This document is meant purely as documentation tool and the institutions do not assume any liability for its contents
"BCOUNCIL 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
(OJ L 30, 6.2.1993, p. 1)
Amended by:
Official Journal
No page date
"M1 Commission Decision 94/721/EC of 21 October 1994 L 288 36 9.11.1994
"M2 Commission Decision 96/660/EC of 14 November 1996 L 304 15 27.11.1996
"M3 Council Regulation (EC) No 120/97 of 20 January 1997 L 22 14 24.1.1997
"M4 Commission Decision 98/368/EC of 18 May 1998 L 165 20 10.6.19981993R0259 — EN — 19.05.1998 — 004.001 — 1
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
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 130s thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas the Community has signed the Basle Convention of 22 March
1989 on the control of transboundary movements of hazardous wastes
and their disposal;
Whereas provisions concerning waste are contained in Article 39 of the
ACP-EEC Convention of 15 December 1989;
Whereas the Community has approved the Decision of the OECD
Council of 30 March 1992 on the control of transfrontier movements of
wastes destined for recovery operations;
Whereas, in the light of the foregoing, Directive 84/631/EEC (4), which
organizes the supervision and control of transfrontier shipments of
hazardous waste, needs to be replaced by a Regulation;
Whereas the supervision and control of shipments of waste within a
Member State is a national responsibility; whereas, however, national
systems for the supervision and control of shipments of waste within a
Member State should comply with minimum criteria in order to ensure a
high level of protection of the environment and human health;
Whereas it is important to organize the supervision and control of
shipments of wastes in a way which takes account of the need to
preserve, protect and improve the quality of the environment;
Whereas Council Directive 75/442/EEC of 15 July 1975 on waste (5)l a y s
down in its Article 5 (1) that an integrated and adequate network of waste
disposal installations, to be established by Member States through
appropriate measures, where necessary or advisable in cooperation with
other Member States, must enable the Community as a whole to become
self-sufficient in waste disposal and the Member States to move towards
that aim individually, taking into account geographical circumstances or
the need for specialized installations for certain types of waste; whereas
Article 7 of the said Directive requests the drawing up of waste
management plans, if appropriate in cooperation with the Member States
concerned, which shall be notified to the Commission, and stipulates that
Member States may take measures necessary to prevent movements of
waste which are not in accordance with their waste management plans
and that they shall inform the Commission and the other Member States
of any such measures;
Whereas it is necessary to apply different procedures depending on the
type of waste and its destination, including whether it is destined for
disposal or recovery;!B
(1) OJ No C 115, 6. 5. 1992, p. 4.
(2) OJ No C 94, 13. 4. 1992, p. 276 and opinion delivered on 20 January 1993
(not yet published in the Official Journal).
(3) OJ No C 269, 14. 10. 1991, p. 10.
(4) OJ No L 326, 13. 12. 1984, p. 31. Directive as last amended by Directive
91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).
(5) OJ No L 194, 25. 7. 1975, p. 39. Directive as amended by Directive
91/156/EEC (OJ No L 78, 26. 3. 1991, p. 32).1993R0259 — EN — 19.05.1998 — 004.001 — 2
Whereas shipments of waste must be subject to prior notification to the
competent authorities enabling them to be duly informed in particular of
the type, movement and disposal or recovery of the waste, so that these
authorities may take all necessary measures for the protection of human
health and the environment, including the possibility of raising reasoned
objections to the shipment;
Whereas Member States should be able to implement the principles of
proximity, priority for recovery and self-sufficiency at Community and
national levels — in accordance with Directive 75/442/EEC — by taking
measures in accordance with the Treaty to prohibit generally or partially
or to object systematically to shipments of waste for disposal, except in
the case of hazardous waste produced in the Member State of dispatch in
such a small quantity that the provision of new specialized disposal
installations within that State would be uneconomic; whereas the
specific problem of disposal of such small quantities requires
cooperation between the Member States concerned and possible recourse
to a Community procedure;
Whereas exports of waste for disposal to third countries must be
prohibited in order to protect the environment of those countries;
whereas exceptions shall apply to exports to EFTA countries which are
also Parties to the Basle Convention;
Whereas exports of waste for recovery to countries to which the OECD
Decision does not apply must be subject to conditions providing for
environmentally sound management of waste;
Whereas agreements or arrangements on exports of waste for recovery
with countries to which the OECD Decision does not apply must be
subject to periodic review by the Commission leading, if appropriate, to a
proposal by the Commission to reconsider the conditions under which
such exports take place, including the possibility of a ban;
Whereas shipments of waste for recovery listed on the green list of the
OECD Decision shall be generally excluded from the control procedures
of this Regulation since such waste should not normally present a risk to
the environment if properly recovered in the country of # IO116,9 #
destination; whereas some exceptions to this exclusion are necessary in
accordance with Community legislation and the OECD Decision;
whereas some exceptions are also necessary in order to facilitate the
tracking of such shipments within the Community and to take account of
exceptional cases; whereas such waste shall be subject to Directive
75/442/EEC;
Whereas exports of waste for recovery listed on the OECD green list to
countries to which the OECD Decision does not apply must be subject to
consultation by the Commission with the country of destination; whereas
it may be appropriate in the light of such consultation that the
Commission make proposals to the Council;
Whereas exports of waste for recovery to countries which are not parties
to the Basle Convention must be subject to specific agreements between
these countries and the Community; whereas Member States must, in
exceptional cases, be able to conclude after the date of application of this
Regulation bilateral agreements for the import of specific waste before
the Community has concluded such agreements, in the case of waste for
recovery in order to avoid any interruption of waste treatment and in the
case of waste for disposal where the country of dispatch does not have or
cannot reasonably acquire the technical capacity and necessary facilities
to dispose of the waste in an environmentally sound manner;
Whereas provision must be made for the waste to be taken back or to be
disposed of or recovered in an alternative and environmentally sound
manner if the shipment cannot be completed in accordance with the
terms of the consignment note or the contract;
Whereas, in the event of illegal traffic, the person whose action is the
cause of such traffic must take back and/or dispose of or recover the
waste in an alternative and environmentally sound manner; whereas,
should he fail to do so, the competent authorities of dispatch or
destination, as appropriate, must themselves intervene;!B1993R0259 — EN — 19.05.1998 — 004.001 — 3
Whereas it is important for a system of financial guarantees or equivalent
insurance to be established;
Whereas Member States must provide the Commission with information
relevant to the implementation of this Regulation;
Whereas the documents provided for by this Regulation must be
established and the Annexes adapted within a Community procedure,
HAS ADOPTED THIS REGULATION:
TITLE I
SCOPE AND DEFINITIONS
Article 1
1. This Regulation shall apply to shipments of waste within, into and
out of the Community.
2. The following shall be excluded from the scope of this Regulation:(a) the offloading to shore of waste generated by the normal operation of
ships and offshore platforms, including waste water and residues,
provided that such waste is the subject of a specific binding
international instrument;
(b) shipments of civil aviation waste;(c) shipments of radioactive waste as defined in Article 2 of Directive
92/3/Euratom of 3 February 1992 on the supervision and control of
shipments of radioactive waste between Member States and into and
out of the Community (
1);
(d) shipments of waste mentioned in Article 2 (1) (b) of Directive
75/442/EEC, where they are already covered by other relevant
legislation;
(e) shipments of waste into the Community in accordance with the
requirements of the Protocol on Environmental Protection to the
Antarctic Treaty.
3. (a) Shipments of waste destined for recovery only and listed in
Annex II shall also be excluded from the provisions of this
Regulation except as provided for in subparagraphs (b), (c), (d)
and (e), in Article 11 and in Article 17 (1), (2) and (3).
(b) Such waste shall be subject to all provisions of Directive
75/442/EEC. It shall in particular be:
— destined for duly authorized facilities only, authorized
according to Article 10 and 11 of Directive 75/442/EEC,
— subject to all provisions of Articles 8, 12, 13 and 14 of
Directive 75/442/EEC.
(c) However, certain wastes listed in Annex II may be controlled, if,
among other reasons, they exhibit any of the hazardous
characteristics listed in Annex III of Council Directive
91/689/EEC (2), as if they had been listed in Annex III or IV .
These wastes and the decision about which of the two procedures
should be followed shall be determined in accordance with the
procedure laid down in Article 18 of Directive 75/442/EEC.
Such wastes shall be listed in Annex II (a).
(d) In exceptional cases, shipments of wastes listed in Annex II may,
for environmental or public health reasons, be controlled by
Member States as if they had been listed in Annex III or IV .!B
(1) OJ No L 35, 12. 2. 1992, p. 24.
(2) OJ No L 377, 31. 12. 1991, p. 20.1993R0259 — EN — 19.05.1998 — 004.001 — 4
Member States which make use of this possibility shall
immediately notify the Commission of such cases and inform
other Member States, as appropriate, and give reasons for their
decision. The Commission, in accordance with the procedure
laid down in Article 18 of Directive 75/442/EEC, may confirm
such action including, where appropriate, by adding such wastes
to Annex II.A.
(e) Where waste listed in Annex II is shipped in contravention of
this Regulation or of Directive 75/442/EEC, Member States may
apply appropriate provisions of Articles 25 and 26 of this
Regulation.
