The European Commission has published a notice to stakeholders that states all exports of waste for disposal and the export of mixed municipal waste for recovery from the EU-27 to the UK will be prohibited if the UK exits the EU with “no deal”.
It states the UK would become what it calls a “third country” and that “all Union primary and secondary law will cease to apply”.
It says unless the UK were a member of the European Free Trade Association (EFTA) and a party to the Basel Convention, waste for disposal and the export of mixed municipal waste for recovery from the EU-27 to the UK will be prohibited.
Imports of waste into the EU-27 from a third country party to the Basel Convention remains allowed, subject to the requirements set out in Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste.
The stakeholder briefing states: “In view of the considerable uncertainties, in particular concerning the content of a possible withdrawal agreement, relevant stakeholders are reminded of legal repercussions, which need to be considered when the United Kingdom becomes a third country.”
It states that where recovery of waste generated by the EU-27 takes place outside the EU, member states can count that waste towards the fulfilment of their EU waste management targets, depending on the treatment conditions outside the EU.
If a part of the Basel Convention, the UK would be permitted to export waste into the EU-27.
