# L_2008201EN.01003601.xml

| 30.7.2008 | EN | Official Journal of the European Union | L 201/36 |
| --- | --- | --- | --- |

30.7.2008

EN

Official Journal of the European Union

L 201/36

---

COMMISSION REGULATION (EC) No 740/2008

of 29 July 2008

amending Regulation (EC) No 1418/2007 as regards the procedures to be followed for export of waste to certain countries

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (1), and in particular the third subparagraph of Article 37(2) thereof,

After consultation of the countries concerned,

Whereas:

| (1) | Any ambiguity should be removed with regard to the applicability of Article 18 of Regulation (EC) No 1013/2006 to shipments of waste where a country in its reply to the Commission’s request in accordance with the first subparagraph of Article 37(1) of Regulation (EC) No 1013/2006 has indicated it will not prohibit those shipments nor apply the procedure of prior written notification and consent to them as described in Article 35 of that Regulation. |
| --- | --- |

(1)

Any ambiguity should be removed with regard to the applicability of Article 18 of Regulation (EC) No 1013/2006 to shipments of waste where a country in its reply to the Commission’s request in accordance with the first subparagraph of Article 37(1) of Regulation (EC) No 1013/2006 has indicated it will not prohibit those shipments nor apply the procedure of prior written notification and consent to them as described in Article 35 of that Regulation.

| (2) | The Commission has received replies from Bosnia and Herzegovina, Iran and Togo to its written requests seeking confirmation in writing that waste which is listed in Annex III or IIIA to Regulation (EC) No 1013/2006 and the export of which is not prohibited under its Article 36 may be exported from the Community for recovery in those countries and requesting an indication from them as to which control procedure, if any, would be followed there. The Commission has also received further information relating to Côte d’Ivoire, Malaysia, Moldova (2), Russia and Ukraine. The Annex to Commission Regulation (EC) No 1418/2007 (3) should therefore be amended to take this into account. |
| --- | --- |

(2)

The Commission has received replies from Bosnia and Herzegovina, Iran and Togo to its written requests seeking confirmation in writing that waste which is listed in Annex III or IIIA to Regulation (EC) No 1013/2006 and the export of which is not prohibited under its Article 36 may be exported from the Community for recovery in those countries and requesting an indication from them as to which control procedure, if any, would be followed there. The Commission has also received further information relating to Côte d’Ivoire, Malaysia, Moldova (2), Russia and Ukraine. The Annex to Commission Regulation (EC) No 1418/2007 (3) should therefore be amended to take this into account.

| (3) | It has been pointed out by the government of Liechtenstein that Liechtenstein is to be regarded as a country to which the OECD Decision applies. Article 37(2) of Regulation (EC) No 1013/2006 therefore does not apply to that country, and Liechtenstein should be deleted from the Annex to Regulation (EC) No 1418/2007. |
| --- | --- |

(3)

It has been pointed out by the government of Liechtenstein that Liechtenstein is to be regarded as a country to which the OECD Decision applies. Article 37(2) of Regulation (EC) No 1013/2006 therefore does not apply to that country, and Liechtenstein should be deleted from the Annex to Regulation (EC) No 1418/2007.

| (4) | Regulation (EC) No 1418/2007 should be amended accordingly, |
| --- | --- |

(4)

Regulation (EC) No 1418/2007 should be amended accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1418/2007 is amended as follows:

| 1. | The following Article 1a is inserted:

  ‘Article 1a
  Where a country in its reply to a written request sent by the Commission in accordance with the first subparagraph of Article 37(1) of Regulation (EC) No 1013/2006 indicates that, with regard to certain shipments of waste, it will not prohibit them nor apply the procedure of prior written notification and consent as described in Article 35 of that Regulation, Article 18 of that Regulation shall apply mutatis mutandis to such shipments.’ |
| --- | --- |

1.

The following Article 1a is inserted:

‘Article 1a

Where a country in its reply to a written request sent by the Commission in accordance with the first subparagraph of Article 37(1) of Regulation (EC) No 1013/2006 indicates that, with regard to certain shipments of waste, it will not prohibit them nor apply the procedure of prior written notification and consent as described in Article 35 of that Regulation, Article 18 of that Regulation shall apply mutatis mutandis to such shipments.’

| 2. | The Annex to Regulation (EC) No 1418/2007 is amended in accordance with the Annex to this Regulation. |
| --- | --- |

2.

The Annex to Regulation (EC) No 1418/2007 is amended in accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 14th day following its publication in the Official Journal of the European Union.

It shall apply from the date of entry into force.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 29 July 2008.

For the Commission

Peter MANDELSON

Member of the Commission

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(1)  
  OJ L 190, 12.7.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 669/2008 (OJ L 188, 16.7.2008, p. 7).

1

(2)  The short form ‘Moldova’ is used to denote the Republic of Moldova.