Article 2
For the purposes of this Regulation:
(a)waste is as defined in Article 1 (a) of Directive 75/442/EEC;
(b)competent authorities means the competent authorities designated by
either the Member States in accordance with Article 36 or
non-Member States;
(c)competent authority of dispatch means the competent authority,
designated by the Member States in accordance with Article 36, for
the area from which the shipment is dispatched or designated by
non-Member States;
(d)competent authority of destination means the competent authority,
designated by the Member States in accordance with Article 36, for
the area in which the shipment is received, or in which waste is
loaded on board before disposal at sea without prejudice to existing
conventions on disposal at sea or designated by non-Member States;
(e)competent authority of transit means the single authority designated
by Member States in accordance with Article 36 for the State
through which the shipment is in transit;
(f)correspondent means the central body designated by each Member
State and the Commission, in accordance with Article 37;
(g)notifier means any natural person or corporate body to whom or to
which the duty to notify is assigned, that is to say the person referred
to hereinafter who proposes to ship waste or have waste shipped:
(i) the person whose activities produced the waste (original
producer); or
(ii) where this is not possible, a collector licensed to this effect by a
Member State or a registered or licensed dealer or broker who
arranges for the disposal or the recovery of waste; or
(iii) where these persons are unknown or are not licensed, the person
having possession or legal control of the waste (holder); or
(iv) in the case of import into or transit through the Community of
waste, the person designated by the laws of the State of dispatch
or, when this designation has not taken place, the person having
possession or legal control of the waste (holder);
(h)consignee means the person or undertaking to whom or to which the
waste is shipped for recovery or disposal;
(i)disposal is as defined in Article 1 (e) of Directive 75/442/EEC;
(j)authorized centre means any establishment or undertaking auth-
orized or licensed pursuant to Article 6 of Directive 75/439/EEC (1),
Articles 9, 10 and 11 of Directive 75/442/EEC and Article 6 of
Directive 76/403/EEC (2);
(k)recovery is as defined in Article 1 (f) of Directive 75/442/EEC;!B
(1) OJ No L 194, 25. 7. 1975, p. 23. Directive as last amended by Directive
91/692/EEC (OJ No L 377, 31. 12. 1991, p. 48).
(2) OJ No L 108, 26. 4. 1976, p. 41.1993R0259 — EN — 19.05.1998 — 004.001 — 5
(l)State of dispatch means any State from which a shipment of waste is
planned or made;
(m)State of destination means any State to which a shipment of waste is
planned or made for disposal or recovery, or for loading on board
before disposal at sea without prejudice to existing conventions on
disposal at sea;
(n)State of transit means any State, other than the State of dispatch or
destination, through which a shipment of waste is planned or made;
(o)consignment note means the standard consignment note to be drawn
up in accordance with Article 42;
(p)the Basle Convention means the Basle Convention of 22 March 1989
on the control of transboundary movements of hazardous wastes and
their disposal;
(q)the fourth Lomé Convention means the Lomé Convention of 15
December 1989;
(r)the OECD Decision means the decision of the OECD Council of 30
March 1992 on the control of transfrontier movements of wastes
destined for recovery operations.
TITLE II
SHIPMENTS OF W ASTE BETWEEN MEMBER STATES
Chapter A
Waste for disposal
Article 3
1. Where the notifier intends to ship waste for disposal from one
Member State to another Member State and/or pass it in transit through
one or several other Member States, and without prejudice to Articles 25
(2) and 26 (2), he shall notify the competent authority of destination and
send a copy of the notification to the competent authorities of dispatch
and of transit and to the consignee.
2. Notification shall mandatorily cover any intermediate stage of the
shipment from the place of dispatch to its final destination.
3. Notification shall be effected by means of the consignment note
which shall be issued by the competent authority of dispatch.
4. In making notification, the notifier shall complete the consignment
note and shall, if requested by competent authorities, supply additional
information and documentation.
5. The notifier shall supply on the consignment note information with
particular regard to:
— the source, composition and quantity of the waste for disposal
including, in the case of Article 2 (g) (ii), the producer’ s identity and,
in the case of waste from various sources a detailed inventory of the
waste and, if known, the identity of the original producers,
— the arrangements for routing and for insurance against damage to
third parties,
— the measures to be taken to ensure safe transport and, in particular,
compliance by the carrier with the conditions laid down for transport
by the Member States concerned,
— the identity of the consignee of the waste, the location of the disposal
centre and the type and duration of the authorization under which the
centre operates. The centre must have adequate technical capacity!B1993R0259 — EN — 19.05.1998 — 004.001 — 6
for the disposal of the waste in question under conditions presenting
no danger to human health or to the environment,
— the operations involving disposal as referred to in Annex II.A to
Directive 75/442/EEC.
6. The notifier must make a contract with the consignee for the
disposal of the waste.
The contract may include some or all of the information referred to in
paragraph 5.
The contract must include the obligation:— of the notifier, in accordance with Articles 25 and 26 (2), to take the
waste back if the shipment has not been completed as planned or if it
has been effected in violation of this Regulation,
— of the consignee, to provide as soon as possible and no later than 180
days following the receipt of the waste a certificate to the notifier
that the waste has been disposed of in an environmentally sound
manner.
A copy of this contract must be supplied to the competent authority on
request.
Should the waste be shipped between two establishments under the
control of the same legal entity, this contract may be replaced by a
declaration by the entity in question undertaking to dispose of the waste.
7. The information given in accordance with paragraphs 4 to 6 shall be
treated confidentially in accordance with existing national regulations.
8. A competent authority of dispatch may, in accordance with national
legislation, decide to transmit the notification itself instead of the
notifier to the competent authority of destination, with copies to the
consignee and to the competent authority of transit.
The competent authority of dispatch may decide not to proceed with
notification if it has itself immediate objections to raise against the
shipment in accordance with Article 4 (3). It shall immediately inform
the notifier of these objections.
Article 4
1. On receipt of the notification, the competent authority of destination
shall, within three working days, send an acknowledgement to the
notifier and copies thereof to the other competent authorities concerned
and to the consignee.
2. (a) The competent authority of destination shall have 30 days
following dispatch of the acknowledgement to take its decision
authorizing the shipment, with or without conditions, or refusing
it. It may also request additional information.
It shall give its authorization only in the absence of objections on
its part or on the part of the other competent authorities. The
authorization shall be subject to any transport conditions
referred to in (d).
The competent authority of destination shall take its decision not
earlier than 21 days following the dispatch of the acknowledge-
ment. It may, however, take its decision earlier if it has the
written consent of the other competent authorities concerned.
The competent authority of destination shall send its decision to
the notifier in writing, with copies to the other competent
authorities concerned.
(b) The competent authorities of dispatch and transit may raise
objections within 20 days following the dispatch of the
acknowledgement. They may also request additional in-
formation. These objections shall be conveyed in writing to
the notifier, with copies to the other competent authorities
concerned.!B1993R0259 — EN — 19.05.1998 — 004.001 — 7
(c) The objections and conditions referred to in (a) and (b) shall be
based on paragraph 3.
(d) The competent authorities of dispatch and transit may, within 20
days following the dispatch of the acknowledgement, lay down
conditions in respect of the transport of waste within their
jurisdiction.
These conditions must be notified to the notifier in writing, with
copies to the competent authorities concerned, and entered in the
consignment note. They may not be more stringent than those
laid down in respect of similar shipments occurring wholly
within their jurisdiction and shall take due account of existing
agreements, in particular relevant international conventions.
3. (a) (i) In order to implement the principles of proximity, priority
for recovery and self-sufficiency at Community and national
levels in accordance with Directive 75/442/EEC, Member
States may take measures in accordance with the Treaty to
prohibit generally or partially or to object systematically to
shipments of waste. Such measures shall immediately be
notified to the Commission, which will inform the other
Member States.
(ii) In the case of hazardous waste (as defined in Article 1 (4) of
Directive 91/689/EEC) produced in a Member State of
dispatch in such a small quantity overall per year that the
provision of new specialized disposal installations within
that State would be uneconomic, (i) shall not apply.
(iii) The Member State of destination shall cooperate with the
Member State of dispatch which considers that (ii) applies,
with a view to resolving the issue bilaterally. If there is no
satisfactory solution, either Member State may refer the
matter to the Commission, which will determine the issue in
accordance with the procedure laid down in Article 18 of
Directive 75/442/EEC.
(b) The competent authorities of dispatch and destination, while
taking into account geographical circumstances or the need for
specialized installations for certain types of waste, may raise
reasoned objections to planned shipments if they are not in
accordance with Directive 75/442/EEC, especially Articles 5 and
7:
(i) in order to implement the principle of self-sufficiency at
Community and national levels;
(ii) in cases where the installation has to dispose of waste from a
nearer source and the competent authority has given priority
to this waste;
(iii) in order to ensure that shipments are in accordance with
waste management plans.
(c) Furthermore, the competent authorities of dispatch, destination
and transit may raise reasoned objections to the planned
shipment if:
— it is not in accordance with national laws and regulations
relating to environmental protection, public order, public
safety or health protection,
— the notifier or the consignee was previously guilty of illegal
trafficking.
In this case, the competent authority of dispatch may refuse
all shipments involving the person in question in accordance
with national legislation, or
— the shipment conflicts with obligations resulting from
international conventions concluded by the Member State
or Member States concerned.!B1993R0259 — EN — 19.05.1998 — 004.001 — 8
4. If, within the time limits laid down in paragraph 2, the competent
authorities are satisfied that the problems giving rise to their objections
have been solved and that the conditions in respect of the transport will
be met, they shall immediately inform the notifier in writing, with copies
to the consignee and to the other competent authorities concerned.
If there is subsequently any essential change in the conditions of the
shipment, a new notification must be made.
5. The competent authority of destination shall signify its authorization
by appropriately stamping the consignment note.
Article 5
1. The shipment may be effected only after the notifier has received
authorization from the competent authority of destination.
2. Once the notifier has received authorization, he shall insert the date
of shipment and otherwise complete the consignment note and send
copies to the competent authorities concerned three working days before
the shipment is made.
3. A copy or, if requested by the competent authorities, a specimen of
the consignment note, together with the stamp of authorization, shall
accompany each shipment.
4. All undertakings involved in the operation shall complete the
consignment note at the points indicated, sign it and retain a copy
thereof.
5. Within three working days following receipt of the waste for
disposal, the consignee shall send copies of the completed consignment
note, except for the certificate referred to in paragraph 6, to the notifier
and the competent authorities concerned.
6. As soon as possible and not later than 180 days following the receipt
of the waste, the consignee shall, under his responsibility, send a
certificate of disposal to the notifier and the other competent authorities
concerned. This certificate shall be part of or attached to the
consignment note which accompanies the shipment.
Chapter B
Waste for recovery
Article 6
1. Where the notifier intends to ship waste for recovery listed in Annex
III from one Member State to another Member State and/or pass it in
transit through one or several other Member States, and without
prejudice to Articles 25 (2) and 26 (2), he shall notify the competent
authority of destination and send copies of the notification to the
competent authorities of dispatch and transit and to the consignee.
2. Notification shall mandatorily cover any intermediary stage of the
shipment from the place of dispatch to its final destination.
