Illegal waste trafficking
Legal Framework
At the international level, waste trafficking is regulated by the Basel Convention of 1989 on the control of transboundary movements of hazardous waste and their disposal, with the Fourth ACP-EEC Convention signed at Lomé in 1989, and with several acts of the OECD Council. The Basel Convention applies when waste is transported from an area under the national jurisdiction of a State party thereto to an area under the national jurisdiction of another State party thereto. The latter classifies waste according to its possible adverse impact on health and the environment into three lists, green, orange and red; this classification determines the rules applicable to waste transfers within the EU as well as to third countries.
Movements between the Member States
Except for shipments of waste on the “green” list destined to be recovered, all shipments of waste are subject to prior notification to the competent authority of dispatch, and through such authority, to the competent authority of destination, and to both such authorities’ consent, following a general approach, the rigorousness of which increases with the potential nuisances incurred in relation to the considered waste and treatment, and which may be summarised as follows (Article 4):
| Classification OECD / Purpose |
Recovery |
Disposal |
| Green | Simple requirement of the movement document | Prior authorisation |
| Orange | Tacit consent possible | Prior authorisation |
| Red | Prior authorisation | Prior authorisation |
The shipper of the waste must enter into a contract with its consignee pursuant to which the said shipper shall take the waste back if the shipment, the recovery or the disposal is not completed as intended or if it is affected as an illegal shipment (Article 5). A financial guarantee or equivalent insurance must be provided for the costs of transport of the waste, of its recovery or disposal, and of its storage for the duration of 90 days (Article 6).
In the case of a shipment within a Member State, an “appropriate system” for the supervision and control of shipment of waste must be implemented, and it must comply with the EU system (Article 33).
Shipments to or from third countries
Exports of waste from the EU to third-countries and for the purpose of the disposal of such waste are prohibited, except to EFTA countries which are also parties to the Basel Convention and which do not prevent such imports (Article 34). Exports of waste destined for recovery are generally possible if the concerned waste is on the “green list”, and subject to prior consultation with the country of destination (Article 37).
Exports of hazardous wastes on the “red” and “orange” lists destined to be recovered are prohibited, especially to countries which do not apply the OECD Decision C(2001)107/Final on control of transboundary movements of waste intended for the recovery operation. Exports to countries which do apply this OECD Decision are possible for particular wastes on the “green” and “orange” lists (Article 36). Exports of waste to the Antarctic are prohibited (Article 39), as well as to overseas countries or territories, with some derogations in the case of recovery (Article 40).
Imports in the EU of waste destined for disposal are possible within a conventional framework as well as where, during situations of crisis, peace-making, peacekeeping or war, no bilateral agreements or arrangements can be concluded or where a competent authority in the country of dispatch either has not been designated or is unable to act (Article 41). By contrast, in addition to these specific situations, the import of waste for recovery is possible as well if it is imported from countries to which the above-mentioned OECD Decision applies (Article 43). The rules applicable to transfers within the EU apply mutatis mutandis (Article 42 and Article 44).