Basel Convention and Tyre Exports: Shipping Baled Tyres Across Borders

By:     Conor Murphy

Tyre waste and tyre-derived products regularly cross international borders. UK or European tyre processors may export crumb rubber or tyre bales to international civil engineering or end market buyers. Island states may organise the collection and export of whole or cut tyres to mainland processing facilities. Processing operations near national borders may draw tyre supply from neighbouring countries. And developing market processors may import used tyres from more developed markets to supplement the domestic supply.

Each of these cross-border movements, like Basel convention and tyre exports, involves legal compliance requirements that depend on the specific countries involved, whether the tyres are whole waste, processed material, or end products, and whether both countries are party to the same international waste management agreements. Getting cross-border tyre movement compliance wrong creates serious legal risk: illegal waste export is a criminal offence in most jurisdictions, with penalties ranging from substantial fines to custodial sentences for responsible officers, plus the practical and financial burden of having shipments seized and returned.

This guide covers the core international legal framework for cross-border tyre movements, with specific focus on the Basel Convention’s provisions for waste tyres, the EU Waste Shipment Regulation’s approach, the UK’s post-Brexit waste shipment framework, and the practical compliance requirements for legitimate cross-border tyre trade.

Gradeall International’s experience exporting equipment to over 100 countries includes supporting customers in understanding the regulatory context for their cross-border material movements. The MKII tyre baler produces PAS 108-compliant bales that are traded internationally as civil engineering materials; understanding the legal status of these movements is relevant for Gradeall’s customers globally.

The Basel Convention and Tyre Exports: Foundation of International Waste Trade Law

The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, adopted in 1989 and now with over 180 parties, is the primary international treaty governing the transboundary movement of hazardous waste. The Convention’s core principles are the protection of human health and the environment from the effects of hazardous waste, the minimisation of hazardous waste generation, and the assertion that transboundary movements of hazardous waste should only occur with the prior informed consent (PIC) of receiving countries.

Waste tyres under the Basel Convention. Waste tyres are not classified as hazardous waste under the Basel Convention’s Annex I and III (the hazardous characteristics annexes). Used tyres do not typically exhibit the characteristics that trigger Basel hazardous waste classification: they are not flammable liquids, they are not acutely toxic, and they do not have the other hazardous properties listed in Basel Annex III. This means that the most stringent Basel controls, including mandatory prior informed consent procedures for hazardous waste, do not apply to used tyre movements between Basel parties.

However, waste tyres are listed on Basel Annex II (wastes requiring special consideration) and Annex VIII (hazardous waste), specifically in the context of used tyres intended for direct reuse rather than material recovery. The classification status has been a subject of international discussion; the practical compliance status of specific tyre movements should be confirmed with the competent authorities in both the exporting and importing countries.

The 2019 Basel Convention Plastics Amendment. The 2019 amendments to the Basel Convention tightened controls on cross-border movements of plastic waste, adding plastic waste to the Convention’s control framework. While tyres contain rubber rather than plastic as the primary material, tyre materials include some plastic components; confirm whether any plastic component classification affects the Basel status of tyre waste movements from the specific countries involved.

OECD Decision on Waste. The OECD Council Decision C(2001)107 on the Control of Transboundary Movements of Wastes Destined for Recovery Operations provides a framework for the transboundary movement of waste for recovery purposes between OECD member countries. Most tyre recycling represents recovery rather than disposal; OECD-to-OECD tyre movements for recycling may follow simplified procedures under the OECD Decision rather than the full Basel PIC procedure. The OECD framework distinguishes between green-listed wastes (lower risk, simplified procedures) and amber-listed wastes (higher risk, more demanding procedures); confirm the classification of your specific tyre waste stream under the current OECD waste lists.

EU Waste Shipment Regulation: The European Framework

Within the EU, cross-border waste movements are governed by the EU Waste Shipment Regulation, most recently updated as Regulation (EU) 2024/1157, which came into force, replacing the previous Regulation 1013/2006. The new Regulation introduced significant changes to the EU waste shipment framework; operators with existing compliance procedures should verify that their arrangements comply with the updated regulation.

Green list and notification procedures. The EU Waste Shipment Regulation distinguishes between wastes subject to general information requirements only (green-listed wastes for recovery) and wastes requiring prior notification and consent (notifiable wastes). Waste tyres destined for recovery in EU member states are generally green-listed; movements proceed with documentary requirements but without the full notification and consent procedure required for hazardous wastes.