3. Notification shall be effected by means of the consignment note
which shall be issued by the competent authority of dispatch.
4. In making notification, the notifier shall complete the consignment
note and shall, if requested by competent authorities, supply additional
information and documentation.
5. The notifier shall supply on the consignment note information with
particular regard to:
— the source, composition and quantity of the waste for recovery,
including the producer’s identity and, in the case of waste from
various sources, a detailed inventory of the waste and, if known, the
indentity of the original producer,!B1993R0259 — EN — 19.05.1998 — 004.001 — 9
— the arrangements for routing and for insurance against damage to
third parties,
— the measures to be taken to ensure safe transport and, in particular,
compliance by the carrier with the conditions laid down for transport
by the Member States concerned,
— the identity of the consignee of the waste, the location of the
recovery centre and the type and duration of the autorization under
which the centre operates. The centre must have adequate technical
capacity for the recovery of the waste in question under conditions
presenting no danger to human health or to the environment,
— the operations involving recovery as contained in Annex II.B to
Directive 75/442/EEC,
— the planned method of disposal for the residual waste after recycling
has taken place,
— the amount of the recycled material in relation to the residual waste,— the estimated value of the recycled material.6. The notifier must conclude a contract with the consignee for the
recovery of the waste.
The contract may include some or all of the information referred to in
paragraph 5.
The contract must include the obligation:— of the notifier, in accordance with Articles 25 and 26 (2), to take the
waste back if the shipment has not been completed as planned or if it
has been effected in violation of this Regulation,
— of the consignee to provide, in the case of retransfer of the waste for
recovery to another Member State or to a third country, the
notification of the initial country of dispatch,
— of the consignee to provide, as soon as possible and not later than
180 days following the receipt of the waste, a certificate to the
notifier that the waste has been recovered in an environmentally
sound manner.
A copy of this contract must be supplied to the competent authority on
request.
Should the waste be shipped between two establishments under the
control of the same legal entity, this contract may be replaced by a
declaration by the entity in question undertaking to recover the waste.
7. The information given in accordance with paragraphs 4 to 6 shall be
treated confidentially in accordance with existing national regulations.
8. A competent authority of dispatch may, in accordance with national
legislation, decide to transmit the notification itself instead of the
notifier to the competent authority of destination, with copies to the
consignee and to the competent authority of transit.
Article 7
1. On receipt of the notification the competent authority of destination
shall send, within three working days, an acknowledgement to the
notifier and copies thereof to the other competent authorities and to the
consignee.
2. The competent authorities of destination, dispatch and transit shall
have 30 days following dispatch of the acknowledgement to object to the
shipment. Such objection shall be based on paragraph 4. Any objection
must be provided in writing to the notifier and to other competent
authorities concerned within the 30-day period.
The competent authorities concerned may decide to provide written
consent in a period less than the 30 days.!B1993R0259 — EN — 19.05.1998 — 004.001 — 10
Written consent or objection may be provided by post, or by telefax
followed by post. Such consent shall expire within one year unless
otherwise specified.
3. The competent authorities of dispatch, destination and transit shall
have 20 days following the dispatch of the acknowledgement in which to
lay down conditions in respect of the transport of waste within their
jurisdiction.
These conditions must be notified to the notifier in writing, with copies
to the competent authorities concerned, and entered in the consignment
note. They may not be more stringent that those laid down in respect of
similar shipments occuring wholly within their jurisdiction and shall take
due account of existing agreements, in particular relevant international
conventions.
4. (a) The competent authorities of destination and dispatch may raise
reasoned objections to the planned shipment:
— in accordance with Directive 75/442/EEC, in particular
Article 7 thereof, or
— if it is not in accordance with national laws and regulations
relating to environmental protection, public order, public
safety or health protection, or
— if the notifier or the consignee has previously been guilty of
illegal trafficking. In this case, the competent authority of
dispatch may refuse all shipments involving the person in
question in accordance with national legislation, or
— if the shipment conflicts with obligations resulting from
international conventions concluded by the Member State or
Member States concerned, or
— if the ratio of the recoverable and non-recoverable waste, the
estimated value of the materials to be finally recovered or
the cost of the recovery and the cost of the disposal of the
non recoverable fraction do not justify the recovery under
economic and environmental considerations.
(b) The competent authorities of transit may raise reasoned
objections to the planned shipment based on the second, third
and fourth indents of (a).
5. If within the time limit laid down in paragraph 2 the competent
authorities are satisfied that the problems giving rise to their objections
have been solved and that the conditions in respect of the transport will
be met, they shall immediately inform the notifier in writing, with copies
to the consignee and to the other competent authorities concerned.
If there is subsequently any essential change in the conditions of the
shipment, a new notification must be made.
6. In case of prior written consent, the competent authority shall signify
its authorization by appropriately stamping the consignment note.
Article 8
1. The shipment may be effected after the 30-day period has passed if
no objection has been lodged. Tacit consent, however, expires within one
year from that date.
Where the competent authorities decide to provide written consent, the
shipment may be effected immediately after all necessary consents have
been received.
2. The notifier shall insert the date of shipment and otherwise complete
the consignment note and send copies to the competent authorities
concerned three working days before the shipment is made.
3. A copy or, if requested by the competent authorities, a specimen of
the consignment note shall accompany each shipment.!B1993R0259 — EN — 19.05.1998 — 004.001 — 11
4. All undertakings involved in the operation shall complete the
consignment note at the points indicated, sign it and retain a copy
thereof.
5. Within three working days following receipt of the waste for
recovery, the consignee shall send copies of the completed consignment
note, except for the certificate referred to in paragraph 6, to the notifier
and to the competent authorities concerned.
6. As soon as possible and not later than 180 days following receipt of
the waste the consignee, under his responsability, shall send a certificate
of recovery of the waste to the notifier and the other competent
authorities concerned. This certificate shall be part of or attached to the
consignment note which accompanies the shipment.
Article 9
1. The competent authorities having jurisdiction over specific recovery
facilities may decide, notwithstanding Article 7, that they will not raise
objections concerning shipments of certain types of waste to a specific
recovery facility. Such decisions may be limited to a specific period of
time; however, they may be revoked at any time.
2. Competent authorities which select this option shall inform the
Commission of the recovery facility name, address, technologies
employed, waste types to which the decision applies and the period
covered. Any revocations must also be notified to the Commission.
The Commission shall send this information without delay to the other
competent authorities concerned in the Community and to the OECD
Secretariat.
3. All intended shipments to such facilities shall require notification to
the competent authorities concerned, in accordance with Article 6. Such
notification shall arrive prior to the time the shipment is dispatched.
The competent authorities of the Member States of dispatch and transit
may raise objections to any such shipment, based on Article 7 (4), or
impose conditions in respect of the transport.
4. In instances where competent authorities acting under terms of their
domestic laws are required to review the contract referred to in Article 6
(6), these authorities shall so inform the Commission. In such cases, the
notification plus the contracts or portions thereof to be reviewed must
arrive seven days prior to the time the shipment is dispatched in order
that such review may be appropriately performed.
5. For the actual shipment, Article 8 (2) to (6) shall apply.
Article 10
Shipments of waste for recovery listed in Annex IV and of waste for
recovery which has not yet been assigned to Annex II, Annex III or
Annex IV shall be subject to the same procedures as referred to in
Articles 6 to 8 except that the consent of the competent authorities
concerned must be provided in writing prior to commencement of
shipment.
Article 11
1. In order to assist the tracking of shipments of waste for recovery
listed in Annex II, they shall be accompanied by the following
information, signed by the holder:
(a) the name and address of the holder;(b) the usual commercial description of the waste;(c) the quantity of the waste;(d) the name and address of the consignee;!B1993R0259 — EN — 19.05.1998 — 004.001 — 12
(e) the operations involving recovery, as listed in Annex II.B to
Directive 75/442/EEC;
(f) the anticipated date of shipment.2. The information specified in paragraph 1 shall be treated confiden-
tially in accordance with existing national regulations.
Chapter C
Shipment of waste for disposal and recovery between Member States
with transit via third States
Article 12
Without prejudice to Articles 3 to 10, where a shipment of waste takes
place between Member States with transit via one or more third States,
(a) the notifier shall send a copy of the notification to the competent
authority(ies) of the third State(s);
(b) the competent authority of destination shall ask the competent
authority in the third State(s) whether it wishes to send its written
consent to the planned shipment:
— in the case of parties to the Basle Convention, within 60 days,
unless it has waived this right in accordance with the terms of
that Convention, or
— in the case of countries not parties to the Basle Convention,
within a period agreed between the competent authorities.
In both cases the competent authority of destination shall, where
appropriate, wait for consent before giving its authorization.
TITLE III
SHIPMENTS OF W ASTE WITHIN MEMBER STATES
Article 13
1. Titles II, VII and VIII shall not apply to shipments within a Member
State.
2. Member States shall, however, establish an appropriate system for
the supervision and control of shipments of waste within their
jurisdiction. This system should take account of the need for coherence
with the Community system established by this Regulation.
3. Member States shall inform the Commission of their system for the
supervision and control of shipments of waste. The Commission shall
inform the other Member States thereof.
4. Member States may apply the system provided for in Titles II, VII
and VIII within their jurisdiction.!B1993R0259 — EN — 19.05.1998 — 004.001 — 13
TITLE IV
EXPORTS OF W ASTE
Chapter A
Waste for disposal
Article 14
1. All exports of waste for disposal shall be prohibited, except those to
EFTA countries which are also parties to the Basle Convention.
2. However, without prejudice to Articles 25 (2), and 26 (2), exports of
waste for disposal to an EFTA country shall also be banned:
(a) where the EFTA country of destination prohibits imports of such
wastes or where it has not given its written consent to the specific
import of this waste;
(b) if the competent authority of dispatch in the Community has reason
to believe that the waste will not be managed in accordance with
environmentally sound methods in the EFTA country of destination
concerned.
3. The competent authority of dispatch shall require that any waste for
disposal authorized for export to EFTA countries be managed in an
environmentally sound matter throughout the period of shipment and in
the State of destination.
