Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-Table-III.9 |
European Union |
2017 |
Measures |
Import licences |
Chemicals, Other |
Relevant information
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Table 3.9 Products subject to import licensing, 2017
Product Regime Automatic/non-automatic Legislation
Ozone-depleting substances To control prohibited or restricted ODS goods Non-automatic Regulation (EC) No. 1005/2009
(...)
Shipment of waste To control the import of waste and hazardous waste pursuant to the Basel Convention Automatic Regulation (EC) No. 1013/2006
(...)
Endangered species (CITES) To control imports of endangered species listed in Appendices I, II, and III of CITES Non-automatic Council Regulation (EC) No. 338/97 and Commission Regulation (EC) No. 1320/2014
(...)
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Keywords
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Waste
Hazardous
Endangered
MEAs
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§81 |
European Union |
2017 |
Measures |
Ban/Prohibition, Export licences |
Not specified |
Relevant information
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The EU maintains restrictions and prohibitions on exports to some countries and/or regions on the basis of foreign and security policy, and on some goods on the grounds of safety, the environment, public morality, public policy or public security, or of the protection of the health and life of humans, animals and plants, of national treasures possessing artistic, historic or archaeological value, or of industrial and commercial property, as well as compliance with international conventions. In addition, capital and payment transactions with some economic regions and specific persons, organizations or institutions may be restricted.
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Keywords
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§82 |
European Union |
2017 |
Measures |
Ban/Prohibition, Export licences |
Chemicals, Other |
Relevant information
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(...) The list of QRs that are currently in force are contained in the most recent EU notification to the WTO. Salient export restrictions in the notification refer to: the banning of the exports of metallic mercury and certain mercury compounds; the prohibition or restriction of the export of certain hazardous chemicals; and restrictions on the export of waste.
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Keywords
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§98 |
European Union |
2017 |
Measures |
Conformity assessment procedures, Risk assessment |
Other |
Relevant information
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According to the Commission, around 25% of waste shipments sent from the EU to developing countries in Africa and Asia may be thought to contravene international regulations. The amendment to the waste shipment regulation (WSR) introduced through Regulation (EU) No. 660/2014 required member States to establish inspection plans for waste shipments by 1 January 2017. These inspections plans shall include a minimum set of elements and shall be based on a risk assessment.
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Keywords
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§99 |
European Union |
2017 |
Measures |
General environmental reference |
Other |
Relevant information
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According to data from 2012, around 400,000 tonnes of Waste Electrical and Electronic Equipment (WEEE) could be illegally exported out of the EU annually. When waste arrives illegally at a destination country, that waste is often dumped or mismanaged in a way that causes serious negative impacts on human health and the environment.\
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Keywords
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§100 |
European Union |
2017 |
Measures |
General environmental reference |
Other |
Relevant information
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The significantly lower costs for waste treatment and disposal in developing countries is an important economic driver for illegal waste shipments. These lower costs are mainly a result of less stringent environmental and health regulation than in the EU, and indeed complete side-stepping of controls in some cases. If recycling standards and capacity are not adequate in the country of destination, potential environmental and health hazards are simply being exported to other parts of the world.
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Keywords
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Environment
Waste
Recycle
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§101 |
European Union |
2017 |
Measures |
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Other |
Relevant information
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As noted in the previous Review, the EU WSR bans all exports of hazardous waste to non-OECD countries and all exports of waste for disposal outside the EU/EFTA. Illegal waste shipments must be taken back when detected. The WSR allows non-hazardous waste to be exported for recovery operations outside the OECD but requires national authorities to verify that it will be managed in an environmentally sound manner in facilities that are operated in accordance with standards that are broadly equivalent to standards established in the EU. The WSR requires member States to lay down rules on the penalties applicable for the infringement of its provisions. The penalties provided for must be effective, proportionate and dissuasive. The WSR also requires member States to cooperate, bilaterally and multilaterally, with one another in order to facilitate the prevention and detection of illegal shipments.
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Keywords
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Hazardous
Waste
Environment
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§102 |
European Union |
2017 |
Measures |
Import licences |
Other |
Relevant information
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Whether a shipment is authorized under the WSR (waste shipment regulation), and under what conditions, depends on the cross-border movement, the processing method, the type of waste and the country of destination. EU legislation imposes stricter requirements on some types of waste than others, depending on the environmental and health risk. In the case of e-waste for example, the EU introduced the so-called Waste Electrical and Electronic Equipment (WEEE) Directive in order to prevent and reduce the adverse impacts from the generation and management of WEEE. This Directive came into force in 2003 and was recast in 2012.
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Keywords
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§103 |
European Union |
2017 |
Measures |
Conformity assessment procedures, Risk assessment |
Other |
Relevant information
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The EU has introduced extensive amendments to both the WSR [100] (in 2014) and the WEEE Directive (in 2012) concerning inspections and enforcement. Amendments to the WSR introduced in June 2014 will not fully come into force until 2017. [102] These amendments have the potential to improve inspection and enforcement on the ground, to the extent that the individual member States are willing and able to provide the necessary budgetary and staff resources to implement the new provisions effectively. As the Commission has pointed out, while some member States have thorough, well-functioning inspection systems targeting either illegal waste shipments in ports or on the sites of waste producers and collectors, others lag behind. This leads to "port hopping" – exporters of illegal waste choosing to export their waste from member States with the most lenient controls.
[100] In 2013, the Commission proposed a revision to the WSR to provide for stronger national inspections of waste shipments, which was officially adopted in 2014 as Regulation (EU) No. 660/2014 of 17 July 2014. OJ L 189 of 27 June 2014, pp. 135–142.
[102] By 1 January 2017, member States were to have established inspection plans, including the objectives and priorities of the inspections, the geographical area covered by the inspection plans and the tasks assigned to each authority involved. The inspection plans must be based on a risk assessment carried out for specific waste streams and sources of illegal shipments. They are to be regularly reviewed and updated at least every three years.
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Keywords
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Secretariat TPR |
WT/TPR/S/357/REV.1 |
S-III§104 |
European Union |
2017 |
Measures |
Other measures |
Other |
Relevant information
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In July 2016, the Commission adopted an implementing regulation [103] setting out a preliminary correlation table between customs and waste codes. The table, which has been integrated in the customs' TARIC database, is expected to serve as a tool to assist in curbing illegal exports of waste out of the EU. This regulation is in line with the further measures foreseen by the Commission in its Circular Economy Action Plan adopted on 2 December 2015 to help ensure that the WSR is effectively implemented and that illegal shipments causing raw material leakage are addressed more effectively.
[103] Commission Implementing Regulation (EU) No. 2016/1245 of 28 July 2016 setting out a preliminary correlation table between codes of the CN provided for in Council Regulation (EEC) No. 2658/87 and entries of waste listed in Annexes III, IV and V to Regulation (EC) No. 1013/2006 of the European Parliament and of the Council on shipments of waste. OJ L 204/11 of 29 July 2016.
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Keywords
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