2

(3)  
  OJ L 316, 4.12.2007, p. 6.

3

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ANNEX

Note: Article 18 of Regulation (EC) No 1013/2006 applies to columns (c) and (d) in the Annex of Regulation (EC) No 1418/2007 by virtue of Article 1 of this Regulation.

1.   In the text preceding the country information, point (d) is replaced by the following:

| ‘(d) | other control procedures will be followed in the country of destination under applicable national law.’ |
| --- | --- |

‘(d)

other control procedures will be followed in the country of destination under applicable national law.’

2.   After the entry for Benin, the following entry is inserted:

‘Bosnia and Herzegovina

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| | | B3020 | |
| | all other waste listed in Annex III of Regulation (EC) No 1013/2006’ | | |

(a)

(b)

(c)

(d)

B3020

all other waste listed in Annex III of Regulation (EC) No 1013/2006’

3.   After the entry for Costa Rica, the following entry is inserted:

‘Côte d’Ivoire (Republic of Côte d’Ivoire)

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| | from B1010:
  all other waste | | from B1010






  — | precious metals (gold, silver, the platinum group, but not mercury) |

(a)

(b)

(c)

(d)

from B1010:

all other waste

from B1010

—

precious metals (gold, silver, the platinum group, but not mercury)

B1020 – B2120

B2130

B3010 – B3020

from B3030

all other waste

from B3030

| — | waste (including noils, yarn waste and garnetted stock) of man-made fibres |
| --- | --- |

—

waste (including noils, yarn waste and garnetted stock) of man-made fibres

| — | worn clothing and other worn textile articles |
| --- | --- |

—

worn clothing and other worn textile articles

| — | used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile |
| --- | --- |

—

used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile

B3035 – B3130

B3140

B4010 – B4030

| GB040 | 7112
  2620 30
  2620 90 |
| --- | --- |

GB040

7112

2620 30

2620 90

GC010

GC020

| GC030 | ex 8908 00 |
| --- | --- |

GC030

ex 8908 00

GC050

| GE020 | ex 7001
  ex 7019 39 |
| --- | --- |

GE020

ex 7001

ex 7019 39

GF010

| GG030 | ex 2621 |
| --- | --- |

GG030

ex 2621

| GG040 | ex 2621 |
| --- | --- |

GG040

ex 2621

| GH013 | 3915 30
  ex 3904 10 -40 |
| --- | --- |

GH013

3915 30

ex 3904 10 -40

| GN010 | ex 0502 00 |
| --- | --- |

GN010

ex 0502 00

| GN020 | ex 0503 00 |
| --- | --- |

GN020

ex 0503 00

| GN030 | ex 0505 90 ’ |
| --- | --- |

GN030

ex 0505 90 ’

4.   The entry for Liechtenstein is deleted.

5.   After the entry for Indonesia, the following entry is inserted:

‘Iran (Islamic Republic of Iran)

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| | B1010 – B1090 | | |
| from B1100:






  — | the following zinc-containing drosses:






  — | hot-dip galvanisers slab zinc dross (batch) (> 92 % Zn) |

(a)

(b)

(c)

(d)

B1010 – B1090

from B1100:

—

the following zinc-containing drosses:

—

hot-dip galvanisers slab zinc dross (batch) (> 92 % Zn)

| — | zinc skimmings |
| --- | --- |

—

zinc skimmings

| — | aluminium skimmings (or skims) excluding salt slag |
| --- | --- |

—

aluminium skimmings (or skims) excluding salt slag

| — | wastes of refractory linings, including crucibles, originating from copper smelting |
| --- | --- |

—

wastes of refractory linings, including crucibles, originating from copper smelting

| — | slags from precious metals processing for further refining |
| --- | --- |

—

slags from precious metals processing for further refining

| — | tantalum bearing tin slags with less than 0,5 % tin |
| --- | --- |

—

tantalum bearing tin slags with less than 0,5 % tin

from B1100:

| — | hard zinc spelter |
| --- | --- |

—

hard zinc spelter

| — | the following zinc-containing drosses:






  — | galvanising slab zinc top dross (> 90 % Zn) |
| --- | --- | --- |

—

the following zinc-containing drosses:

—

galvanising slab zinc top dross (> 90 % Zn)

| — | galvanising slab zinc bottom dross (> 92 % Zn) |
| --- | --- |

—

galvanising slab zinc bottom dross (> 92 % Zn)

| — | zinc die-casting dross (> 85 % Zn) |
| --- | --- |

—

zinc die-casting dross (> 85 % Zn)