Article 15
1. The notifier shall send the notification to the competent authority of
dispatch by means of the consignment note in accordance with Article 3
(5), with copies to the other competent authorities concerned and to the
consignee. The consignment note shall be issued by the competent
authority of dispatch.
On receipt of the notification, the competent authority of dispatch shall
within three working days send the notifier a written acknowledgement
of the notification, with copies to the other competent authorities
concerned.
2. The competent authority of dispatch shall have 70 days following
dispatch of the acknowledgement to take its decision authorizing the
shipment, with or without conditions, or refusing it. It may also request
additional information.
It shall give its authorization only in the absence of objections on its part
or on the part of the other competent authorities and if it has received
from the notifier the copies referred to in paragraph 4. The authorization
shall, where applicable, be subject to any transport conditions referred to
in paragraph 5.
The competent authority of dispatch shall take its decision no earlier than
61 days following the dispatch of the acknowledgement.
It may, however, take its decision earlier if it has the written consent of
the other competent authorities.
It shall send a certified copy of the decision to the other competent
authorities concerned, to the customs office of departure from the
Community and to the consignee.
3. The competent authorities of dispatch and transit in the Community
may, within 60 days following the dispatch of the acknowledgement,
raise objections based on Article 4 (3). They may also request additional
information. Any objection must be provided in writing to the notifier,
with copies to the other competent authorities concerned.!B1993R0259 — EN — 19.05.1998 — 004.001 — 14
4. The notifier shall provide to the competent authority of dispatch a
copy of:
(a) the written consent of the EFTA country of destination to the planned
shipment;
(b) the confirmation from the EFTA country of destination of the
existence of a contract between the notifier and the consignee
specifying environmentally sound management of the waste in
question; a copy of the contract must be supplied, if requested.
The contract shall also specify that the consignee be required to
provide:
— within three working days following the receipt of the waste for
disposal, copies of the fully completed consignment note, except
for the certification referred to in the second indent, to the
notifier and to the competent authority concerned,
— as soon as possible and not later than 180 days following the
receipt of the waste, a certificate of disposal under his
responsability to the notifier and to the competent authority
concerned. The form of this certificate shall be part of the
consignment note which accompanies the shipment.
The contract shall, in addition, stipulate that if a consignee issues an
incorrect certificate with the consequence that the financial
guarantee is released he shall bear the costs arising from the duty
to return the waste to the area of jurisdiction of the competent
authority of dispatch and its disposal in an alternative and
environmentally sound manner;
(c) written consent to the planned shipment from the other State(s) of
transit, unless this (these) State(s) is (are) a Party (Parties) to the
Basle Convention and has (have) waived this in accordance with the
terms of that Convention.
5. The competent authorities of transit in the Community shall have 60
days following the dispatch of the acknowledgement in which to lay
down conditions in respect of the shipments of waste in their area of
jurisdiction.
These conditions, which shall be forwarded to the notifier, with copies to
the other competent authorities concerned, may not be more stringent
than those laid down in respect of similar shipments effected wholly
within the area of jurisdiction of the competent authority in question.
6. The competent authority of dispatch shall signify its authorization by
appropriately stamping the consignment note.
7. The shipment may be effected only after the notifier has received
authorization from the competent authority of dispatch.
8. Once the notifier has received authorization, he shall insert the date
of shipment and otherwise complete the consignment note and send
copies to the competent authorities concerned three working days before
the shipment is made. A copy or, if requested by the competent
authorities, a specimen of the consignment note, together with the stamp
of authorization, shall accompany each shipment.
All undertakings involved in the operation shall complete the con-
signment note at the points indicated, sign it and retain a copy thereof.
A specimen of the consignment note shall be delivered by the carrier to
the last customs office of departure when the waste leaves the
Community.
9. As soon as the waste has left the Community, the customs office of
departure shall send a copy of the consignment note to the competent
authority which issued the authorization.
10. If, 42 days after the waste has left the Community, the competent
authority which gave the authorization has received no information from
the consignee about his receipt of the waste, it shall inform without delay
the competent authority of destination.!B1993R0259 — EN — 19.05.1998 — 004.001 — 15
It shall take action in a similar way if, 180 days after the waste has left
the Community, the competent authority which gave the authorization
has not received from the consignee the certificate of disposal referred to
in paragraph 4.
11. A competent authority of dispatch may, in accordance with national
legislation, decide to transmit the notification itself instead of the
notifier, with copies to the consignee and the competent authority of
transit.
The competent authority of dispatch may decide to proceed with any
notification if it has itself immediate objections to raise against the
shipment in accordance with Article 4 (3). It shall immediately inform
the notifier of these objections.
12. The information given in paragraphs 1 to 4 shall be treated
confidentially in accordance with existing national regulations.
Chapter B
Waste for recovery
Article 16
1. All exports for recovery of waste listed in Annex V for recovery shall
be prohibited except those to:
(a) countries to which the OECD Decision applies;(b) other countries:
— which are Parties to the Basle Convention and/or with which the
Community, or the Community and its Member States, have
concluded bilateral or multilateral or regional agreements or
arrangements in accordance with Article 11 of the Basle
Convention and paragraph 2 of this Article. Any such exports
shall however be prohibited from 1 January 1998 onwards,
— with which individual Member States have concluded bilateral
agreements and arrangements prior to the date of application of
this Regulation, insofar as these are compatible with Community
legislation and in accordance with Article 11 of the Basle
Convention and paragraph 2 of this Article. These agreements
and arrangements shall be notified to the Commission within
three months of the date of application of this Regulation or of
the date that such agreements are brought into effect, whichever
is earlier, and shall expire when agreements or arrangements are
concluded in accordance with the first indent. Any such exports
shall however be prohibited as from 1 January 1998 onwards.
The Commission, in accordance with the procedure laid down in Article
18 of Directive 75/442/EEC, shall, as soon as possible, and at the latest
before 1 January 1998, review and amend Annex V to this Regulation
taking into full consideration those wastes featuring on the list of wastes
adopted in accordance with Article 1 (4) of Council Directive
91/689/EEC of 12 December 1991 on hazardous waste (
1) and any lists
of wastes characterized as hazardous for the purposes of the Basle
Convention.
Annex V shall be reviewed and further amended as appropriate under the
same procedure. In particular, the Commission shall review the Annex in
order to give effect to decisions of the Parties to the Basle Convention as
to what waste should be characterized as hazardous for the purposes of
the Convention and to amendments of the list of wastes adopted in
accordance with Article 1 (4) of Directive 91/689/EEC.!B
(1) OJ No L 377, 31. 12. 1991, p. 20. Directive as amended by Directive
94/31/EC (OJ No L 168, 2. 7. 1994, p. 28).!M31993R0259 — EN — 19.05.1998 — 004.001 — 16
2. The agreements and arrangements referred to in paragraph 1 (b)
shall guarantee an environmentally sound management of the waste in
accordance with Article 11 of the Basle Convention and shall, in
particular:
(a) guarantee that the recovery operation is carried out in an authorized
centre which complies with the requirements for environmentally
sound management;
(b) fix the conditions for the treatment of the non-recoverable
components of the waste and, if appropriate, oblige the notifier to
take them back;
(c) enable, if appropriate, the examination of the compliance of the
agreements on the spot in agreement with the countries concerned;
(d) be subject to periodic review by the Commission and for the first
time not later than 31 December 1996, taking into account the
experience gained and the ability of the countries concerned to carry
out recovery activities in a manner which provides full guarantees of
environmentally sound management. The Commission shall inform
the European Parliament and the Council about the results of this
review. If such a review leads to the conclusion that environmental
guarantees are insufficient, the continuation of waste exports under
such terms shall, on a proposal from the Commission, be
reconsidered, including the possibility of a ban.
3. However, without prejudice to Article 25 (2) and 26 (2), exports of
waste for recovery to the countries referred to in paragraph 1 shall be
prohibited:
(a) where such a country prohibits all imports of such wastes or where it
has not given its consent to their specific import;
(b) if the competent authority of dispatch has reason to believe that the
waste will not be managed in accordance with environmentally
sound methods in such a country.
4. The competent authority of dispatch shall require that any waste for
recovery authorized for export be managed in an environmentally sound
manner throughout the period of shipment and in the State of destination.
Article 17
1. In respect of waste listed in Annex II, the Commission shall notify
prior to the date of application of this Regulation to every country to
which the OECD Decision does not apply the list of waste included in
that Annex and request written confirmation that such waste is not
subject to control in the country of destination and that the latter will
accept categories of such waste to be shipped without recourse to the
control procedures which apply to Annex III or IV or that it indicate
where such waste should be subject to either those procedures or the
procedure laid down in Article 15.
If such confirmation is not received six months before the date of
application of this Regulation, the Commission shall make appropriate
proposals to the Council.
2. Where waste listed in Annex II is exported, it shall be destined for
recovery operations within a facility which under applicable domestic
law is operating or is authorized to operate in the importing country.
Furthermore, a surveillance system based on prior automatic export
licensing shall be established in cases to be determined in accordance
with the procedure laid down in Article 18 of Directive 75/442/EEC.
Such a system shall in each case provide that a copy of the export licence
be forwarded without delay to the authorities of the country in question.
3. Where such waste is subject to control in the country of destination
or upon request of such a country in accordance with paragraph 1 or
where a country of destination has notified under Article 3 of the Basle
Convention that it regards certain kinds of waste listed in Annex II is
hazardous, exports of such waste to that country shall be subjected to!B1993R0259 — EN — 19.05.1998 — 004.001 — 17
control. The Member State of export or the Commission shall notify all
such cases to the committee established pursuant to Article 18 of
Directive 75/442/EEC; the Commission shall determine in consultation
with the country of destination which of the control procedures shall
apply, that is those applicable to Annex III or IV or the procedure laid
down in Article 15.
4. Where waste listed in Annex III is exported from the Community for
recovery to countries and through countries to which the OECD Decision
applies, Articles 6, 7, 8 and 9 (1), (3), (4) and (5) shall apply, the
provisions concerning the competent authorities of dispatch and transit
applying only to the competent authorities in the Community.
5. In addition, the competent authorities of the exporting and
Community-transit countries shall be informed of the decision referred
to in Article 9.
