OLAF investigates waste transfers: what risks do companies in the sector face

Key data

Companies that move waste between EU countries—or to third countries—have had since 20 March 2026 a new counterpart with real investigative power: the European Anti-Fraud Office (OLAF). Commission Decision (EU) 2026/681 assigns it specific implementation and compliance functions for Regulation (EU) 2024/1157, the European framework governing waste transfers.

This is not a minor procedural change. OLAF has broad investigative powers and its conclusions can have direct consequences for your company: from administrative sanctions to fund recovery or the opening of proceedings by national authorities.

What does this regulation establish?

Decision 2026/681 does not create new obligations in itself, but it does change who monitors and with what tools. Specifically:

• It assigns to OLAF certain implementation and compliance measures of Regulation (EU) 2024/1157 on waste transfers.
• It enables OLAF to investigate possible fraud, irregularities or breaches in the cross-border movement of waste, both within the EU and with third countries.
• It strengthens traceability and control over waste flows, with special attention to hazardous waste.
• Detected violations may result in three types of consequences: administrative sanctions, fund recovery or referral to national authorities.

Regulation (EU) 2024/1157 is the reference framework. Decision 2026/681 adds OLAF as an enforcement actor, significantly raising the level of scrutiny to which sector operators are subject.

Economic and operational impact

The impact is not measured in a fixed fee or amount, but in the risk of exposure to investigations and their consequences. For companies in the sector, this translates into:

• Greater documentary compliance burden: The traceability of each cross-border transfer must be impeccable. Any gap can become an indication of irregularity for OLAF.
• Risk of administrative sanctions: Violations detected in an OLAF investigation may result in sanctions whose processing is the responsibility of national authorities, but whose origin is a European investigation.
• Risk of fund recovery: If the company has received public or European funding linked to waste management activities, an irregularity detected by OLAF may require the return of those funds.
• Increased compliance costs: Maintaining robust traceability systems, internal audits and updated documentation requires investment in processes and, in many cases, in specialized advice.

The cross-border waste management and transport sector operates with tight margins. An OLAF investigation, even if it does not result in a sanction, generates management costs, operational paralysis and reputational damage that can be significant.

Who does it affect?

Decision 2026/681 directly affects all operators involved in cross-border waste transfers under the scope of Regulation (EU) 2024/1157:

• Waste management companies that organize or manage transfers between EU countries or to third countries.
• Waste transporters that execute the physical movement of waste across international borders.
• Treatment facility operators that receive or export waste from other countries.
• Companies with hazardous waste in their production chain that outsource its cross-border management.
• Intermediaries and brokers that facilitate or coordinate waste transfers between operators in different countries.

Practical example

A Spanish company dedicated to the management of hazardous industrial waste regularly exports waste to a treatment facility in another EU Member State. Until now, the control of these transfers fell mainly on the national authorities of origin and destination.

With Decision 2026/681 in force, OLAF can initiate an investigation into that company if it detects signs of fraud or irregularity in transfer documents, waste classification or process traceability. If the investigation concludes with findings, OLAF may:

• Impose or recommend administrative sanctions.
• Require fund recovery if the company has received public funding linked to those activities.
• Refer the case to national authorities in Spain or the destination country to take action accordingly.

This scenario applies equally to transporters operating international waste routes or to facilities that receive waste from other countries without the documentation required by Regulation (EU) 2024/1157.

What should companies do now?

1. Audit cross-border transfer documentation: Review that all waste transfers between countries have the documentation required by Regulation (EU) 2024/1157, especially in the case of hazardous waste.
2. Verify traceability of each operation: Ensure that your waste tracking system allows you to reconstruct the complete cycle of each transfer: origin, route, destination and final treatment.
3. Review contracts with transporters and managers: Check that third parties involved in your transfers also comply with the obligations of Regulation (EU) 2024/1157, as an irregularity in the chain may affect you.
4. Assess the risk of fund recovery: If your company has received public or European funding linked to waste management activities, analyze whether there is any exposure to a possible OLAF investigation.
5. Consult with specialized advice: Given that the consequences of an OLAF investigation may include administrative sanctions and referral to national authorities, it is advisable to have legal support specialized in environmental and waste regulations.