In April 2024, the European Union adopted the new Regulation (EU) 2024/1157, which will replace the long-standing Regulation (EC) No 1013/2006 and fundamentally reform the legal framework governing transboundary shipments of waste. Most of its provisions will become applicable from 21 May 2026, imposing new obligations on all operators involved in this sector.
One of the most significant developments is the mandatory implementation of the DIWASS (Digital Waste Shipment System) electronic platform, which will centralise all documentary management relating to transboundary shipments of waste. Notifications, requests for information, authorisations, contracts and treatment certificates will all be processed through this system. In Portugal, operators will be required to register in advance with the Portuguese Environment Agency (Agência Portuguesa do Ambiente – APA), such registration being a mandatory prerequisite for the submission of notifications from 21 May 2026 onwards.
The Regulation also introduces new requirements regarding contracts related to transboundary waste shipments, which must now contain more detailed information concerning treatment facilities, waste codes, quantities, recovery operations and validity periods. Companies should therefore review their current contractual documentation to ensure compliance with the new legal framework.
Another highly relevant change concerns shipments of waste destined for disposal within the European Union. The new Regulation establishes, as a general principle, the prohibition of such shipments, except in duly justified exceptional circumstances, particularly where recovery is not technically or economically feasible or where disposal is legally required. This amendment is expected to have a significant impact on numerous economic operators and will require a reassessment of certain logistical and operational strategies.
From May 2027 onwards, exports will only be permitted to facilities that have been previously audited by accredited independent entities. In parallel, exports of waste to non-OECD countries will become prohibited, except in relation to countries expressly included on an authorised list approved by the European Commission.
Finally, the Regulation considerably strengthens the inspection and enforcement powers of both national authorities and the European Commission itself.
Authorities will be entitled to request documentation within short deadlines, suspend transport operations and detain waste or means of transport where there are suspicions of non-compliance. Furthermore, inspections carried out by the European Commission may constitute admissible evidence in judicial proceedings. The sanctions provided include fines, suspension of authorisations and even exclusion from public procurement procedures.
In this context, it is essential that companies operating in the waste sector begin, without delay, adapting their internal procedures, contracts, documentary systems and environmental compliance mechanisms to ensure an effective transition to the new European regime.
Belzuz Abogados, S.L.P. – Sucursal em Portugal is an international law firm with offices in Madrid, Lisbon and Porto, providing comprehensive legal advisory services to both national and international companies in matters relating to environmental compliance, including contractual review, regulatory notification procedures and coordination with the relevant competent authorities.