6. Where the waste for recovery listed in Annex IV and waste for
recovery which has not yet been assigned to Annex II, III or IV is
exported for recovery to countries and through countries to which the
OECD Decision applies, Article 10 shall apply by analogy.
7. In addition, where waste is exported in accordance with paragraphs 4
to 6:
— a specimen of the consignment note shall be delivered by the carrier
to the last customs office of departure when the waste leaves the
Community,
— as soon as the waste has left the Community, the customs office of
departure shall send a copy of the consignment note to the competent
authority of export,
— if, 42 days after the waste has left the Community, the competent
authority of export has received no information from the consignee
about this receipt of the waste, it shall inform without delay the
competent authority of destination,
— the contract shall stipulate that, if a consignee issues an incorrect
certificate with the consequence that the financial guarantee is
released, he shall bear the costs arising from the duty to return the
waste to the area of jurisdiction of the competent authority of
dispatch and its disposal or recovery in an alternative and
environmentally sound manner.
8. Where waste for recovery listed in Annex III and IV and waste for
recovery which has not yet been assigned to Annex II, III or IV is
exported to and through countries to which the OECD Decision does not
apply:
— Article 15, except for paragraph 3, shall apply by analogy,
— reasoned objections may be raised in accordance with Article 7 (4)
only,
save as otherwise provided for in bilateral or multilateral agreements
entered into in accordance with Article 16 (1) (b) and on the basis of the
control procedure of either paragraph 4 or 6 of this Article or Article 15.
Chapter C
Export of waste to ACP States
Article 18
1. All exports of waste to ACP States shall be prohibited.
2. This prohibition does not prevent a Member State to which an ACP
State has chosen to export waste for processing from returning the
processed waste to the ACP State of origin.!B1993R0259 — EN — 19.05.1998 — 004.001 — 18
3. In case of re-export to ACP States, a specimen of the consignmet
note, together with the stamp of authorization, shall accompany each
shipment.
TITLE V
IMPORTS OF W ASTE INTO THE COMMUNITY
Chapter A
Imports of waste for disposal
Article 19
1. All imports into the Community of waste for disposal shall be
prohibited except those from:
(a) EFTA countries which are Parties to the Basle Convention;(b) other countries:
— which are Parties to the Basle Convention, or
— with which the Community, or the Community and its Member
States, have concluded bilateral or multilateral agreements or
arrangements compatible with Community legislation and in
accordance with Article 11 of the Basle Convention gaurante-
eing that the disposal operations carried out in an authorized
centre and complies with the requirements for environmentally
sound management, or
— with which individual Member States have concluded bilateral
agreements or arrangements prior to the date of application of
this Regulation, compatible with Community legislation and in
accordance with Article 11 of the Basle Convention, containing
the same guarantees as referred to above and guaranteeing that
the waste originated in the country of dispatch and that disposal
will be carried out exclusively in the Member State which has
concluded the agreement or arrangement. These agreements or
arrangements shall be notified to the Commission with in three
months of the date of application of the Regulation or of their
date of application, whichever is the earlier, and shall expire
when agreements or arrangements are concluded in accordance
with the second indent, or
— with which individual Member States conclude bilateral agree-
ments or arrangements after the date of application of this
Regulation in the circumstances of paragraph 2.
2. The Council hereby authorizes individual Member States to
conclude bilateral agreements and arrangements after the date of
application of this Regulation in exceptional cases for the disposal of
specific waste, where such waste will not be managed in an
environmentally sound manner in the country of dispatch. These
agreements and arrangements shall comply with the conditions set out
in paragraph 1 (b), third indent and shall be notified to the Commission
prior to their conclusion.
3. The countries referred to in paragraph 1 (b) shall be required to
present a duly motivated request beforehand to the competent authority
of the Member State of destination on the basis that they do no have and
cannot reasonable acquire the technical capacity and the necessary
facilities in order to dispose of the waste in an environmentally sound
manner.
4. The competent authority of destination shall prohibit the bringing of
waste into its area of jurisdiction if it has reason to believe that the waste
will not be managed in an environmentally sound manner in its area.!B1993R0259 — EN — 19.05.1998 — 004.001 — 19
Article 20
1. Notification shall be made to the competent authority of destinations
by means of the consignment note in accordance with Article 3 (5) with
copies to the consignee of the waste and to the competent authorities of
transit. The consignment note shall be issued by the competent authority
of destination.
On receipt of the notification, the competent authority of destination
shall, within three working days, send a written acknowledgement to the
notifier, with copies to the competent authorities of transit in the
Community.
2. The competent authority of destination shall authorize the shipment
only in the absence of objections on its part or from the other competent
authorities concerned. The authorization shall be subject to any transport
conditions referred to in paragraph 5.
3. The competent authorities of destination and transit in the
Community may, within 60 days of dispatch of the copy of the
acknowledgement, raise objections based on Article 4 (3).
They may also request additional information. These objections shall be
conveyed in writing to the notifier, with copies to the other competent
authorities concerned in the Community;
4. The competent authority of destination shall have 70 days following
dispatch of the acknowledgement to take its decision authorizing the
shipment, with or without conditions, or refusing it. It may also request
additional information.
It shall send certified copies of the decision to the competent authorities
of transit in the Community, the consignee and the customs office of
entry into the Community.
The competent authority of destination shall take its decision no earlier
than 61 days following the dispatch of the acknowledgement. It may,
however, take its decision earlier if it has the written consent of the other
competent auhtorities.
The competent authority of destination shall signify its authorization by
appropriately stamping the consignment note.
5. The competent authority of destination and transit in the Community
shall have 60 days following dispatch of the acknowledgement to lay
down conditions in respect of the shipment of the waste. These
conditions, which must be conveyed to the notifier, with copies to the
competent authorities concerned, may not be more stringent than those
laid down in respect of similar shipments occuring wholly within the
jurisdiction of the competent authority in question.
6. The shipment may be effected only after the notifier has received
authorization from the competent authority of destination.
7. Once the notifier has received authorization, he shall insert the date
of the shipment and otherwise complete the consignment note and send
copies to the competent authorities concerned three working days before
the shipment is made. A specimen of the consignment note shall be
delivered by the carrier to the customs office of entry into the
Community.
A copy or, if requested by the competent authorities, a specimen of the
consignment note, together with the stamp of authorization, shall
accompany each shipment.
All undertakings involved in the operation shall complete the con-
signment note at the points indicated, sign it and retain a copy.
8. Within three working days following receipt of the waste for
disposal, the consignee shall send copies of the completed consignment
note, except for the certificate referred to in paragraph 9, to the notifier
and the competent authorities concerned;!B1993R0259 — EN — 19.05.1998 — 004.001 — 20
9. As soon as possible and not later than 180 days following the receipt
of the waste, the consignee shall, under his responsibility, send a
certificate of disposal to the notifier and the other competent authorities
concerned. This certificate shall be part of or attached to the
consignment note which accompanies the shipment.
Chapter B
Imports of waste for recovery
Article 21
1. All imports of waste for recovery into the Community shall be
prohibited, except those from:
(a) countries to which the OECD decision applies;(b) other countries:
— which are Parties to the Basle Convention and/or with which the
Community, or the Community and its Member States, have
concluded bilateral or multilateral or regional agreements or
arrangements compatible with Community legislation and in
accordance with Article 11 of the Basle Convention, guaran-
teeing that the recovery operation is carried out in an authorized
centre and complies with the requirements for environmentally
sound management, or
— with which individual Member States have concluded bilateral
agreements or arrangements prior to the date of application of
this Regulation, where these are compatible with Community
legislation and in accordance with Article 11 of the Basle
Convention, containing the same guarantees as referred to above.
These agreements or arrangements shall be notified to the
Commission within three months of the date of application of
this Regulation or of their date of application, whichever is the
earlier, and shall expire when agreements or arrangements are
concluded in accordance with the first indent, or
— with which individual Member States conclude bilateral agree-
ments or arrangements after the date of application of this
Regulation in the circumstances of paragraph 2.
2. The Council hereby authorizes individual Member States to
conclude after the date of applications of this Regulation bilateral
agreements and arrangements in exceptional cases for the recovery of
specific waste, where a Member State deems such agreements or
arrangements necessary to avoid any interruption of waste treatment
before the Community has concluded those agreements and arrange-
ments. Such agreements and arrangements shall also be compatible with
Community legislation and in accordance with Article 11 of the Basle
Convention; they shall be notified to the Commission prior to their
conclusion and shall expire when agreements or arrangements are
concluded in accordance with paragraph 1 (b), first indent.
Article 22
1. Where waste is imported for recovery from countries and through
countries to which the OECD Decision applies, the following control
procedures shall apply by analogy:
(a) for waste listed in Annex III: Articles 6, 7, 8, 9 (1), (3), (4) and (5),
and 17 (5);
(b) for waste listed in Annex IV and waste which has not yet been
assigned to Annex II, III or IV: Article 10.!B1993R0259 — EN — 19.05.1998 — 004.001 — 21
2. Where waste for recovery listed in Annexes III and IV and waste
which has not yet been assigned to Annex II, III or IV is imported from
and through countries to the OECD Decision does not apply:
— Article 20 shall apply by analogy,— reasoned objections may be raised in accordance with Article 7 (4)
only,
save as otherwise provided for the bilateral or multilateral agreements
entered into in accordance with Article 21 (1) (b) and on the basis of the
control procedures of either paragraph 1 of this Article or Article 20.
TITLE VI
TRANSIT OF W ASTE FROM OUTSIDE AND THROUGH THE
COMMUNITY FOR DISPOSAL OR RECOVERY OUTSIDE THE
COMMUNITY
Chapter A
Waste for disposal and recovery (except transit covered by Article
24)
Article 23
1. Where waste for disposal and, except in cases covered by Article 24,
recovery is shipped through (a) Member State(s), notification shall be
effected by means of the consignment note to the last competent
authority of transit within the Community, with copies to the consignee,
the other competent authorities concerned and the customs offices of
entry into and departure from the Community.
2. The last competent authority of transit within the Community shall
promptly inform the notifier of receipt of the notification. The other
competent authorities in the Community shall, on the basis of paragraph
5, convey their reactions to the last competent authority of transit in the
Community, which shall then respond in writing to the notifier within 60
days, consenting to the shipment with or without reservations; or
imposing, if appropriate, conditions laid down by the other competent
authorites of transit, or withholding information. Any refusal or
reservations must be justified. The competent authority shall send a
certified copy of the decision to both the other competent authorities
concerned and the customs offices of entry into and departure form the
Community.
