Customs aspects of cross-border waste shipments

Interview with Maître Evguenia DEREVIANKINE , Partner, PARADIGMES law firm

Interview by Monsieur Ghenadie RADU , Doctor of Laws, Altaprisma

Dr Ghenadie RADU: Thank you for taking the time to grant me this interview. Could you please introduce yourself briefly?

Me Evguenia DEREVIANKINE : Lawyer specializing in customs law, international trade and environmental law, I focus on the regulations governing trade, the life cycles and the movement of goods and waste.

Dr Ghenadie RADU : Could you briefly outline the regulatory framework for cross-border waste shipments?

Me Evguenia DEREVIANKINE : Waste is a special category of goods. Its movement in general, and cross-border shipments in particular – including those within the European Union – are governed by specific regulations.

The framework for the regulations governing cross-border shipments of waste is laid down by the Basel Convention of 22 March 1989 on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal. To date, the Convention has been signed by 191 countries, including the European Union.

Alongside the Basel Convention, there are regional arrangements (bilateral and multilateral) which supplement the Convention or lay down specific rules for certain transfers between the States Parties to those arrangements. Among such arrangements is the OECD Decision on the Control of Transboundary Movements of Wastes Intended for Recovery Operations, C(92)39/FINAL (revised). As the European Union is a member of the OECD, this decision applies to it.

Finally, the Basel Convention and regional arrangements are supplemented by national regulations, which may impose specific rules on certain transfers.

Shipments involving the territory of the European Union are governed by Regulation (EU) 2024/1157 on cross-border shipments of waste. This Regulation ensures the implementation, at European level, of the Basel Convention and the OECD Decision, and lays down specific rules for certain shipments.

Dr Ghenadie RADU: What are the main difficulties faced by companies involved in cross-border waste shipments when implementing this regulatory framework?

Me Evguenia DEREVIANKINE : Many difficulties arise.

Some difficulties are purely legal in nature.

Thus, for example, there is no uniform international definition of ‘waste’. The Basel Convention does not define ‘waste’, and each signatory country retains the sovereign right to determine what does and does not fall within this concept. In the event of a disagreement between the countries involved in the shipment regarding the classification of the item being shipped, the regulations governing waste shipments apply. Anticipating such a disagreement is no easy task, given that access to foreign regulations is often difficult. However, those involved in the transfers are expected to be familiar with them; failure to do so risks rendering the entire transfer unlawful, an offence punishable under criminal law in most legal systems.

Another legal difficulty stems from the fact that ‘waste’ is sometimes defined by reference to criteria that are difficult to grasp. In the European Union, for example, ‘waste’ is defined, amongst other things, by reference to the intention of the first party in the chain of transfers. Thus, it is sufficient for that person to dispose of an item because it is no longer of any use to them for it to be automatically classified as waste – even if the disposal takes place in return for payment! It goes without saying that this definition gives rise to numerous disputes, as some participants in the waste transfer chain are simply unaware that they are handling waste…

La situation est encore moins simple pour les objets ayants cessé d’être des déchets. Le concept de « sortie du statut de déchet » est connu dans certains systèmes juridiques, mais son contenu varie sensiblement d’un pays à l’autre. Même au sein de l’Union européenne il n’y a pas de réglementation uniforme (à l’exclusion de quelques flux spécifiques) et les critères diffèrent d’un Etat membre à l’autre. En outre, le principe de reconnaissance mutuelle des normes nationales régissant la circulation des produits ne trouve pas lieu à s’appliquer en la matière : la réglementation relative aux déchets constitue, en effet, un régime spécifique qui déroge au principe de la libre circulation des marchandises.

Other difficulties are of a practical nature.

Thus, for example, international trade in waste likely to pose significant risks to human health or the environment (known as ‘amber list waste’) is subject to authorisation from all States involved in the shipment. To obtain these authorisations, operators submit applications, known as ‘notifications’, which are assessed by the competent authorities. However, the pace of trade does not match that of the administrative process! Particular care must therefore be taken to ensure that the time taken to process ‘notifications’ (which can take several months) is factored into operators’ business models.

