# EUR-Lex - 52013PC0020 - EN

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# 52013PC0020

**Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of applications for new entries in Annex VIII or IX to the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal /* COM/2013/020 final - 2013/0011 (NLE) */**

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EXPLANATORY MEMORANDUM

1.           The Basel Convention on
the Control of Transboundary Movements of Hazardous Wastes and Their Disposal,
done on 22 March 1989 (the "Basel Convention"), establishes a control
procedure for the export and import of hazardous wastes between Parties. The
Convention entered into force in 1992 and now binds 175 Parties. The EU is a
Party to the Basel Convention.

2.           The procedure for amending
annexes of the Basel Convention is governed by Articles 17 and 18 of the
Convention. More particularly, any proposed amendment must be made by a Party
and communicated by the Secretariat to all Parties at least six months before
the meeting at which it is proposed for adoption. In addition, any such
amendment must be adopted at a meeting of the Conference of the Parties and may
become effective six months from the date of issuance of a circular
notification by the Depositary.

3.           Applications for new
entries in Annex VIII or IX to the Basel Convention are governed by the
procedure agreed at the 8th meeting of the Conference of the Parties
to the Basel Convention under Decision VIII/15 "Revisions to the procedure
for the review or adjustment of the lists of wastes contained in Annexes VIII
and IX."

4.           Pursuant to Article 58 of Regulation
(EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006
on shipments of waste[1],
the annexes to this Regulation may be amended in accordance with the procedure
established by Article 39 of Directive 2008/98/EC of the European parliament
and of the Council[2]
to take account of scientific and technical progress. According to Article
58(1) of Regulation (EC) No 1013/2006, wastes are added in Annex IIIA, IIIB, IV
or V on a provisional basis pending a decision on their inclusion in the
relevant annexes to the Basel Convention or to Decision C(2001)107/Final of the
OECD Council concerning the revision of Decision C(92)39/Final on control of
transboundary movements of wastes destined for recovery operations.

5.           Following an amendment of
Annex IIIA, IIIB, IV or V to Regulation (EC) No 1013/2006, it is necessary, in
order to ensure consistency, to submit, on behalf of the European Union, the
necessary applications for corresponding entries in Annex VIII or IX to the
Basel Convention on the control of transboundary movements of hazardous wastes
and their disposal.

6.           According to the procedure
agreed at the 8th meeting of the Conference of the Parties to the
Basel Convention under Decision VIII/15, any proposed amendment must be
made by a Party and communicated by the Secretariat to all Parties at least six
months before the meeting at which it is proposed for adoption. Any such
amendment must be adopted at a meeting of the Conference of the Parties and may
become effective six months from the date of issuance of a circular
notification by the Depositary.

2013/0011 (NLE)

Proposal for a

COUNCIL DECISION

on the submission, on behalf of the
European Union, of applications for new entries in Annex VIII or IX to the
Basel Convention on the control of transboundary movements of hazardous wastes
and their disposal

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the
Functioning of the European Union, and in particular Article 191(1), in
conjunction with Article 218(9), thereof,

Having regard to the proposal from the
European Commission,

Whereas:

(1)       As a Party to the Basel
Convention on the control of transboundary movements of hazardous wastes and
their disposal, the European Union may make proposals for amendments to annexes
to the Basel Convention.

(2)       Applications for new
entries in Annex VIII or IX to the Basel Convention are governed by the
procedure agreed at the 8th meeting of the Conference of the Parties
to the Basel Convention under Decision VIII/15 "Revisions to the procedure
for the review or adjustment of the lists of wastes contained in Annexes VIII
and IX".

(3)       Following an amendment of
Annex IIIA, IIIB, IV or V to Regulation (EC) No 1013/2006 of the European
Parliament and of the Council of 14 June 2006 on shipments of waste[3], it appears necessary to ensure
consistency with Annex VIII or IX of the Basel Convention by amending them
accordingly.

(4)       The Union should therefore
submit the necessary applications for those entries in Annex IIIA, IIIB, IV or
V to Regulation (EC) No 1013/2006 which can be included in Annex VIII or IX to
the Basel Convention.

(5)       With a view to the meeting
of the Parties to the Basel Convention at which an amendment of Annex VIII or
IX to the Convention is proposed for adoption, it is appropriate that the Union
submits to the Secretariat of the Basel Convention the necessary applications
for new entries in these annexes at least six months before such meeting.

HAS ADOPTED THIS DECISION:

Article 1

Following an amendment which adds new
entries in Annex IIIA, IIIB, IV or V to Regulation (EC) No 1013/2006 that can
be included in Annex VIII or IX to the Basel Convention on the control of
transboundary movements of hazardous wastes and their disposal , the Union
shall submit the necessary applications under the Convention.

Article 2

The Commission shall communicate these
applications to the Secretariat of the Basel Convention at least six months
before the next meeting of the Parties to this Convention.

Done at Brussels,

For
the Council

The
President

[1]               OJ L 190, 12.7.2006, p.1

[2]               OJ L 312, 22.11.2008, p.3

[3]               OJ L 190, 12.7.2006, p.1