3. Without prejudice to Articles 25 (2) and 26 (2), the shipment shall be
admitted into the Community only if the notifier has received the written
consent of the last competent authority of transit. This authority shall
signify its consent by appropriately stamping the consignment note.
4. The competent authorities of transit within the Community shall
have 20 days following notification to lay down, if appropriate, any
conditions attached to the transport of the waste.
These conditions, which must be conveyed to the notifier, with copies to
the competent authorities concerned, may not be more stringent than
those laid down in respect of similar shipments occurring wholly within
the jurisdiction of the competent authority in question.
5. The consignment note shall be issued by the last competent authority
of transit within the Community.
6. Once the notifier has received authorization, he shall complete the
consignment note and send copies to the competent authorities
concerned three working days before the shipment is made.
A specimen of the consignment note, together with the stamp of
authorization, shall accompany each shipment.!B1993R0259 — EN — 19.05.1998 — 004.001 — 22
A specimen of the consignment note shall be supplied by the carrier to
the customs office of departure when the waste leaves the Community.
All undertakings involved in the operation shall complete the con-
signment note at the points indicated, sign it and retain a copy thereof.
7. As soon as the waste has left the Community, the customs office of
departure shall send a copy of the consignment note to the last competent
authority of transit within the Community.
Furthermore, at the latest 42 days after the waste has left the Community,
the notifier shall declare or certify to that competent authority, with
copies to the other competent authorities of transit, that it has arrived at
its intended destination.
Chapter B
Transit of waste for recovery from and to a country to which the
OECD Decision applies
Article 24
1. Transit of waste for recovery listed in Annexes III and IV from a
country and transferred for recovery to a country to which the OECD
Decision applies through (a) Member State(s) requires notification to all
competent authorities of transit of the Member State(s) concerned.
2. Notification shall be effected by means of the consignment note.3. On receipt of the notification the competent authority(ies) of transit
shall send an acknowledgement to the notifier and to the consignee
within three working days.
4. This competent authority(ies) of transit may raise reasoned
objections to the planned shipment based on Article 7 (4). Any objection
must be provided in writing to the notifier and to the competent
authorities of transit of the other Member States concerned within 30
days of dispatch of the acknowledgement.
5. The competent authority of transit may decide to provide written
consent in less than 30 days.
In the case of transit of waste listed in Annex IV and waste which has not
yet been assigned to Annex II, III or IV , consent must be given in writing
prior to commencement of the shipment.
6. The shipment may be effected only in the absence of any objection.
TITLE VII
COMMON PROVISIONS
Article 25
1. Where a shipment of waste to which the competent authorities
concerned have consented cannot be completed in accordance with the
terms of the consignment note or the contract referred to in Articles 3
and 6, the competent authority of dispatch shall, within 90 days after it
has been informed thereof, ensure that the notifier returns the waste to its
area of jurisdiction or elsewhere within the State of dispatch unless it is
satisfied that the waste can be disposed of or recovered in an alternative
and environmentally sound manner.
2. In cases referred to in paragraph 1, a further notification shall be
made. No Member State of dispatch or Member State of transit shall
oppose the return of this waste at the duly motivated request of the
competent authority of destination and with an explanation of the reason.!B1993R0259 — EN — 19.05.1998 — 004.001 — 23
3. The obligation of the notifier and the subsidiary obligation of the
State of dispatch to take the waste back shall end when the consignee has
issued the certificate referred to in Articles 5 and 8.
Article 26
1. Any shipment of waste effected:
(a) without notification to all competent authorities concerned pursuant
to the provisions of this Regulation; or
(b) without the consent of the competent authorities concerned pursuant
to the provisions of this Regulation; or
(c) with consent obtained from the competent authorities concerned
through falsification, misrepresentation or fraud; or
(d) which is not specified in a material way in the consignment note; or(e) which results in disposal or recovery in contravention of Community
or international rules; or
(f) contrary to Articles 14, 16, 19 and 21
shall be deemed to be illegal traffic.
2. If such illegal traffic is the responsability of the notifier of the waste,
the competent authority of dispatch shall ensure that the waste in
question is:
(a) taken back by the notifier or, if necessary, by the competent authority
itself, into the State of dispatch, or if impracticable;
(b) otherwise disposed of or recovered in an environmentally sound
manner,
within 30 days from the time when the competent authority was informed
of the illegal traffic or within such other period of time as may be agreed
by the competent authorities concerned.
In this case a further notification shall be made. No Member State of
dispatch or Member State of transit shall oppose the return of this waste
at the duly motivated request of the competent authority of destination
and with an explanation of the reason.
3. If such illegal traffic is the responsability of the consignee, the
competent authority of destination shall ensure that the waste in question
is disposed of in an environmentally sound manner by the consignee or,
if impracticable, by the competent authority itself within 30 days from
the time it was informed of the illegal traffic or within any such other
period of time as may be agreed by the competent authorities concerned.
To this end, they shall cooperate, as necessary, in the disposal or recovery
of the waste in an environmentally sound manner.
4. Where responsibility for the illegal traffic cannot be imputed to
either the notifier or the consignee, the competent authorities shall
cooperate to ensure that the waste in question is disposed of or recovered
in an environmentally sound manner. Guidelines for this cooperation
shall be established in accordance with the procedure laid down in
Article 18 of Directive 75/442/EEC.
5. Member States shall take appropriate legal action to prohibit and
punish illegal traffic.
Article 27
1. All shipments of waste covered within the scope of this Regulation
shall be subject to the provision of a financial guarantee or equivalent
insurance covering costs for shipment, including cases referred to in
Articles 25 and 26, and for disposal or recovery.!B1993R0259 — EN — 19.05.1998 — 004.001 — 24
2. Such guarantees shall be returned when proof has been furnished, by
means of:
— the certificate of disposal or recovery, that the waste has reached its
destination and has been disposed of or recovered in an
environmentally sound manner,
— Control copy T 5 drawn up pursuant to Commission Regulation
(EEC) No 2823/87 (1) that, in the case of transit through the
Community, the waste has left the Community.
3. Each Member State shall inform the Commission of the provision
which it makes in national law pursuant to this Article. The Commission
shall forward this information to all Member States.
Article 28
1. While respecting the obligations imposed on him by the applicable
Articles 3, 6, 9, 15, 17, 20, 22, 23 and 24, the notifier may use a general
notification procedure where waste for disposal or recovery having the
same physical and chemical characteristics is shipped periodically to the
same consignee following the same route. If, in the case of unforeseen
circumstances, this route cannot be followed, the notifier shall inform the
competent authorities concerned as soon as possible or before the
shipment starts if the need for route modification is already known at this
time.
Where the route modification is known before the shipment starts and
this involves other competent authorities than those concerned in the
general notification, this procedure shall not be used.
2. Under a general notification procedure, a single notification may
cover several shipments of waste over a maximum period of one year.
The indicated period may be shortened by agreement between the
competent authorities concerned.
3. The competent authorities concerned shall make their agreement to
the use of this general notification procedure subject to the subsequent
supply of additional information. If the composition of the waste is not as
notified or if the conditions imposed on its shipment are not respected,
the competent authorities concerned shall withdraw their consent to this
procedure by means of official notice to the notifier. Copies of this notice
shall be sent to the other competent authorities concerned.
4. General notification shall be made by means of the consignment
note.
Article 29
Wastes which are the subject of different notifications shall not be mixed
during shipment.
Article 30
1. Member States shall take the measures needed to ensure that waste is
shipped in accordance with the provisions of this Regulation. Such
measures may include inspections of establishments and undertakings, in
accordance with Article 13 of Directive 75/442/EEC, and spot checks of
shipments.
2. Checks may take place in particular:— at the point of origin, carried out with the producer, holder or
notifier,
— at the destination, carried out with the final consignee,
— at the external frontiers of the Community,— during the shipment within the Community.!B
(1) OJ No L 270, 23. 9. 1987, p. 1.1993R0259 — EN — 19.05.1998 — 004.001 — 25
3. Checks may include the inspection of documents, the confirmation
of identity and, if appropriate, the physical control of the waste.
Article 31
1. The consignment note shall be printed and completed and any
further documentation and information referred to in Article 4 and 6
shall be supplied in a language which is acceptable to the competent
authority of:
— dispatch, as referred to in Articles 3, 7, 15 and 17, in the case of both
a shipment of waste within the Community and the export of waste,
— destination, as referred to in Articles 20 and 22, in the case of the
import of waste,
— transit, as referred to in Articles 23 and 24.
A translation shall be supplied by the notifier at the request of the other
competent authorities concerned in a language acceptable to them.
2. Further details may be determined in accordance with the procedure
laid down in Article 18 of Directive 75/442/EEC.
TITLE VIII
OTHER PROVISIONS
Article 32
The provisions of the international transport conventions listed in Annex
I to which the Member States are parties shall be complied with in so far
as they cover the waste to which this Regulation refers.
Article 33
1. Appropriate administrative costs of implementing the notification
and supervision procedure and usual costs of appropriate analyses and
inspections may be charged to the notifier.
2. Costs arising from the return of waste, including shipment, disposal
or recovery of the waste in an alternative and environmentally sound
manner pursuant to Articles 25 (1) and 26 (2), shall be charged to the
notifier or, if impracticable, to the Member States concerned.
3. Costs arising from disposal or recovery in an alternative and
environmentally sound manner pursuant to Article 26 (3) shall be
charged to the consignee.
4. Costs arising from disposal or recovery, including possible shipment
pursuant to Article 26 (4), shall be charged to the notifier and/or the
consignee depending upon the decision by the competent authorities
involved.
Article 34
1. Without prejudice to the provisions of Article 26 and to Community
and national provisions concerning civil liability and irrespective of the
point of disposal or recovery of the waste, the producer of that waste
shall take all the necessary steps to dispose of or recover or to arrange for
disposal or recovery of the waste so as to protect the quality of the
environment in accordance with Directives 75/442/EEC and
91/689/EEC.