B1115

B1120 – B1150

B1160 – B1210

B1220 – B2010

B2020 – B2130

B3010 – B3020

B3030 – B3040

from B3050:

| — | cork waste: crushed, granulated or ground cork |
| --- | --- |

—

cork waste: crushed, granulated or ground cork

from B3050:

| — | wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms |
| --- | --- |

—

wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

B3060 – B3070

B3080

B3090 – B3130

B3140

B4010 – B4030

| GB040 | 7112
  2620 30
  2620 90 |
| --- | --- |

GB040

7112

2620 30

2620 90

GC010

GC020

| GC030 | ex 8908 00 |
| --- | --- |

GC030

ex 8908 00

GC050

| GE020 | ex 7001
  ex 7019 39 |
| --- | --- |

GE020

ex 7001

ex 7019 39

GF010

| GG030 | ex 2621 |
| --- | --- |

GG030

ex 2621

| GG040 | ex 2621 |
| --- | --- |

GG040

ex 2621

| GH013 | 3915 30
  ex 3904 10 -40 |
| --- | --- |

GH013

3915 30

ex 3904 10 -40

| GN010 | ex 0502 00 |
| --- | --- |

GN010

ex 0502 00

| GN020 | ex 0503 00 |
| --- | --- |

GN020

ex 0503 00

| GN030 | ex 0505 90 ’ |
| --- | --- |

GN030

ex 0505 90 ’

6.   After the entry for Thailand, the following entry is inserted:

‘Togo (Togolese Republic)

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| | | | from B3010:






  — | scrap plastic of the following non-halogenated polymers and copolymers:






  — | polypropylene |

(a)

(b)

(c)

(d)

from B3010:

—

scrap plastic of the following non-halogenated polymers and copolymers:

—

polypropylene

| — | polyethylene terephthalate |
| --- | --- |

—

polyethylene terephthalate

all other waste listed in Annex III of Regulation (EC) No 1013/2006’

7.   After the entry for Tunisia, the following entry is inserted:

‘Ukraine

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| | | B2020 | |
| | | B3010; B3020 | |
| | all other waste listed in Annex III of Regulation (EC) No 1013/2006’ | | |

(a)

(b)

(c)

(d)

B2020

B3010; B3020

all other waste listed in Annex III of Regulation (EC) No 1013/2006’

8.   The entry for Ivory Coast is deleted.

9.   The entry for Malaysia is replaced by the following:

‘Malaysia

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| from B1010:






  — | nickel scrap |

(a)

(b)

(c)

(d)

from B1010:

—

nickel scrap

| — | zinc scrap |
| --- | --- |

—

zinc scrap

| — | tungsten scrap |
| --- | --- |

—

tungsten scrap

| — | tantalum scrap |
| --- | --- |

—

tantalum scrap

| — | magnesium scrap |
| --- | --- |

—

magnesium scrap

| — | titanium scrap |
| --- | --- |

—

titanium scrap

| — | manganese scrap |
| --- | --- |

—

manganese scrap

| — | germanium scrap |
| --- | --- |

—

germanium scrap

| — | vanadium scrap |
| --- | --- |

—

vanadium scrap

| — | scrap of hafnium, indium, niobium, rhenium and gallium |
| --- | --- |

—

scrap of hafnium, indium, niobium, rhenium and gallium

| — | rare earths scrap |
| --- | --- |

—

rare earths scrap

| — | chromium scrap |
| --- | --- |

—

chromium scrap

from B1010:

| — | molybdenum scrap |
| --- | --- |

—

molybdenum scrap

| — | cobalt scrap |
| --- | --- |

—

cobalt scrap

| — | bismuth scrap |
| --- | --- |

—

bismuth scrap

| — | zirconium scrap |
| --- | --- |

—

zirconium scrap

| — | thorium scrap |
| --- | --- |

—

thorium scrap

from B1010

| — | precious metals (gold, silver, the platinum group, but not mercury) |
| --- | --- |

—

precious metals (gold, silver, the platinum group, but not mercury)

| — | iron and steel scrap |
| --- | --- |

—

iron and steel scrap

| — | copper scrap |
| --- | --- |

—

copper scrap

| — | aluminium scrap |
| --- | --- |

—

aluminium scrap

| — | tin scrap |
| --- | --- |

—

tin scrap

B1020 – B1090

from B1100:

all other waste

from B1100:

| — | hard zinc spelter |
| --- | --- |

—

hard zinc spelter

| — | zinc skimmings |
| --- | --- |

—

zinc skimmings

B1115

B1120 – B1140

B1150

B1160 – B1190

B1200; B1210

B1220 – B1240

B1250 – B2030

from B2040:

| — | partially refined calcium sulphate produced from flue-gas desulphurisation (FGD) |
| --- | --- |

—

partially refined calcium sulphate produced from flue-gas desulphurisation (FGD)

| — | slag from copper production, chemically stabilised, having a high iron content (above 20 %) and processed according to industrial specifications (e.g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications |
| --- | --- |

