Recital 22

(22) In order to support the achievement of targets to increase recycling and reduce disposal of waste set out in Directive 2008/98/EC and Council Directive 1999/31/EC (14), all shipments of waste destined for disposal in another Member State should be prohibited as a general rule. Shipments of waste destined for disposal should be allowed only in exceptional cases where certain conditions are fulfilled. In those cases, Member States should take into account the principles of proximity and self-sufficiency at Union and national levels, in accordance with Directive 2008/98/EC, and in particular Article 16 of that Directive, as well as the priority for recovery. Member States should also be able to ensure that the waste disposal facilities covered by Directive 2010/75/EU of the European Parliament and of the Council (15) apply best available techniques as defined in that Directive in compliance with the permit of the facility, and that the waste is treated in accordance with human health and environmental protection requirements in relation to disposal operations established in Union legislation. Furthermore, in order to support the implementation of the provisions set out in Directive 2008/98/EC to increase the separate collection of waste and reduce the generation of mixed municipal waste, shipments of mixed municipal waste to another Member State should be subject to particular scrutiny. Shipments of such waste for recovery should be subject to the procedure of prior written notification and consent and shipments of such waste for disposal should be prohibited. Those requirements for shipments destined for recovery and the prohibition of shipments destined for disposal should cover also mixed municipal waste that has been subject to a waste treatment operation that has not substantially altered its properties, such as refuse-derived fuel processed from mixed municipal waste, classified under the waste code 19 12 10 in the list of waste referred to in Article 7 of Directive 2008/98/EC. In line with the waste hierarchy and the principles of proximity and self-sufficiency, Member States should ensure that such waste is prevented in the first place, and collected and sorted in the second place, with a view to separating different fractions for recovery and only considering disposal for those residues that have no other potential than to be disposed of.

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Source: EUR-Lex (Cellar) · retrieved 2026-11-03 · Text as adopted (Official Journal); later amendments are not incorporated in this text.