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
(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 supervision and control of application shipments of waste within, into and out of the European Community(1), as last amended by Commission Regulation (EC) No 2408/98(2), and in particular Article 17(3) thereof,
After consultation of the countries of destination concerned,
(1) Whereas Article 1(3)(a) of Council Regulation (EEC) No 259/93 excludes from its scope of application shipments of waste destined for recovery only and listed in Annex II to the same Regulation, as that Annex has been amended by Commission Decision 98/368/EC(3), except as provided for by, inter alia, Articles 17(1), (2) and (3);
(2) Whereas in accordance with Article 17(1) of Regulation (EEC) No 259/93 the Commission has notified to every country to which OECD Council Decision C(92) 39 Final of 30 March 1992 concerning the control of transfrontier movements of waste destined for recovery operations does not apply the list of waste included in Annex II to the said Regulation; whereas the Commission has requested confirmed that such waste is not subject to control in the country of destination, or has asked that such countries indicate whether the waste should be subject to the control procedures which apply to Annex III or IV to the said Regulation, or to the procedure laid down in Article 15 thereof;
(3) Whereas certain countries indicated that such waste should be subject to one of these control procedures; whereas the Commission, acting pursuant to the provisions of Article 17(3) of Regulation (EEC) No 259/93, adopted Decision 94/575/EC of 20 July 1994 determining the control procedure under Council Regulation (EEC) No 259/93 as regards certain shipments of waste to certain non-OECD countries(4);
(4) Whereas some OECD countries still do not apply OECD Decision C(92) 39 Final, but may do so in the future;
(5) Whereas certain further third countries have also indicated that one of the control procedures provided for in Regulation (EEC) No 259/93 should be applied;
(6) Whereas the Commission has notified the requests of these third countries to the Committee established pursuant to Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste(5), as last amended by Commission Decision 96/350/EC(6);
(7) Whereas in accordance with Article 17(3) of Regulation (EEC) No 259/93 where such waste is subject to control in the country of destination, or upon request of such a country, exports of such waste to that country are to be subjected to control;
(8) Whereas it is appropriate to update and bring together all of these export arrangements in respect of the above countries in a single text, and, in the interests of clarity and legal certainty, to list those categories of waste which are not subject to control procedures; whereas Decision 94/575/EC should therefore be repealed;
(9) Whereas with regard to shipments to ACP States, Article 39 of the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989(7), prohibits export to those countries of Hazardous wastes listed in Annexes I and II to the Basel Convention on the Control of transboundary Movements of Hazardous Wastes and their Disposal, which was concluded on behalf of the Community by Council Decision 93/98/EEC(8); whereas, furthermore, certain items of such waste may be found in Annex II to Regulation (EEC) No 259/93; whereas, in those circumstances and in order to comply with the Community's international obligations, it must be made clear that such shipments of such items to ACP countries are prohibited,
HAS ADOPTED THIS REGULATION:
Article 1
1. The control procedure applicable to wastes listed in Annex III to Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex A to this Regulation in respect of those categories of waste listed in Annex II to Regulation (EEC) No 259/93 which are also set out in Annex A.
2. The control procedure applicable to wastes listed in Annex IV to Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex B to this Regulation in respect of those categories of waste listed in Annex II to Regulation (EEC) No 259/93 which are also set out in Annex B.
3. The control procedure laid down in Article 15 to Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex C to this Regulation in respect of those categories of waste listed in Annex II to Regulation (EEC) No 259/93 which are also set out in Annex C.
4. Without prejudice to points (b) to (e) of Article 1(3) of Regulation (EEC) No 259/93, or to Article 11 thereof, no control procedure shall apply to exports to the countries listed in Annex D to this Regulation in respect of those categories of waste listed in Annex II to Regulation (EEC) No 259/93 which are also set out in Annex D.
5. Once an OECD country which is listed in Annex A, B and/or C and to which OECD Decision C(92) 39 Final does not apply at the time of entry into force of this Regulation, implements that OECD Decision, this Regulation shall no longer apply to that country.
Article 2
The provisions of Article 1 shall be without prejudice to the prohibitions set out in the Fourth ACP-EC Convention as regards shipments of waste to ACP countries.
Article 3
Decision 94/575/EC is hereby repealed.
Article 4
This Regulation shall enter into force on the thirtieth day following that of 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, 12 July 1999.