In its ruling of 25 January 2025, the Court of Justice of the European Union (CJEU) clarified the scope of the Waste Shipments Regulation in the context of hazardous waste generated during maritime accidents. The Court concluded that “contrary to the circumstances envisaged” in its previous ruling (Conti 11. Container Schiffarts I), the shipment of the MSC Flaminia from Germany to Romania had to be subject to the prior written notification and consent procedure provided for by that Regulation. The difference between the two scenarios lies in the circumstance that, in the case at hand, part of the waste had already been offloaded, preventing the applicability of Article 1 (3) (b) exclusion. The latter, according to the Court, has a temporary nature and should be interpreted restrictively as to ensure compliance with the Union’s obligations under the Basel Convention. The judgment reinforces a precautionary, risk-based approach to hazardous waste shipments in line with supranational sustainability goals.