Green-listed tyre movements within the EU. For green-listed waste tyre movements between EU member states, the practical compliance requirements include a waste movement document (Annex VII form under the new regulation) accompanying each shipment, confirmation that the receiving facility has appropriate environmental authorisation for the specific waste and activity, and maintaining shipment records. The exporter must be a registered waste producer, dealer, or broker in their member state; the carrier must hold appropriate waste carrier registration; the receiver must hold appropriate permits for the receiving activity.

Non-EU movements from EU member states. EU waste exports to non-OECD countries for recovery are subject to more demanding controls under the new Waste Shipment Regulation. The 2024 update strengthened controls on exports to non-OECD countries; confirm current requirements for specific export destination countries with the competent authority in your EU member state before arranging tyre waste exports to non-OECD destinations.

UK Post-Brexit Waste Shipment Regulations

The UK’s departure from the EU created a separate UK waste shipment regulatory framework. The UK retained the EU Waste Shipment Regulation as it stood at Brexit through the European Union (Withdrawal) Act 2018, with subsequent UK-specific amendments creating a framework that broadly parallels the EU approach but with UK-specific elements.

Movements within the UK. Waste tyre movements within Great Britain (England, Scotland, Wales) are domestic waste movements subject to UK duty of care requirements, but not waste shipment regulations. Cross-border movements to Northern Ireland are also domestic UK movements. Only movements from the UK to other countries involve waste shipment procedures.

UK to EU member state movements. Movements of waste tyres from the UK to EU member states for recycling are cross-border waste shipments subject to UK waste shipment regulations on the UK side and EU Waste Shipment Regulation requirements on the EU receiving side. Green-listed waste tyre movements for recovery proceed with documentary requirements; confirm current Annex VII documentation requirements with the Environment Agency and the competent authority in the receiving EU member state.

UK to non-EU country movements. UK exports of waste tyres to non-EU, non-OECD countries for recovery are subject to more demanding controls. Confirm current requirements with the Environment Agency for specific export destination countries.

The Status of PAS 108 Tyre Bales in International Trade

A specific question for Gradeall’s customers exporting PAS 108-compliant tyre bales as civil engineering materials is whether such bales are classified as waste or as a product for the purposes of waste shipment regulations.

The answer depends on whether the bales have achieved end-of-waste status through the processing that produced them. In the UK, end-of-waste status for tyre-derived materials can be achieved when the material meets specified quality criteria and has a market as a product. PAS 108 tyre bales are engineered civil engineering materials with specific technical specifications that have been accepted in commercial procurement; a strong argument can be made that properly produced PAS 108 bales destined for civil engineering use have ceased to be waste and are products subject to normal trade regulations rather than waste shipment controls.

The practical position should be confirmed with the Environment Agency, NIEA, SEPA, or Natural Resources Wales (depending on where the bales are produced) before exporting PAS 108 bales. Some UK exporters have successfully classified PAS 108 bales as products rather than waste for specific export consignments; others have proceeded under waste shipment documentation as a conservative compliance approach. Legal advice from a specialist in waste trade law is recommended before establishing a regular export programme for PAS 108 bales to international markets.

Practical Compliance for Cross-Border Tyre Movements

For businesses arranging cross-border tyre movements, the practical compliance checklist involves confirming the Basel classification of the specific waste, the specific bilateral trade relationship between the exporting and importing countries, the applicable domestic regulations in both countries, the required documentation, and whether the receiving facility holds appropriate authorisations.

Start with the competent authority in your country of export; in the UK this is the Environment Agency (England), SEPA (Scotland), NRW (Wales), or NIEA (Northern Ireland). These authorities can confirm the current notification or documentation requirements for your specific export destination and waste description. In EU member states, the national competent authority for waste shipments performs the same function.

“Cross-border tyre movements are a routine part of global tyre recycling trade, and the regulatory framework, while complex, provides clear compliance pathways for legitimate movements,” says Conor Murphy, Director of Gradeall International. “Our customers who produce PAS 108 bales or crumb rubber for export engage with the relevant authorities to confirm the compliance requirements for their specific movements. We support our customers in understanding the framework and point them toward the appropriate regulatory contacts.”

Contact Gradeall International for tyre processing equipment and guidance on international market compliance.

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