejection of the financial guarantee or equivalent insurance.
Information about the release of a financial guarantee or equivalent insurance is available in the ‘Additional Information’ page of our website.
In order to calculate the amount of a financial guarantee or equivalent insurance, the notifier must provide ERA with the following information:
- Container size;
- Number of active shipments covered by the financial guarantee or equivalent insurance (i.e. the maximum number of shipments that the notifier intends to have in transit and awaiting disposal or recovery, at any one time, subject to the issuing of recovery/disposal certificate/s.);
- Maximum quantity of waste to be covered by each active shipment;
- Disposal/recovery cost per tonne;
- Shipping costs from the facility/storage site in Malta to the recovery/disposal facility abroad; and
- Storage costs for ninety (90) days at the last port of call. Storage arrangements in alternative locations may also be accepted on a case-by-case depending on specific circumstances.
All costs must be provided in euro currency and must reflect the actual costs excluding any discounts based on predetermined agreements or preferential costs which cannot be extended to ERA. The financial guarantee or equivalent insurance covering costs for transport, treatment and storage of waste must be calculated as follows:
Size of financial guarantee or equivalent insurance = N [3(SH+ST) + T (Q)]
- N = number of active shipments
- SH = Cost of shipment from the waste generator to the treatment facility
- ST = Cost of storage for 90 days at the last port of call
- T = Cost of treatment (per tonne)
- Q = Quantity of waste (tonne)
5) Documentation related to the treatment facility(ies)
A signed and dated declaration from the facility confirming that it is duly in possession of a valid environmental authorisation from the relevant competent authority for the receipt of the waste intended for export and to undergo the treatment specified in the notification is required. The validity of this declaration shall not exceed one (1) year from the date of issue. Declaration template is available for download.
Alternatively, if such declaration cannot be submitted, the below requirements apply:
- A copy of the facility’s permit according to Chapter IV of Directive 2008/98/EC. If the recovery or disposal facility is listed in Annex I, Category 5 of Directive 2010/75/EU, a copy of a valid permit issued in accordance with Articles 4 and 5 of that Directive is required. If the facility is not subject to the Directive 2008/98/EC or Directive 2010/75/EU, a copy of the relevant environmental permit under which the latter is authorised to operate is required.
- A declaration issued by the competent authority concerned may also be submitted instead. Such declaration must clearly quote the environmental permit reference number, state that the disposal/recovery facility is currently in possession of a valid environmental permit issued by the competent authority concerned (include details of competent authority) to accept and treat waste classified as EWC Code/s XX XX XX for operation XX (refer to Annexes I & II of Directive 2008/98/EC on waste). Reference to any applicable import state legislation concerning the validity/waste acceptance/treatment operation of the environmental authorisation must also be included.
These requirements apply to all facilities carrying out treatment of waste for a notified shipment including any subsequent interim and/or non-interim facilities.
For any notifications where the competent authority of destination is located outside the Union, ERA reserves the right to accept only a copy of the environmental permit of the facility and any other documents which may be deemed necessary for the assessment of the notification.
Apart from the above requirements related to the environmental permit of the treatment facility(ies), a copy of a valid insurance policy against liability for damage to third parties for the interim/non-interim facility shall also be provided including full terms and conditions.
N.B. Any requirements making reference to insurance policies against liability for damage to third parties shall stipulate that these include cover for material and immaterial damages including cases of bodily injuries and death.
6) Carrier’s documentation
The following documents related to intended carriers have to be included as part of the notification:
- Waste carrier registration/license (only applicable to rail and road carriers): Relevant license certificates (and/or authorisation/registration numbers) of all intended transport companies for the movement of waste according to export/transit/import state law to be provided for each prospective carrier.
- Insurance policy: Copy of a third party liability insurance certificate for transport companies, which must cover damage to third parties including persons arising from the movement of waste. Alternatively, for cargo vessels, a copy of Protection & Indemnity insurance and certificate of entry may be accepted instead.
