Lesson 5.1 · 6 min
What may no longer be exported
Open in the coursewith narrated slides, a checklist to tick off and a quiz
At a glance
- No exports for disposal. Waste for disposal may not be exported from the EU. The exception, under conditions, is EFTA countries that are Parties to the Basel Convention.
- No hazardous waste. Hazardous and certain other wastes may not go for recovery to countries to which the OECD Decision does not apply.
- B3011: two key dates. Since 21 May 2026, exports of B3011 plastic waste need a notification. From 21 November 2026 they are banned to non-OECD countries.
- Only to listed countries. From 21 May 2027, non-hazardous waste may go to non-OECD countries only if they are on the Commission's list.
- No exports. Mixed municipal waste may not be exported to OECD countries either.
In detail
For disposal
Exports from the Union of waste for disposal are prohibited Art. 37(1). The exception is EFTA countries that are Parties to the Basel Convention, unless that country prohibits the import, the conditions of Article 11 are not met, or environmentally sound management there can't be expected Art. 37(2), (3).
For recovery in countries to which the OECD Decision does not apply
- Prohibited are, among others, exports of hazardous waste, mixed municipal waste, contaminated Green List waste, waste with persistent organic pollutants above the limits, and waste whose import the country of destination has banned Art. 39(1).
- B3011 plastic waste: prohibited from 21 November 2026 Art. 39(1)(d) Art. 86(3)(c). This ban applies regardless of the list under Article 41, which only relaxes the ban in Article 40.
- Non-hazardous waste: from 21 May 2027 only to countries on the Commission's list, and only for the wastes named there Art. 40 Art. 86(3)(d). The list is due by 21 November 2026 Art. 41(3). Even then, only to facilities licensed under that country's law for this recovery Art. 40(2).
For recovery in OECD countries
- The rules for shipments within the Union apply by analogy, with adaptations Art. 44(1).
- B3011 plastic waste needs a notification Art. 44(2)(c); this has applied since 21 May 2026, also to permitted exports to other countries Art. 40(3)(b).
- Annex IIIB waste and waste for treatment trials need a notification; waste for laboratory analysis above 25 kg Art. 44(2)(d), (e).
- Mixed municipal waste may not be exported Art. 44(2)(f).
- The facility confirms receipt within three working days Art. 44(2)(i).
The BMLUK sums up B3011: exports from the EU only with notification and consent since 21 May 2026, and an export ban to non-OECD countries from 21 November 2026.
Checklist
- We don't export waste for disposal from the EU, except to EFTA countries under Art. 37.
- Exports of plastic waste have gone through a notification since 21 May 2026.
- From 21 November 2026, no B3011 plastic goes to non-OECD countries.
- For exports of non-hazardous waste to non-OECD countries, we check the Commission's list from 2027.
Quiz
In December 2026 a dealer wants to export sorted PE plastic waste (B3011) for recycling to a country to which the OECD Decision does not apply. What applies?
- Allowed under Art. 18, as Green List
- Prohibited, since 21 November 2026
- Allowed with a notification
- Allowed if the country is on the Commission's list
Show the answer
The answer is B: Prohibited, since 21 November 2026. Art. 39(1)(d) prohibits, from 21 November 2026, exports of B3011 plastic waste for recovery to countries to which the OECD Decision does not apply (Art. 86(3)(c)). The list under Art. 41 doesn't change that: it only relaxes the ban in Art. 40.
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.