—

slag from copper production, chemically stabilised, having a high iron content (above 20 %) and processed according to industrial specifications (e.g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications

from B2040:

all other wastes

B2060

B2070; B2080

B2090

B2100

B2110 – B2130

B3010

B3020 – B3035

B3040

from B3050:

| — | wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms |
| --- | --- |

—

wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

from B3050:

| — | cork waste: crushed, granulated or ground cork |
| --- | --- |

—

cork waste: crushed, granulated or ground cork

from B3060:

| — | dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included (only rice bran and other by-products under 2302 20 100 /900 ) |
| --- | --- |

—

dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included (only rice bran and other by-products under 2302 20 100 /900 )

| — | waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised |
| --- | --- |

—

waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised

| — | cocoa shells, husks, skins and other cocoa waste |
| --- | --- |

—

cocoa shells, husks, skins and other cocoa waste

| — | other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption: |
| --- | --- |

—

other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption:

from B3060:

| — | dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included (only rice bran and other by-products under 2302 20 100 /900 ) |
| --- | --- |

—

dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included (only rice bran and other by-products under 2302 20 100 /900 )

| — | other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption: |
| --- | --- |

—

other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption:

B3065 – B3140

B4010

B4020

B4030

| GB040 | 7112
  2620 30
  2620 90 : |
| --- | --- |

GB040

7112

2620 30

2620 90 :

GC010

GC020

| GC030 | ex 8908 00 |
| --- | --- |

GC030

ex 8908 00

GC050

| GE020 | ex 7001
  ex 7019 39 |
| --- | --- |

GE020

ex 7001

ex 7019 39

GF010

| GG030 | ex 2621 |
| --- | --- |

GG030

ex 2621

| GG040 | ex 2621 |
| --- | --- |

GG040

ex 2621

| GH013 | 3915 30
  ex 3904 10 -40 |
| --- | --- |

GH013

3915 30

ex 3904 10 -40

| GN010 | ex 0502 00 |
| --- | --- |

GN010

ex 0502 00

| GN010 | ex 0502 00 |
| --- | --- |

GN010

ex 0502 00

| GN020 | ex 0503 00 |
| --- | --- |

GN020

ex 0503 00

| GN020 | ex 0503 00 |
| --- | --- |

GN020

ex 0503 00

| GN030 | ex 0505 90 |
| --- | --- |

GN030

ex 0505 90

| GN030 | ex 0505 90 ’ |
| --- | --- |

GN030

ex 0505 90 ’

10.   The entry for Moldova is replaced by the following:

‘Moldova (Republic of Moldova)

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| | | | B1010 |
| | | | B2020 |
| from B3020:
  all other waste | | | from B3020:






  — | unbleached paper or paperboard or of corrugated paper or paperboard |

(a)

(b)

(c)

(d)

B1010

B2020

from B3020:

all other waste

from B3020:

—

unbleached paper or paperboard or of corrugated paper or paperboard

| — | other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass |
| --- | --- |

—

other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass

| — | paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) |
| --- | --- |

—

paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter)

All other waste listed in Annex III of Regulation (EC) No 1013/2006’

11.   The entry for the Russian Federation is replaced by the following:

‘Russia (Russian Federation)

| (a) | (b) | (c) | (d) |
| --- | --- | --- | --- |
| | | | B1010 – B2120 |
| B2130 | | | |
| | | | B3010 – B3030 |
| B3035; B3040 | | | |
| | | | B3050 – B3070 |
| B3080 | | | |
| | | | B3090 |
| B3100 | | | |
| | | | B3110 – B3130 |
| B3140 | | | |
| | | | B4010 – B4030 |
| | | | GB040 | 7112
  2620 30
  2620 90 |

(a)

(b)

(c)

(d)

B1010 – B2120

B2130

B3010 – B3030

B3035; B3040

B3050 – B3070

B3080

B3090

B3100

B3110 – B3130

B3140

B4010 – B4030

GB040

7112

2620 30

2620 90

GC010

GC020

| GC030 | ex 8908 00 |
| --- | --- |

GC030

ex 8908 00

GC050

| GE020 | ex 7001 |
| --- | --- |

GE020

ex 7001

| GE020 | ex 7019 39 |
| --- | --- |

GE020

ex 7019 39

GF010

| GG030 | ex 2621 |
| --- | --- |

GG030

ex 2621

| GG040 | ex 2621 |
| --- | --- |

GG040

ex 2621

| GH013 | 3915 30
  ex 3904 10 -40 |
| --- | --- |

GH013

3915 30

ex 3904 10 -40

| GN010 | ex 0502 00 |
| --- | --- |

GN010

ex 0502 00

| GN020 | ex 0503 00 |
| --- | --- |

GN020

ex 0503 00

| GN030 | ex 0505 90 ’ |
| --- | --- |

GN030

ex 0505 90 ’

---