OR
- If the documents mentioned in points (i) and (ii) cannot be submitted, a letter of declaration (Declarations are available for download) from each carrier confirming that the above requirements are met may also be submitted instead.
N.B. Requirements for bulk carriers may vary on a case-by-case basis.
N.B. ERA may still request further information/documentation pursuant to Part 3, Annex II of WSR on a case-by-case basis, particularly in case of exports of waste outside the Union.
Section C: Prior informed consent procedure
1) Export notifications
- A notification must be submitted by the notifier to the attention of all competent authorities concerned via the electronic system. Where a notified shipment involves third countries and those competent authorities do not have access to the electronic system, the notifier shall ensure that the notification is sent by post, or if appropriate, by fax or e-mail with digital signature, to the competent authority of destination and/or any competent authority of transit outside the Union, unless those authorities have access to the electronic system. In case of e-mail with digital signature, any stamp or signature required shall be replaced by the digital signature. When applicable, this format of communication must be used for all exchanges between the notifier and the competent authorities concerned. It is highly recommended that operators outside the Union register in DIWASS.
- If payment of administrative fees is not completed within ten (10) working days following receipt of a notification, the notification will be dismissed.
- Within ten (10) working days following receipt of a notification and payment of applicable administrative fees, ERA must inform the notifier whether a notification is properly carried out or if additional information and/or documentation is required. If a notification is considered properly carried out, ERA must inform the other competent authorities concerned (i.e. competent authority of destination and any competent authorities of transit) accordingly within the said timeframe.
- If a request for additional information and/or documentation is made by ERA, the notifier must reply within ten (10) working days. An extension of this period may be provided in exceptional cases, where such request is received from the notifer within the said timeframe and accompanied by a valid justification. Requests for an extension will be assessed on a case-by-case basis.
- If after the conclusion of a first request, the additional information and/or documentation is satisfactory, ERA must inform the other competent authorities concerned that the notification is considered properly carried out. If the additional information and/or documentation submitted is still not satisfactory, ERA must send a second request for additional information and/or documentation to the notifier within seven (7) working days. If no additional information and/or documentation is received within the stipulated timeframes, the notification will be dismissed. The notifier must proceed in line with point (iv).
- A final request for additional information and/or documentation in line with point (v) must be carried out in cases where the additional information and/or documentation submitted, following a second request, is still not satisfactory.
- If after the conclusion of a final request, the additional information and/or documentation submitted is still not satisfactory, the notification will be dismissed.
- If the additional information and/or documentation submitted by the notifier following a second or final request by ERA is satisfactory, the latter must inform the other competent authorities concerned accordingly within seven (7) working days.
- Once ERA informs the other competent authorities concerned that a notification is properly carried out, the said competent authorities must inform the notifier whether the notification is properly completed or if additional information and/or documentation is required within ten (10) working days. If a notification involves competent authorities of transit outside the Union, an acknowledgement must be provided by the said competent authority instead of informing whether the notification is properly completed.
- If any request for additional information and/or documentation is received from the other competent authorities concerned, the notifier must reply within ten (10) working days with the possibility of an extension in line with point (iv).
- If the additional information and/or documentation submitted by the notifier to any of the other competent authorities concerned is not considered satisfactory, the competent authority which made the request, may make up to two more requests for additional information and/or documentation which must be sent to the notifier within seven (7) working days following receipt of the additional information and/or documentation from the notifier. The notifier must proceed in line with point (x).
- The other competent authorities concerned may dismiss a notification in cases where no additional information and/or documentation is submitted or if the additional information and/or documentation submitted by the notifier following any request made is not satisfactory.
- If the additional information and/or documentation submitted by the notifier following a second or final request by any of the other competent authorities concerned is satisfactory, the competent authority which made the request must inform the other competent authorities concerned accordingly within three (3) working days.
