Action plan for waste export to China

Disposal or recovery

Disposal

The Regulation (EC) No 1013/2006, hereafter called WSR is clear about the export of waste for disposal. Article 34 of the WSR forbids the export for disposal operations outside the EU except to EFTA-countries. Thus waste shipment from the EU to China for disposal is prohibited (Article 34 WSR).

Recovery

The requirements for waste shipments destined for recovery depend on the type of waste and the destination.

Hazardous or non-hazardous

Waste for recovery can be classified as:

  • hazardous waste
  • non-hazardous green listed waste
  • non-hazardous waste of Annex IIIB and non-listed waste

Hazardous waste for recovery

Export of hazardous waste from EU to non-OECD countries, like China, is prohibited (Article 36 WSR).
This includes:

  • waste listed as hazardous in Annex V of the WSR (Annex VIII of the Basel Convention)
  • waste listed in Annex V, Part 3 of the WSR (e.g. waste collected from households)
  • hazardous waste not classified under one single entry in Annex V of the WSR
  • mixtures of hazardous waste and mixtures of hazardous waste with non-hazardous waste not classified under one single entry in Annex V of the WSR
  • waste that the country of destination has notified to be hazardous under Article 3 of the Basel Convention
  • waste, the import of which has been prohibited by the country of destination or
  • waste which the competent authority of dispatch has reason to believe will not be managed in an environmentally sound manner, as referred to in Article 49, in the country of destination concerned.

See also List of OECD-countries.

Non-hazardous waste of Annex III and IIIA (green list) for recovery

Non-hazardous waste of Annex III (Green list) and Annex IIIA (mixtures of Annex III) of the WSR intended to be shipped for recovery shall be subject to the following procedural requirements (Article 18 WSR):

  • The waste has to be accompanied by the document contained in Annex VII of the WSR. The document shall be filled in completely and signed by the person who arranges the shipment.
  • The waste has to be accompanied by the document contained in Annex VII of the WSR. The document shall be filled in completely and signed by the person who arranges the shipment
  • Download form Annex VII and Explanatory notes to Annex VII
  • The person who arranges the shipment will have to conclude a contract with the consignee for recovery of the waste wich states the obligations and responsibilities, in case the shipment or recovery cannot be completed

The European Commission has sent a written request to each non-OECD country with the purpose to seek confirmation  that the waste of Annex III and IIIA may be exported from the Community for recovery in that country. The countries of destination can give  an indication as to which control procedure, if any, would be followed in the country of destination (Article 37 WSR).

The answers of those countries are implemented in Commission Regulation (EC) No 1418/2007. Please check the website of the Commission for the actual updates. See also Waste shipments (EC).

Main part of these regulations are tables with the requirements for each type of waste to each non-OECD country. The headings of the columns in this Annex refer to the following:

  • prohibition;
  • prior written notification and consent as described in Article 35 WSR;
  • no control in the country of destination;
  • other control procedures will be followed in the country of destination under applicable national law.

As for the waste included in column (c), the general information requirements laid down in Article 18 WSR apply mutatis mutandis unless a waste is also included in column (b).

China has answered this request and has also sent a position paper with information about procedures for import en export of solid waste in China. The result of the implementation of China's answer is that several types of waste are mentioned in column (a) (prohibition) and others are mentioned in column (d) (other control procedures). The additional requirements for China in reference to column (d) are being declared in a position paper of China.
The complete questionnaires and the position paper can be downloaded from the website of DG Trade.

Waste shipments to China shall have the following licenses/certificates:

  • Waste import licence (SEPA/MEP licence)
  • Licence for overseas supplier enterprise (AQSIQ licence)
  • Pre-shipment inspection certificate

See also Notification procedure international shipment of waste.

Non-hazardous waste of Annex IIIB and non-listed for recovery

In the case of shipments of non hazardous wastes of Annex IIIB and non listed hazardous wastes to china for recovery the notification procedure mentioned in Article 37, paragraph 1, under b), should be followed.

For the Netherlands NL Agency the authority to give consent on the notifications. More information and documents, which may be helpful in planning your international waste shipment and submitting a notification, can be found at Guidelines for Submitting a Notification.

The notifier is advised to add a copy of the valid MEP (SEPA) license to the notification documents. NL Agency will check at the Chinese authorities the validity of the license. A confirmation of  the Chinese authorities  is considered as the permission of the Chinese authority, which means that it is not necessary for the Human Environment and Transport Inspectorate to wait 61 before taking the final decision.