2. Member States shall take all necessary steps to ensure that the
obligations laid down in paragraph 1 are carried out.!B1993R0259 — EN — 19.05.1998 — 004.001 — 26
Article 35
All documents sent to or by the competent authorities shall be kept in the
Community for at least three years by the competent authorities, the
notifier and the consignee.
Article 36
Member States shall designate the competent authority or authorities for
the implementation of this Regulation. A single competent authority of
transit shall be designated by each Member State.
Article 37
1. Member States and the Commission shall each designate at least one
correspondent responsible for informing or advising persons or under-
takings who or which make enquiries. The Commission correspondent
shall forward to the correspondents of the Member States any questions
put to him which concern the latter, and vice versa .
2. The Commission shall, if requested by Member States or if
otherwise appropriate, periodically hold a meeting of the correspondents
to examine with them the questions raised by the implementation of this
Regulation.
Article 38
1. Member States shall notify the Commission not later than three
months before the date of application of this Regulation of the name(s),
address(es) and telephone and telex/telefax number(s) of the competent
authorities and of the correspondents, together with the stamp of the
competent authorities.
Member States shall notify the Commission annually of any changes in
this information.
2. The Commission shall send the information without delay to the
other Member States and to the Secretariat of the Basle Convention.
The Commission shall furthermore send to Member States the waste
management plans referred to in Article 7 of Directive 75/442/EEC.
Article 39
1. Member States may designate customs offices of entry into and
departure from the Community for shipments of waste entering and
leaving the Community and inform the Commission thereof.
The Commission shall publish the list of these offices in the Official
Journal of the European Communities and, if appropriate, update this list.
2. If Member States decide to designate the custom offices referred to
in paragraph 1, no shipment of waste shall be allowed to use any other
frontier crossing points within a Member State for entering or leaving the
Community.
Article 40
Member States, as appropriate and necessary in liaison with the
Commission, shall cooperate with other parties to the Basle Convention
and inter-State organizations directy or through the Secretariat of the
Basle Convention, inter alia, via the exchange of information, the
promotion of environmentally sound technologies and the development
of appropriate codes of good practice.!B1993R0259 — EN — 19.05.1998 — 004.001 — 27
Article 41
1. Before the end of each calendar year, Member States shall draw up a
report in accordance with Article 13 (3) of the Basle Convention and
send it to the Secretariat of the Basle Convention and a copy thereof to
the Commission.
2. The Commission shall, based on these reports, establish every three
years report on the implementation of this Regulation by the Community
and its Member States. It may request to this end additional information
in accordance with Article 6 of Directive 91/692/EEC (1).
Article 42
1. The Commission shall draw up not later than three months before the
date of application of this Regulation and adapt if appropriate afterwards,
in accordance with the procedure laid down in Article 18 of Directive
75/442/EEC, the standard consignment note, including the form of the
certificate of disposal and recovery (either integral to the consignment
note or, meanwhile, attached to the existing consignment note under
Directive 84/631/EEC) taking account in particular of:
— the relevant Articles of this Regulation,— the relevant international Conventions and agreements.2. The existing form of the consignment note shall apply by analogy
until the new consignment note has been drawn up. The form of the
certificate of disposal and recovery to be attached to the existing
consignment note shall be drawn up as soon as possible.
3. Without prejudice to the procedure laid down in Article 1 (3) (c) and
(d) regarding Annex II.A, Annexes II, III and IV shall be adapted by the
Commission in accordance with the procedure laid down in Article 18 of
Directive 75/442/EEC only to reflect changes already agreed under the
review mechanism of the OECD.
4. The procedure referred to in paragraph 1 shall apply also to define
environmentally sound management, taking into account the relevant
international conventions and agreements.
Article 43
Directive 84/631/EEC is hereby repealed with effect from the date of
application of this Regulation. Any shipment pursuant to Articles 4 and 5
of that Directive shall be completed not later than six months from the
date of application of this Regulation.
Article 4 4
This Regulation shall enter into force on the third day following its
publication in the Official Journal of the European Communities .
It shall apply 15 months after publication.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.!B
(1) OJ No L 377, 31. 12. 1991, p. 48.1993R0259 — EN — 19.05.1998 — 004.001 — 28
ANNEX I
LIST OF INTERNATIONAL TRANSPORT CONVENTIONS REFERRED
TO IN ARTICLE 32 (1)
1. ADR:
European Agreement concerning the international carriage of dangerous
goods by road (1957).
2. Cotif:
Convention concerning the international carriage of dangerous goods by
rail (1985).
RID:
Regulation on the international carriage by rail of dangerous goods (1985).
3. Solas Convention:
International Convention for the safety of life at sea (1974).
4. IMDG Code (2):
International maritime dangerous goods code.
5. Chicago Convention:
Convention on international civil aviation (1944), Annex 18 to which deals
with the carriage of dangerous goods by air (TI: Technical instructions forthe safe transport of dangerous goods by air).
6. Marpol Convention:
International Convention for the prevention of pollution from ships (1973
to 1978).
7. ADNR:
Regulations of the carriage of dangerous substances on the Rhine (1970).!
B
(1) This list contains those Conventions in force at the time of adoption of this Regulation.
(2) Since 1 January 1985, the IMDG code has been incorporated in the Solas Convention1993R0259 — EN — 19.05.1998 — 004.001 — 29
ANNEX II
GREEN LIST OF W ASTES ( *)
Regardless of whether or not wastes are included on this list, they may not be
moved as green wastes if they are contaminated by other materials to an extentwhich (a) increases the risks associated with the waste sufficiently to render it
appropriate for inclusion in the amber or red lists, or (b) prevents the recovery of
the waste in an environmentally sound manner.
GA. METAL AND METAL-ALLOY WASTES IN METALLIC,
NON-DISPERSIBLE FORM (**)
The following waste and scrap of precious metals and their alloys:
GA010 ex 7112 10 — Of gold
GA020 ex 7112 20 — Of platinum (the expression ‘platinum’ includes
platinum, iridium osmium, palladium, rhodiumand ruthenium)
GA030 ex 7112 90 — Of other precious metal, e.g. silver
The following ferrous waste and scrap of iron or steel:
GA040 7204 10 Waste and scrap of cast iron
GA050 7204 21 Waste and scrap of stainless steel
GA060 7204 29 Waste and scrap of other alloy steels
GA070 7204 30 Waste and scrap of tinned iron or steel
GA080 7204 41 Turnings, shavings, chips, milling waste, filings,
trimmings and stampings, whether or not in bundles
GA090 7204 49 Other ferrous waste and scrap
GA100 7204 50 Re-melting scrap ingots
GA110 ex 7302 10 Used iron and steel rails
The following waste and scrap of non-ferrous metals and their alloys:
GA120 7404 00 Copper waste and scrap
GA130 7503 00 Nickel waste and scrap
GA140 7602 00 Aluminium waste and scrap
GA150 7802 00 Lead waste and scrap!
M4
(*) Wherever possible, the code number of the Harmonised Commodity Description and
Coding System, established by the Brussels Convention of 14 June 1983 under the
auspices of the Customs Cooperation Council (Harmonised System) is listed opposite an
entry. This code may apply to both wastes and products. This Regulation does notinclude items which are not wastes. Therefore, the code — used by customs officials inorder to facilitate their procedures as well as by others — is only provided here to help in
identifying wastes that are listed and subject to this Regulation. However, corresponding
official Explanatory Notes as issued by the Customs Cooperation Council should beused as interpretative guidance to identify wastes covered by generic headings.The indicative ‘ex’ identifies a specific item contained within a heading of the
Harmonsied System code.
The code in bold in the first column is the OECD code: it consists of two letters (one forthe list: Green, Amber or Red and one for the category of waste: A, B, C, . . .) followedby a number.
(
**) ‘Non-dispersible’ does not include any wastes in the form of powder, sludge, dust or
solid items containing encased hazardous waste liquids.1993R0259 — EN — 19.05.1998 — 004.001 — 30
GA160 7902 00 Zinc waste and scrap
GA170 8002 00 Tin waste and scrap
GA180 ex 8101 91 Tungsten waste and scrap
GA190 ex 8102 91 Molybdenum waste and scrap
GA200 ex 8103 10 Tantalum waste and scrap
GA210 8104 20 Magnesium waste and scrap (excluding those listed in
AA 190)
GA220 ex 8105 10 Cobalt waste and scrap
GA230 ex 8106 00 Bismuth waste and scrap
GA240 ex 8107 10 Cadmium waste and scrap
GA250 ex 8108 10 Titanium waste and scrap
GA260 ex 8109 10 Zirconium waste and scrap
GA270 ex 8110 00 Antimony waste and scrap
GA280 ex 8111 00 Manganese waste and scrap
GA290 ex 8112 11 Beryllium waste and scrap
GA300 ex 8112 20 Chromium waste and scrap
GA310 ex 8112 30 Germanium waste and scrap
GA320 ex 8112 40 Vanadium waste and scrap
ex 8112 91 Wastes and scrap of:
GA330 — Hafnium
GA340 — Indium
GA350 — Niobium
GA360 — Rhenium
GA370 — Gallium
GA400 ex 2804 90 Selenium waste and scrap
GA410 ex 2804 50 Tellurium waste and scrap
GA420 ex 2805 30 Rare earth waste and scrap
GB. METAL BEARING WASTES ARISING FROM MELTING, SMELTING
AND REFINING OF METALS
GB010 2620 11 Hard zinc spelter
GB020 Zinc containing drosses:
GB021 — Galvanising slab zinc top dross ( 490 % Zn)
GB022 — Galvanising slab zinc bottom dross ( 492 % Zn)
GB023 — Zinc die cast dross ( 485 % Zn)
GB024 — Hot dip galvanisers slab zinc dross (batch)
(492 % Zn)
GB025 — Zinc skimmings
GB030 Aluminium skimmings!M41993R0259 — EN — 19.05.1998 — 004.001 — 31
GB040 ex 2620 90 Slags from precious metals and copper processing for
further refining
GB050 ex 2620 90 Tantalum bearing tin slags with less than 0,5 % tin
GC. OTHER WASTES CONTAINING METALS
GC010 Electrical assemblies consisting only of metals or
alloys
GC020 Electronic scrap (e.g. printed circuit boards, electronic
components, wire, etc.) and reclaimed electronic
components suitable for base and precious metal
recovery
GC030 ex 8908 00 Vessels and other floating structures for breaking up,
properly emptied of any cargo and other materials
arising from the operation of the vessel which mayhave been classified as a dangerous substance orwaste
GC040 Motor vehicle wrecks, drained of liquids
GC050 Spent fluid catalytic cracking (FCC) catalysts (e.g.