- If the notification is for shipments destined to a pre-consented facility the timeframes mentioned in points (iii), (iv), (ix) and (x) are shortened to five (5) days and the timeframes mentioned in points (v) and (xi) are shortened to three (3) days.
- In case of an export of waste from Malta for disposal within the Union with transit via third countries which are not Parties to the Basel Convention, ERA must ask these competent authorities whether they wish to send their written consent to the notified shipment within a period agreed between the competent authorities.
- Once the other competent authorities concerned confirm that the notification is properly completed, each competent authority within the Union must communicate its decision, within thirty (30) days after the date on which the notifier has been informed by the competent authority of destination that the notification is properly completed, as follows:
- Consent without conditions;
- Consent with conditions in accordance with Article 10 of WSR;
- Objections in accordance with Article 12 of WSR; and
- Not to consent, where the conditions in Article 11 of WSR are not fulfilled.
- A tacit consent is valid for the period as indicated in the written consent given by the competent authority of destination.
- Tacit consent by the competent authorities of transit within the Union may be assumed if no objection is lodged within thirty (30) days following receipt of confirmation from the competent authority of destination that the notification is properly completed.
- In case a shipment of waste within the Union, a shipment of waste from the Union for disposal to an EFTA country which is also a Party to the Basel Convention or a shipment of non-hazardous waste from the Union for recovery to which the OECD Decision does not apply, includes transit via one or more third countries which are also Parties to the Basel Convention, those competent authorities of transit outside the Union shall have sixty (60) days after the date of transmission of its acknowledgement of receipt of a properly completed notification to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions.
- In case a shipment from the Union and destined for recovery in countries to which the OECD Decision applies includes transit through a country to which the OECD Decision does not apply, the competent authority of transit outside the Union to which the OECD Decision does not apply shall have sixty (60) days after the date of transmission of its acknowledgement of receipt of a properly completed notification to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions
- In case where a shipment of waste within the Union destined for recovery, including shipments between localities in the same Member State, with transit via one or more third countries to which the OECD Decision applies or a shipment of waste from the Union destined for recovery to countries to which the OECD Decision applies, the consent referred from the competent authority(ies) of transit outside the Union may be provided tacitly, and if no objection has been raised and any conditions laid down have been met, the shipment may start thirty (30) days after the date on which the notifier is informed that the notification is properly completed by the competent authority of destination.
- In case a shipment of waste within the Union, a shipment of waste from the Union for disposal to an EFTA country which is also a Party to the Basel Convention or a shipment of non-hazardous waste from the Union for recovery to which the OECD Decision does not apply, includes transit via one or more third countries which are also Parties to the Basel Convention, ERA can only take its decision to consent to the notified shipment only after having received the written consent from the competent authority of destination and, where appropriate, the tacit or written consent of a competent authority of transit (where that transit country is a Party to the Basel Convention) outside the Union, and not earlier than sixty one (61) days after the date of transmission of the acknowledgement of receipt of a properly completed notification from the competent authority of transit outside the Union, unless ERA is in receipt of the written consent from these competent authorities concerned beforehand, in which case ERA may take a decision before that time limit.
- In case of a shipment of waste from the Union to countries to which the OECD decision applies which includes transit through a country to which the OECD Decision does not apply, ERA can only recommend a decision to consent to the shipment only after having received the tacit or written consent from the competent authority of transit of the country to which the OECD Decision does not apply, and not earlier than sixty one (61) days after the date of transmission of the acknowledgement of receipt of a properly completed notification by a competent authority of transit outside the Union, unless ERA is in receipt of the written consent from the competent authorities concerned, in which case ERA may take the decision before that time limit.
