Shipping green list waste

Classification of waste as so-called green waste

All waste classified as green waste is listed in the EU regulation on shipments of waste. The so-called green waste codes are available in Annexes III, IIIA, IIIB and Annex V, Part 1, List B of the regulation. Please note that some of the codes in Annexes III and IIIA are reserved only for intra-EU or OECD shipments. If no suitable green waste code is included in the list, a waste shipment permit must be applied for the shipment.

So-called green waste must be sufficiently pure. As a rule, the purity must be at least 90% by weight, but stricter requirements can also be applied to certain types of waste (e.g. plastic waste, electrical and electronic waste). In addition, different countries may have national requirements for purity.

Even if the waste is included in the so-called green waste list, it may not be subject to the green waste shipment procedure. Waste does not meet the so-called green waste requirements if it is contaminated by other substances that are hazardous and/or that prevent the recovery of waste in an environmentally acceptable way.

The opinions of the authorities of different countries on the classification of green waste may be different. The waste exporter is obliged to determine the procedure to follow in the shipment.

Who is exporting and to whom?

The person who arranges the shipment (exporter) of so-called green waste may only be a natural or legal person under the jurisdiction of the country of dispatch, such as:

(a) the original producer, or
b) the licensed new producer who carries out operations prior to shipment, or
c) a licensed 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
d) a registered dealer who has been authorised in writing by the original producer, new producer or licensed collector specified in (a), (b) and (c) to act on his/her behalf as notifier, 
e) a registered broker who has been authorised in writing by the original producer, new producer or licensed collector specified in (a), (b) and (c) to act on his/her behalf as notifier, 
(f) the waste holder if all the persons mentioned above are unknown or insolvent.

In Finland, the exporter can be a company established in Finland that engages in continuous business or professional activities from a Finnish establishment and has a Finnish business ID.

Similarly, the recipient must be under the jurisdiction of the receiving country. In addition, if the recipient is other than the receiving establishment, such as a trader or an intermediary, it must own or have legal control over the waste at the time the shipment arrives in the country of destination. The recipient must be located in the same country as the waste recovery facility.

Exports outside the OECD: check import restrictions in the receiving country

If exports are destined outside the OECD countries, the requirements of the country of destination for imports must be verified from Commission Regulation (EC) No. 1418/2007. The regulation lists by country and waste code whether the receiving country:

(a) has banned the importation of the waste concerned;
(b) requires a waste shipment permit for imports;
(c) does not follow any control procedures;
(d) has other requirements for imports based on the national legislation of the country concerned.

If the country does not comply with any control procedures, or if imports are subject to national requirements (sections (c) and (d)), the green waste shipment procedure required by the EU must be followed in any case. National import requirements for the destination country (d) must be determined by the exporter. Not all green waste codes are mentioned in the regulation for all countries. If the code of the waste to be exported is not available for the destination country, a waste shipment permit must be applied for the shipment.

Exports outside the EEA: proving appropriateness

Where waste is shipped to a country outside the EEA for treatment, the exporter must be able to demonstrate that the treatment of the waste outside the EEA is appropriate. This means that the treatment of waste complies with the requirements of the regulation on shipments of waste and takes place in conditions that largely comply with the requirements laid down in relevant EU environmental legislation. 

Agreement with recipient

For shipments of so-called green waste, the sender and the recipient must conclude an agreement that meets the conditions below. The agreement must be presented on request to the authorities supervising waste shipments. The agreement must be valid at the beginning of the shipments.

It must be agreed in the agreement that if waste shipments and waste recovery cannot be carried out as agreed or if an illegal waste shipment takes place, it is the responsibility of the person who arrangens the shipment (exporter) to take back the waste and ensure that the waste is recovered in an alternative way or that it is properly stored where necessary. If, for some reason, the sender of the waste is unable to carry out the shipments or recovery as agreed, or if an illegal shipment takes place, the recipient is responsible for organising the recovery or storage of the waste. The Finnish Environment Institute has prepared a so-called green shipment agreement template for companies.

Organising transports

Only transporters registered as carriers of waste may be used for shipments of waste. In Finland, the requirement is that carriers are registered with the waste carrier register  of FInland. In Finland, registration is the responsibility of the Centre for Economic Development, Transport and the Environment (ELY Centre). Please note that some countries also require registration with the register in their country. 

Register for waste carriers and brokers in Finland

Shipment document accompanying green shipments

In the case of shipments of so-called green waste, the person who arranges the shipment (exporter) must ensure that the green list waste shipment document (Annex VII of the regulation on shipments of waste) accompanies the shipments. The document must be presented to the supervisory authorities upon request.

Preservation of documents

All documents related to the shipment must be preserved by the person who arranges the shipment, the importer and the recovery facility for at least three years from the starting date of the shipment.

Waste recipient

In general, the recipient is a treatment plant, but the recipient may also be a dealer or a broker. The waste broker acting as the recipient must be registered with the waste management register.

In international shipments of waste, the recipient (importer) must be under the jurisdiction of the country of destination and own the waste or have legal control of the waste at the time the shipment arrives in the country of destination. In Finland, a company that is established in Finland, engages in continuous business or professional activities from a Finnish establishment and has a Finnish business ID is considered to be subject to the Finnish jurisdiction.

Agreement with the waste shipment organiser

In so-called green waste shipments, the person who arranges the shipment (exporter) is responsible for the correct classification of the waste and for ensuring that the procedures required for shipments are followed. In other words, the shipment document (Annex VII) accompanies the shipment, and the waste shipment agreement is concluded and valid at the beginning of the shipments.

The recipient is responsible for signing the waste shipment agreement in accordance with the regulation on shipments of waste. The agreement must be valid at the beginning of the shipment.

It must be agreed in the agreement that if waste shipments and recovery cannot be carried out as agreed, or if an illegal waste shipment takes place, or if, for any reason, the person who arranges the shipment is unable to carry out the shipment or recovery in the intended manner, the importer shall be responsible for

• take the waste back and ensure that the waste is recovered in an alternative way; and
• provide, if necessary, for its storage in the meantime.

Organising transports

Only transporters registered as carriers of waste may be used for shipments of waste. In Finland, the requirement is that carriers are registered with the waste carrier register of Finland. In Finland, registration is the responsibility of the Centre for Economic Development, Transport and the Environment (ELY Centre). Please note that some countries also require registration with the register in their country. 

Register for waste carriers and brokers in Finland

Confirmation of the receipt of waste

The waste batch is confirmed as received on arrival by signing the correct section of the shipment document. As a rule, it is sufficient that the treatment facility confirm the receipt in field 14 of the shipment document. If the recipient is not a treatment facility and the importer is responsible for the waste when it arrives in the country of destination, the importer’s confirmation of receipt is also required in field 13.

Preservation of documents

It is the responsibility of the importer and the treatment facility to preserve all documents relating to the shipments for at least three years from the starting date of the shipment.