Recital 46

(46) It is necessary to establish strict rules concerning the export for recovery of non-hazardous waste to third countries to which the OECD Decision does not apply, in order to ensure that such waste does not cause damage to the environment and human health in these countries. Under these rules, export from the Union should be allowed only for waste that is not already covered by the prohibition of exports of hazardous waste and certain other wastes destined for recovery in third countries to which the OECD Decision does not apply, and only to countries included in a list drawn up and to be updated by the Commission, when those countries have submitted a request to the Commission stating their willingness to receive certain non-hazardous wastes or mixtures of non-hazardous wastes from the Union and demonstrating their ability to manage such waste in an environmentally sound manner, on the basis of criteria laid down in this Regulation. Such criteria should include compliance with international labour and workers’ rights conventions. As Member States could ratify more such conventions in the future, the Commission should be empowered to add relevant conventions to the criteria in this Regulation. Exports to countries other than those included in the list to be drawn up by the Commission should be prohibited. To ensure sufficient time for the transition to this new regime, a transitional period of three years after the date of entry into force of this Regulation should be provided for. In particular when establishing and updating the list of countries to which the OECD Decision does not apply and to which export of non-hazardous waste from the Union for recovery is authorised, the principle of equality in Union law should be applied and its application monitored.

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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.