2) Transit notifications
- Where a notifier is established within the Union, a notification must be submitted by the notifier to the attention of the competent authorities concerned using the electronic system. If the notified shipment involves third countries and those competent authorities do not have access to the electronic system, the notifier shall ensure that the notification is sent by post, or if appropriate, by fax or e-mail with digital signature, to the competent authority of destination and/or any competent authority of transit outside the Union, unless those authorities have access to the electronic system. In case of e-mail with digital signature, any stamp or signature required shall be replaced by the digital signature. When applicable, this format of communication must be used for all exchanges between the notifier and the competent authorities concerned. It is highly recommended that operators outside the Union register in DIWASS.
- Where a notifier is not established within the Union and has no access to the electronic system, the notification must be submitted by post, or if appropriate, by fax or e-mail with digital signature, to the competent authorities concerned. In case of e-mail with digital signature, any stamp or signature required shall be replaced by the digital signature. Where applicable, this format of communication must be used for all exchanges between the notifier and the competent authorities concerned. If the notified shipment is an import into the Union, the competent authority of destination must ensure that all relevant information is made available on the electronic system.
- Following receipt of confirmation from the competent authority of dispatch that a notification is properly carried out, ERA as competent authority of transit, must inform the notifier whether the notification is properly completed or if additional information and/or documentation is required within ten (10) working days. This also applies to the competent authority of destination and any other competent authorities of transit. If a notification involves competent authorities of transit outside the Union, an acknowledgement must be provided by ERA instead of informing whether the notification is properly completed.
- If payment of the application fee is not completed within ten (10) working days following receipt of confirmation from the competent authority of dispatch that the notification is properly carried out, the notification will be dismissed.
- Within ten (10) working days, following receipt of confirmation from the competent authority of dispatch and payment of the application fee, ERA must inform the notifier whether a notification is properly completed or if additional information and/or documentation is required. If a notification is considered properly completed, ERA must inform the other competent authorities concerned (i.e. competent authority of dispatch, destination and any competent authorities of transit) accordingly within the said timeframe.
- If a request for additional information and/or documentation is made by ERA, the notifier must reply within ten (10) working days. An extension of this period may be provided in exceptional cases, where such request is received from the notifer within the said timeframe and accompanied by a valid justification. Requests for an extension will be assessed on a case-by-case basis.
- If after the conclusion of a first request, the additional information and/or documentation is satisfactory, ERA must inform the other competent authorities concerned that the notification is considered properly completed. If the additional information and/or documentation submitted is still not satisfactory, ERA must send a second request for additional information and/or documentation to the notifier within seven (7) working days. If no additional information and/or documentation is received within the stipulated timeframes, the notification will be dismissed. The notifier must proceed in line with point (vi).
- A final request for additional information and/or documentation in line with point (vii) must be carried out in cases where the additional information and/or documentation submitted, following a second request, is still not satisfactory.
- If after the conclusion of a final request, the additional information and/or documentation submitted is still not satisfactory, the notification will be dismissed.
- If the additional information and/or documentation submitted by the notifier following a second or final request by ERA is satisfactory, the latter must inform the other competent authorities concerned accordingly within three (3) working days.
- If the notification is for shipments destined to a pre-consented facility the timeframes mentioned in points (v) and (vi) are shortened to five (5) working days and the timeframe mentioned in point (vii) is shortened to three (3) working days.
- Once all competent authorities concerned confirm that the notification is properly completed, each competent authority within the Union must communicate its decision, within thirty (30) days after the date on which the notifier has been informed by the competent authority of destination that the notification is properly completed, as follows:
- Consent without conditions;
- Consent with conditions in accordance with Article 10 of WSR;
- Objections in accordance with Article 12 of WSR; and
- Not to consent, where the conditions in Article 11 of WSR are not fulfilled.
- A tacit consent is valid for the period as indicated in the written consent given by the competent authority of destination.
- Tacit consent by the competent authorities of transit within the Union may be assumed if no objection is lodged within thirty (30) days following receipt of confirmation from the competent authority of destination that the notification is properly completed.
