Lesson 1.2 · 5 min
Transitional rules: what runs out under the old rules
Open in the coursewith narrated slides, a checklist to tick off and a quiz
At a glance
- What was acknowledged before 21 May. Notifications whose receipt the competent authority of destination acknowledged before 21 May 2026 run to their end under the old regulation.
- Invalid since 21 May 2026. Applications without an acknowledgement by then became invalid and have to be submitted again under the new rules.
- Treatment done by 21 May 2027. Anyone using a consent under the old rules must complete the recovery or disposal by 21 May 2027.
- Until 20 May 2029 at the latest. Pre-consents under the old rules expire on 20 May 2029 at the latest. Shipments to those facilities must also be completed by then.
- Drafts were deleted. Applications saved as drafts in eVerbringung were deleted on 21 May 2026. Preparing anything for the new rules in advance was not possible.
In detail
The basic rule
Until 21 May 2026 the old Regulation (EC) 1013/2006 largely continued to apply Art. 85(2). Since then, the new regulation applies to every new application.
What runs to its end under the old rules
- Acknowledged notifications. Where the competent authority of destination acknowledged receipt of a notification before 21 May 2026, the old regulation continues to apply to those shipments Art. 85(3). EDM keeps handling their transport, receipt and treatment reports as before; changes or additions have not been possible since 21 May 2026 (BMLUK).
- Consents under the old rules. Recovery or disposal must be completed within one year of 21 May 2026, that is by 21 May 2027 Art. 85(5).
- Shipments to pre-consented facilities with a consent under Article 14(2) of the old regulation: to be completed within three years of 21 May 2026 Art. 85(6).
- Pre-consents for facilities under the old rules expire within five years of 20 May 2024, that is on 20 May 2029 Art. 85(7). In Austria they were granted under the old regulation together with § 71a AWG 2002; all shipments to those facilities must also be completed by 20 May 2029 (BMLUK).
What became invalid
Notifications submitted before 21 May 2026 that had no acknowledgement yet became invalid on that day. Because the new regulation numbers notifications differently, applications saved as drafts in eVerbringung were deleted automatically on 21 May 2026; new applications have only been possible in EDM since that day (BMLUK).
For exports, the BMLUK had therefore advised not to file applications after 31 March 2026: an acknowledgement from the authorities of destination could no longer be expected by 21 May 2026, and such notifications have to be submitted again under the new rules.
Checklist
- All running notifications under the old rules are listed, with the date of their acknowledgement.
- For consents under the old rules, completing treatment by 21 May 2027 is planned.
- Applications without an acknowledgement before 21 May 2026 have been filed again under the new rules.
- Anyone using a pre-consent under the old rules knows its end date, 20 May 2029.
Quiz
A notification was submitted on 10 May 2026. By 21 May, the authority of destination had not yet acknowledged receipt. What applies?
- Both regulations side by side
- The old regulation, because it was submitted before 21 May
- The new regulation, without a new application
- It became invalid on 21 May 2026 and has to be filed again under the new rules
Show the answer
The answer is D: It became invalid on 21 May 2026 and has to be filed again under the new rules. What counts is the acknowledgement by the authority of destination before 21 May 2026 (Art. 85(3)). Without it, the application became invalid on that day (BMLUK).
Sources
This lesson's statements rest on:
Not legal advice. What counts is Regulation (EU) 2024/1157 and Implementing Regulation (EU) 2025/1290 in the Official Journal, Austrian law and the BMLUK's guidance (read on 4 October 2026). DIWASS is a system of the European Commission. Not an offer of the European Commission, the BMLUK or the Environment Agency Austria.