International trade in waste that does not pose any particular risks to human health or the environment (known as “green list waste”) is more unrestricted, but remains subject to strict traceability requirements, which, starting this year, are being digitized. More specifically, Regulation (EU) 2024/1157 provides for the rollout, effective May 21, 2026, of a European digital system called DIWASS, designed to centralize communications between participants in cross-border waste shipments involving European territory and the competent authorities of Member States. This system must incorporate not only the tracking of “notifications” but also that of cross-border shipments of “green list waste.” While the tracking of “notifications” already benefited from a comparable computerized process managed by national digital systems, the implementation of DIWASS in the “green list waste” trade sector represents a true revolution: the operators involved are required to make significant investments in digitizing their traceability systems (hiring data entry operators, developing interfaces between their ERP systems and DIWASS, adapting internal procedures, etc.). Since European institutions fell behind in the rollout of DIWASS (the technical specifications for DIWASS were unveiled in January 2026, and DIWASS itself was not launched in a test phase until very shortly before the May 21, 2026, deadline), the European Commission has agreed to establish a grace period until December 31, 2026, during which the use of paper-based traceability tools will not be subject to penalties by Member States.

Dr. Ghenadie RADU: What role do customs authorities play in implementing this regulatory framework?

Me Evguenia DEREVIANKINE : Customs authorities play a crucial role in investigating and identifying violations of the rules governing cross-border waste shipments. They verify the compliance of waste shipments at the European Union’s borders, as well as between Member States, since waste is an exception to the principle of the free movement of goods. If an illegal transfer is discovered, customs authorities coordinate their efforts with environmental authorities and initiate enforcement actions.

Dr. Ghenadie RADU: In practical terms, how are customs inspections conducted on this type of shipment?

Me Evguenia DEREVIANKINE : Customs authorities verify, for example, whether goods declared (in the case of an export or import) or presented (in the case of an intra-EU transfer) as not being “waste” actually meet that definition. They also verify whether goods declared or presented as “green list waste” are, in fact, “orange list waste” or “non-listed waste.” Indeed, depending on whether the waste is classified as “green-list waste,” “amber-list waste,” or “non-listed waste,” the rules governing its transfer differ: it may, for example, be prohibited or subject to a prior authorization procedure (“notification”). Finally, they verify the completeness and accuracy of the accompanying documents. They carry out their duties in coordination with the National Center for Transboundary Waste Transfers (PNTTD), a national agency responsible for implementing the provisions of Regulation (EU) 2024/1157, which also includes seconded customs officers among its staff.

If the inspection reveals an illegal transfer, the operator found to be responsible is required to return the waste in question to a facility in the country of origin that is authorized to treat it in accordance with applicable regulations. The operator is also subject to penalties.

It should be noted that the inspection may take several weeks or even several months when, for example, laboratory tests are required, resulting in parking fees for the vehicles that can sometimes be very high.

Dr Ghenadie RADU : What penalties do companies face for failing to comply with the rules governing cross-border waste transfers?

Me Evguenia DEREVIANKINE : Cross-border shipments of waste carried out in violation of applicable regulations are subject to dual criminal classification: they constitute both customs offenses (Articles L. 513-1 et seq. of the Customs Code) and environmental offenses (Articles L. 541-46 and R. 541-83 through R. 541-85 of the Environmental Code). If customs authorities determine that a transfer is unlawful, they issue the offender a notice of a customs violation and refer the case to the public prosecutor so that the prosecutor may, if appropriate, initiate proceedings under the Environmental Code. With the public prosecutor’s authorization, customs authorities may reach a settlement with the offender regarding the customs aspect of the violation, regardless of the outcome of any prosecution under the Environmental Code.

Dr. Ghenadie RADU: What advice would you give to companies to ensure the safety of their waste import and export operations?

Me Evguenia DEREVIANKINE : International trade in waste must be conducted with a full understanding of its specific legal framework. It is therefore essential that companies engaging in this trade accurately identify the rules governing their waste streams and establish an internal organizational structure to ensure compliance with those rules.

Closing Remarks:

Me Evguenia DEREVIANKINE : Further information on this topic can be found in the study “Cross-Border Waste Transfers” in the Guide to Customs Procedures (published by LAMY LIAISONS), authored by me.

Dr. Ghenadie RADU: Thank you for your insights.

June 6, 2026