- In case a shipment of waste within the Union, a shipment of waste from the Union for disposal to an EFTA country which is also a Party to the Basel Convention, a shipment of non-hazardous waste from the Union for recovery to which the OECD Decision does not apply or a shipment of waste into the Union or a shipment of waste through the Union from and to third countries, includes transit via one or more third countries which are also Parties to the Basel Convention, those competent authorities of transit outside the Union shall have sixty (60) days after the date of transmission of its acknowledgement of receipt of a properly completed notification to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions.
- In case a shipment from the Union destined for recovery in countries to which the OECD Decision applies includes transit through a country to which the OECD Decision does not apply, the competent authority of transit outside the Union to which the OECD Decision does not apply shall have sixty (60) days after the date of transmission of its acknowledgement of receipt of a properly completed notification to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions
- In case of a shipment of waste within the Union destined for recovery, including shipments between localities in the same Member State, with transit via one or more third countries to which the OECD Decision applies, a shipment of waste from the Union destined for recovery to countries to which the OECD Decision applies or a shipment of waste into the Union destined for recovery from and through countries to which the OECD Decision applies, the consent referred from the competent authority(ies) of transit outside the Union may be provided tacitly, and if no objection has been raised and any conditions laid down have been met, the shipment may start thirty (30) days after the date on which the notifier is informed that the notification is properly completed by the competent authority of destination.
- In case of a shipment of waste into the Union for recovery from countries to which the OECD Decision applies or from other areas during situations of crises or war, the consent from the competent authority of dispatch outside the Union may be provided in the form of a tacit consent.
3) Import notifications
- Where a notifier is established within the Union, a notification must be submitted by the notifier to the attention of the competent authorities concerned using the electronic system. If the notified shipment involves third countries and those competent authorities do not have access to the electronic system, the notifier shall ensure that the notification is sent by post, or if appropriate, by fax or e-mail with digital signature, to the competent authority of destination and/or any competent authority of transit outside the Union, unless those authorities have access to the electronic system. In case of e-mail with digital signature, any stamp or signature required shall be replaced by the digital signature. When applicable, this format of communication must be used for all exchanges between the notifier and the competent authorities concerned. It is highly recommended that operators outside the Union register in DIWASS.
- Where a notifier is not established within the Union and has no access to the electronic system, the notification must be submitted by post, or if appropriate, by fax or e-mail with digital signature, to the competent authorities concerned. In case of e-mail with digital signature, any stamp or signature required shall be replaced by the digital signature. Where applicable, this format of communication must be used for all exchanges between the notifier and the competent authorities concerned. If the notified shipment is an import into the Union, ERA as competent authority of destination, must ensure that all relevant information is made available on the electronic system.
- Following receipt of confirmation from the competent authority of dispatch that a notification is properly carried out, ERA as competent authority of destination, must inform the notifier whether the notification is properly completed or if additional information and/or documentation is required within ten (10) working days. This also applies to any their competent authorities of transit.
- If payment of the application fee is not completed within ten (10) working days following receipt of confirmation from the competent authority of dispatch that the notification is properly carried out, the notification will be dismissed.
- Within ten (10) working days, following receipt of confirmation from the competent authority of dispatch and payment of the application fee, ERA must inform the notifier whether a notification is properly completed or if additional information and/or documentation is required. If a notification is considered properly completed, ERA must inform the other competent authorities concerned (i.e. competent authority of dispatch, destination and any competent authorities of transit) accordingly within the said timeframe.
- If a request for additional information and/or documentation is made by ERA, the notifier must reply within ten (10) working days. An extension of this period may be provided in exceptional cases, where such request is received from the notifer within the said timeframe and accompanied by a valid justification. Requests for an extension will be assessed on a case-by-case basis.
- If after the conclusion of a first request, the additional information and/or documentation is satisfactory, ERA must inform the other competent authorities concerned that the notification is considered properly completed. If the additional information and/or documentation submitted is still not satisfactory, ERA must send a second request for additional information and/or documentation to the notifier within seven (7) working days. If no additional information and/or documentation is received within the stipulated timeframes, the notification will be dismissed. The notifier must proceed in line with point (vi).
