Commission Regulation (EC) No 77/2001
of 5 January 2001
amending the Annexes to Regulation (EC) No 1547/1999 and Council Regulation (EC) No 1420/1999 as regards shipments of certain types of waste to Albania, Brazil, Bulgaria, Burundi, Jamaica, Morocco, Nigeria, Peru, Romania, Tunisia and Zimbabwe
(Text with EEA relevance)
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community(1), as last amended by Commission Decision 1999/816/EC(2), and in particular Article 17(3) thereof,
Having regard to Council Regulation (EC) No 1420/1999 of 29 April 1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste(3), as amended by Commission Regulation (EC) No 1208/2000(4), and in particular Article 3(5) thereof,
Whereas:
(1) In January 2000, the Commission sent a note verbale to all non-OECD countries (plus Hungary and Poland which do not yet apply OECD Decision C(92) 39 final). The purpose of this note verbale was three fold: (a) to inform these countries of the Community's new regulations; (b) to ask for confirmation of the respective positions as outlined in the Annexes to Regulation (EC) No 1420/1999 and Commission Regulation (EC) No 1547/1999 of 12 July 1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decision C(92) 39 final does not apply(5), as last amended by Regulation (EC) No 1552/2000(6), and (c) to have an answer from those countries which did not reply in 1994.
(2) Among the countries that replied, Brazil, Bulgaria, Burundi, Jamaica, Morocco, Nigeria, Peru, Romania, Tunisia and Zimbabwe notified the Commission that the import of certain wastes listd in Annex II to Regulation (EEC) No 259/93 is accepted either without any control procedure or subject to control pursuant to the control procedure applying to Annex III or IV thereto or laid down in Article 15 thereof. Concerning other waste, they have indicated that they do not wish to receive shipments.
(3) Albania replied to the note verbale stating that its position has not changed. However, the provisions concerning Albania need to be amended to take into account the new labelling system for certain types of waste laid down in Annex II to Regulation (EC) No 259/93 as amended by Decision 1999/816/EC.
(4) In accordance with Article 17(3) of Regulation (EEC) No 259/93, the Committee set up by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste(7), as last amended by Commission Decision 96/350/EC(8), was notified of the official request of these countries on 23 June 2000 (on 12 July 2000 for Burundi).
(5) In order to take into account the new situation of these countries, it is necessary to amend at the same time Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999.
(6) The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 18 of Directive 75/442/EEC,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1547/1999 is amended as follows:
1. Annex A is amended as set out in Annex A to this Regulation;
2. Annex B is amended as set out in Annex B to this Regulation;
3. Annex C is amended as set out in Annex C to this Regulation;
4. Annex D is amended as set out in Annex D to this Regulation.
Article 2
Regulation (EC) No 1420/1999 is amended as follows:
1. Annex A is amended as set out in Annex E to this Regulation;
2. Annex B is amended as set out in Annex F to this Regulation.
Article 3
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 5 January 2001.