### For Official Use C(2008)156

Organisation de Coopération et de Développement Économiques

Organisation for Economic Co-operation and Development 21-Oct-2008

___________________________________________________________________________________________ English - Or. English

COUNCIL



### Council

DRAFT DECISION OF THE COUNCIL AMENDING THE APPENDICES 3, 4 AND 8 OF THE

DECISION OF THE COUNCIL ON THE CO NTROL OF TRANSBOUNDARY MOVEMENTS OF WASTES DESTINED FOR RECOVERY OPERATIONS [C(2001)107/FINAL]

(Note of the Secretary-General)

This document is submitted to Council for approval under the written procedure.

For more information, please contact Henrik Harjula, National Policies Division, Environment Directorate, tel: +33 1 45 24 98 18, email: Henrik.Harjula@oecd.org

JT03253545

Document complet disponible sur OLIS dans son format d'origine Complete document available on OLIS in its original formatC(2008)156For Official UseEnglish - Or. EnglishC(2008)156

2 1. This note describes amendments to the Counc il Decision on the Control of Transboundary Movements of Wastes Destined for Recovery Operat ions [C(2001)107/FINAL], which the Working Group on Waste Prevention and Recycling (WGWPR) agreed on at its 11 th meeting (10-11 April 2008). The changes agreed do not change the main text of the Counc il Decision, they relate to the Appendices of the

Decision

.

2. The majority of the changes made to the OE CD Council Decision [C (2001)107/FINAL] reflect changes agreed in the Basel Convention. To ensure the compatibility of the OECD instrument with the Basel Convention, provisions in the OECD Decision state that amendments made to Annexes II, VIII and IX of the Basel Convention (i.e. to the lists of wastes) will be incorporated into Appendices 3 and 4 of the OECD Decision (i.e. Green and Amber lists of wastes) once they have been agreed to by OECD Member countries. Amendments stemming from changes in the Basel Convention are listed in Section I below.

3. In very rare cases, it may also be necessary to adjust the OECD lists of wastes solely for the OECD purposes and independently from the Basel Convention. Such changes may be needed due to changing technologies. Amendments related to changes which are independent from the Basel Convention

are described in Section II below.

SECTION I:

4. This section describes Basel amendments (COP7, October 2004 and COP8, December 2006) on which all OECD Member countries have agreed [ENV/EPOC/WGWPR(2002)9/REV2, Scenario No 1]. The Working Party on National Environmental Polici es, the Environment Policy Committee, the Trade

Committee and the Council shall be informed of these changes through a note describing the amendments.

I.1) At its meeting in April 2008 [ENV /EPOC/WGWPR/M(2008)1] , the WGWPR endorsed the change made at the Basel COP7 to the Fr ench wording of item A3120, so as to make it consistent with the English wording. Consequently, the present French wording of A3120: “Résidus de broyage automobile (fraction légère: peluche, étoffe, déchets de plastique, etc.) shall be replaced with: « A3120 Fraction légère des résidus de broyage »

. I.2) At COP 8, Parties to the Basel Conven tion amended the forms used for “notification” and “movement” documents of waste shipments, as well as instructions for completing these forms. These forms accompany all shipments of hazardous waste crossing national borders. The Basel Convention, the EU Waste Shipment Re gulation, and OECD Decision C(2001)107/FINAL (Annex 8) all include these forms in their cont rol system for transboundary movements of waste. To harmonise procedures among these three systems, the WGWPR agreed at its April 2008 meeting to amend the OECD forms (and the instructions for completing them) 1 , based on the changes made at Basel COP8 (December 2006).

SECTION II:

5. This section describes five amendments to the OECD Waste Lists for the purposes of OECD Member countries [ENV/EPOC/WGWPR(2002)9/REV2, Scenario No 3]. These changes have to be endorsed by the Environment Policy Committee and adopted by the Council. The Working Party on National Environmental Policies and the Trade Committee shall be informed of these changes;

II.1) At its December 2005 meeting, the WGWPR agreed to amend the original wording of item B1030: “B1030: Refractory metals containing residues” to read : “B1030: Residues containing refractory metals”

. As this amendment concerning a Basel entry is still pending

1 See ENV/EPOC(2008)29C(2008)156

3 approval by the Basel Convention, the WGWPR recommended that it should be mentioned under Part I (c) of Appendix 3 of the OECD Decision.

II.2 and II.3) At its September 2006 meeting, the WGWPR agreed to amend the translation of three items in the French lists of wastes relating to slags from the iron and steel industry, since the incorrect translations were resulting in unnecessary restrictions on trade in recyclable materials. (These modifications do not affect the English waste lists).

Consequently, Basel entries B1200 and B1210 shall now read in French:

“B1200 : Laitier (scorie) granulé provenant de l’industrie sidérurgique » ; and

« B1210 : Laitiers (scories) provenant de l’in dustrie sidérurgique, y compris les laitiers

(scories) utilisés comme source de dioxyde de titane et de vanadium.”

It should be noted that these amendments concern Basel wastes which are not explicitly listed under the OECD Decision, but only referenced in Part I of Appendix 3.

II.4) The third modified waste entry (AA010) is an OECD-specific entry on the OECD Amber list of wastes (Appendix 4 to C(2001)107/FINAL) (i.e . not part of the Basel lists of wastes). It was agreed to amend the original French wordin g of: “ AA010: Laitiers, battitures et autres

déchets de la fabrication du fer et de l’acier” to read

“AA010: Produits d’écumage, battitures et au tres déchets provenant de l’industrie sidérurgique”

.

II.5) At its April 2008 meeting, the WGWPR agreed to amend the English wording of entry AA010 by replacing “manufacture of iron and steel” with “iron and steel industry”.

AA010 shall now read in English: “AA010 Dross, scalings and other wastes from the iron and steel industry”.

6. On 11 August 2008, the Environment Policy Committee noted the amendments described in

Section I and endorsed the amendments described in Section II, as noted in ENV/EPOC(2008)29 and agreed to their submission to th e OECD Council for information (Sec tion I amendments) and for adoption (Section II amendments). The Working Party on National Environmental Policies and the Trade

Committee have been informed of these amendments.

Proposed Action

7. In the light of the preceding, the Secretary-Ge neral invites the Council to adopt the following

draft conclusions:

THE COUNCIL

a) noted document C(2008)156;

b) noted the amendments to Appendices 3, 4 and 8 of the OECD Decision on the Control of Transboundary Movements of Wastes Destined for Recovery Operations [C(2001)107/FINAL] described in Section I of document C(2008)156;C(2008)156

4 c) adopted the amendments to Appendi ces 3, 4 of the OECD Decision on the control of Transboundary Movements of Wastes Destined for Recovery Operations [C(2001)107/FINAL] described in Section II of document C(2008)156.