- A final request for additional information and/or documentation in line with point (vii) must be carried out in cases where the additional information and/or documentation submitted, following a second request, is still not satisfactory.
- If after the conclusion of a final request, the additional information and/or documentation submitted is still not satisfactory, the notification will be dismissed.
- If the additional information and/or documentation submitted by the notifier following a second or final request by ERA is satisfactory, the latter must inform the other competent authorities concerned accordingly within three (3) working days.
- Once all competent authorities concerned confirm that the notification is properly completed, each competent authority within the Union must communicate its decision, within thirty (30) days after the date on which the notifier has been informed by ERA (as competent authority of destination) that the notification is properly completed, as follows:
- Consent without conditions;
- Consent with conditions in accordance with Article 10 of WSR;
- Objections in accordance with Article 12 of WSR; and
- Not to consent, where the conditions in Article 11 of WSR are not fulfilled.
- A tacit consent is valid for the period as indicated in the written consent given by the ERA as competent authority of destination.
- Tacit consent by the competent authorities of transit within the Union may be assumed if no objection is lodged within thirty (30) days following receipt of confirmation from the competent authority of destination that the notification is properly completed.
- In case a shipment of waste within the Union or a shipment of waste into the Union, includes transit via one or more third countries which are also Parties to the Basel Convention, those competent authorities of transit outside the Union shall have 60 days after the date of transmission of its acknowledgement of receipt of a properly completed notification to provide, if the country concerned has decided not to require prior written consent and has informed the other Parties to the Basel Convention thereof in accordance with Article 6(4) of that Convention, tacit consent or to give a written consent with or without conditions.
- In case where a shipment of waste within the Union, including shipments between localities in the same Member State, with transit via one or more third countries to which the OECD Decision applies or a shipment of waste into the Union destined for recovery from and through countries to which the OECD Decision applies, the consent from the competent authority(ies) of transit outside the Union may be provided tacitly, and if no objection has been raised and any conditions laid down have been met, the shipment may start thirty (30) days after the date on which the notifier is informed that the notification is properly completed by the competent authority of destination.
- In case of a shipment of waste into the Union for recovery from countries to which the OECD Decision applies or from other areas during situations of crises or war, the consent from the competent authority of dispatch outside the Union may be provided in the form of a tacit consent.
Section D: Export/transit/import of end-of-life vessels or other floating structures for recovery/disposal
In case of shipment of waste involving end-of-life vessels or other floating structures (please refer to the definition laid down in Regulation (EU) 1257/2013 on ship recycling) kindly contact the TFS Permitting Team via e-mail on [email protected] to obtain further information about applicable requirements.
Section E: Compliance Following Authorisation
The notifier is responsible for all information provided in the notification. Any wrong or false declarations and/or information will be investigated accordingly. Shipments of waste may only take place after the requirements stipulated in Article 16(1) to (4) of WSR are satisfied and if the following conditions are fulfilled:
- the notifier has received written consent from the competent authorities of dispatch, destination and, where appropriate, transit and the conditions laid down in those consents or their annexes have been met; AND
- a contract between the notifier and the consignee as referred to in Article 6 of WSR has been concluded and is effective; AND
- a financial guarantee or equivalent insurance as referred to in Article 7 of WSR has been established and is effective; AND
- waste management in an environmentally sound manner as referred to in Article 59 of WSR is ensured.
ERA reserves the right to suspend or withdraw its consent and to inform the notifier and all competent authorities concerned in writing in case of any infringements or for any reason deemed appropriate. For further information about requirements following consent and/or compliance and enforcement related to shipments of waste please refer to the relevant webpage on our website or you may contact the Compliance & Enforcement Unit on [email protected].