aluminium oxide, zeolites)
GC060 Spent metal bearing catalysts containing any of:
— Precious metals: gold, silver— Platinum-group metals: ruthenium, rhodium,
palladium, osmium, iridium, platinum
— Transition metals: scandium, vanadium, man-
ganese, cobalt, copper, yttrium, niobium, haf-nium, tungsten, titanium, chromium, iron, nickel,zinc, zirconium, molybdenum, tantalum, rhenium
— Lanthanides (rare earth metals): lanthanum,
praseodymium, samarium, gadolinium, dyspro-
sium, erbium, ytterbium, cerium, neodymium,
europium, terbium, holmium, thulium, lutetium
GC070 ex 2619 00 Slags arising from the manufacture of iron and carbon
steel (including low alloy steel) excluding those slags
which have been specifically produced to meet bothnational and relevant international requirements andstandards (*)
GC080 Mill scale (ferrous metal)
GD. WASTES FROM MINING OPERATIONS: THESE WASTES TO BE IN
NON-DISPERSIBLE FORM
GD010 ex 2504 90 Natural graphite waste
GD020 ex 2514 00 Slate waste, whether or not roughly trimmed or
merely cut, by sawing or otherwise
GD030 2525 30 Mica waste
GD040 ex 2529 30 Leucite, nepheline and nepheline syenite waste
GD050 ex 2529 10 Feldspar waste
GD060 ex 2529 21 Fluospar waste
ex 2529 22
GD070 ex 2811 22 Silica wastes in solid form excluding those used in
foundry operations!
M4
(*) This entry covers the use of such slags as a source of titanium dioxide and vanadium.1993R0259 — EN — 19.05.1998 — 004.001 — 32
GE. GLASS WASTE IN NON-DISPERSIBLE FORM
GE010 ex 7001 00 Cullet and other waste and scrap of glass except for
glass from cathode-ray tubes and other activated
glasses
GE020 Fibre glass wastes
GF. CERAMIC WASTES IN NON-DISPERSIBLE FORM
GF010 Ceramic wastes which have been fired after shaping,
including ceramic vessels (before and/or after use)
GF020 ex 8113 00 Cermet waste and scrap (metal ceramic composites)
GF030 Ceramic based fibres not elsewhere specified or
included
GG. OTHER WASTES CONTAINING PRINCIP ALL Y INORGANIC
CONSTITUENTS, WHICH MA Y CONTAIN METALS AND ORGANIC
MATERIALS
GG 010 Partially refined calcium sulphate produced from flue
gas desulphurisation (FGD)
GG 020 Waste gypsum wallboard or plasterboard arising from
the demolition of buildings
GG 030 ex 2621 Bottom ash and slag tap from coal-fired power plants
GG 040 ex 2621 Coal-fired power plants fly ash
GG 050 Anode butts of petroleum coke and/or bitumen
GG 060 ex 2803 Spent activated carbon, resulting from the treatment
of potable water and processes of the food industry
and vitamin production
GG 080 ex 2621 00 Slag from copper production, chemical stabilised,
having a high iron content (above 20 %) and
processed according to industrial specifications (e.g.
DIN 4301 and DIN 8201) mainly for construction andabrasive applications
GG 090 Sulphur in solid form
GG 100 Limestone from production of calcium cyanamide
(having a pH less than 9)
GG 110 ex 2621 00 Neutralised red mud from alumina production
GG 120 Sodium, potassium, calcium chlorides
GG 130 Carborundum (silicon carbide)
GG 140 Broken concrete
GG 150 ex 2620 90 Lithium-tantalum and lithium-niobium containing
glass scraps
GH. SOLID PLASTIC WASTES
Including, but not limited to:
GH 010 3915 Waste, parings and scrap of plastics of:
GH 011 ex 3915 10 — Polymers of ethylene
GH 012 ex 3915 20 — Polymers of styrene
GH 013 ex 3915 30 — Polymers of vinyl chloride!
M41993R0259 — EN — 19.05.1998 — 004.001 — 33
GH 014 ex 3915 90 — Polymerized or co-polymers: for example:
— Polypropylene
— Polyethylene terephthalate— Acrylonitrile copolymer— Butadiene copolymer
— Styrene copolymer
— Plyamides— Polybutylene terephthalates— Polycarbonates
— Polyphenylene sulphides
— Acrylic polymers— Paraffins (C10-C13) (*)— Polyurethane (not containing chlorofluorocar-
bons)
— Polysiloxalanes (silicones)
— Polymethyl methacrylate
— Polyvinyl alcohol— Polyvinyl butyral— Polyvinyl acetate
— Polymers of fluorinated ethylene (Teflon, PTFE)
GH 015 ex 3915 90 — Resins or condensation products, for example:
— Urea formaldehyde resins
— Phenol formaldehyde resins
— Melamine formaldehyde resins— Epoxy resins— Alkyd resins
— Polyamides
GI. PAPER, PAPERBOARD AND PAPER PRODUCT WASTES
GI010 4707 Waste and scrap of paper or paperboard:
GI011 4707 10 — Of unbleached kraft paper or paperboard or of
corrugated paper or paperboard
GI012 4707 20 — Of other paper or paperboard, made mainly of
bleached chemical pulp, not coloured in the mass
GI013 4707 30 — Of paper or paperboard made mainly of mech-
anical pulp (for example, newspapers, journals
and similar printed matter)
GI014 4707 90 — Other, including but not limited to:
1. Laminated paperboard2. Unsorted waste and scrap
GJ. TEXTILE WASTES
GJ010 5003 Silk waste (including cocoons unsuitable for reeling,
yarn waste and garnetted stock)
GJ011 5003 10 — Not carded or combed
GJ012 5003 90 — Other
GJ020 5103 Waste of wool or of fine or coarse animal hair,
including yarn waste but excluding garnetted stock
GJ021 5103 10 — Noils of wool or of fine animal hair
GJ022 5103 20 — Other waste of wool or of fine animal hair
GJ023 5103 30 — Waste of coarse animal hair!
M4
(*) This entry covers the use of such slags as a source of titanium dioxide and vanadium.1993R0259 — EN — 19.05.1998 — 004.001 — 34
GJ030 5202 Cotton waste (including yarn waste and garnetted
stock)
GJ031 5202 10 — Y arn waste (including thread waste)
GJ032 5202 91 — Garnetted stock
GJ033 5202 99 — Other
GJ040 5301 30 Flax tow and waste
GJ050 ex 5302 90 Tow and waste (including yarn waste and garnetted
stock) of true hemp (Cannabis sativa L.)
GJ060 ex 5303 90 Tow and waste (including yarn waste and garnetted
stock) of jute and other textile bast fibres (excluding
flax, true hemp and ramie)
GJ070 ex 5304 90 Tow and waste (including yarn waste and garnetted
stock) of sisal and other textile fibres of the genus
Agave
GJ080 ex 5305 19 Tow, noils and waste (including yarn waste and
garnetted stock) of coconut
GJ090 ex 5305 29 Tow, noils and waste (including yarn waste and
garnetted stock) of abaca (Manila hemp or Musa
textilis Nee)
GJ100 ex 5305 99 Tow, noils and waste (including yarn waste and
garnetted stock) of ramie and other vegetable textilefibres, not elsewhere specified or included
GJ110 5505 Waste (including noils, yarn waste and garnetted
stock) of man-made fibres
GJ111 5505 10 — Of synthetic fibres
GJ112 5505 20 — Of artificial fibres
GJ120 6309 00 Worn clothing and other worn textile articles
GJ130 ex 6310 Used rags, scrap twine, cordage, rope and cables and
worn out articles of twine, cordage, rope or cables of
textile materials
GJ131 ex 6310 10 — Sorted
GJ132 ex 6310 90 — Other
GK. RUBBER WASTES
GK 010 4004 00 Waste, parings and scrap of rubber (other than hard
rubber) and granules obtained therefrom
GK 020 4012 20 Used pneumatic tyres
GK 030 ex 4017 00 Waste and scrap of hard rubber (for example, ebonite)
GL. UNTREATED CORK AND WOOD WASTES
GL010 ex 4401 30 Wood waste and scrap, whether or not agglomerated
in logs, briquettes, pellets or similar forms
GL020 4501 90 Cork waste; crushed, granulated or ground cork
GM. WASTES ARISING FROM AGRO-FOOD INDUSTRIES
GM 070 ex 2307 Wine lees
GM 080 ex 2308 Dried and sterilised vegetable waste, residues and
by-products, whether or not in the form of pellets, of a
kind used in animal feeding, not elsewhere specified
or included!
M41993R0259 — EN — 19.05.1998 — 004.001 — 35
GM 090 1522 Degras; residues resulting from the treatment of fatty
substances or animal or vegetable waxes
GM 100 0506 90 Waste of bones and horn-cones, unworked, defatted,
simply prepared (but not cut to shape), treated with
acid or degelatinised
GM 110 ex 0511 91 Fish waste
GM 120 1802 00 Cocoa shells, husks, and other cocoa waste
GM 130 Waste from the agro-food industry excluding by-
products which meet national and international
requirements and standards for human or animalconsumption
GN. WASTES ARISING FROM TANNING AND FELLMONGER Y
OPERATIONS AND LEATHER USE
GN010 ex 0502 00 Waste of pigs’, hogs’ or boars’ bristles and hair or of
badger hair and other brushmaking hair
GN020 ex 0503 00 Horsehair waste, whether or not put up as a layer with
or without supporting material
GN030 ex 0505 90 Waste of skins and other parts of birds, with their
feathers or down, of feathers and parts of feathers(whether or not with trimmed edges) and down, not
further worked than cleaned, disinfected or treated for
preservation
GN040 ex 4110 00 Parings and other waste of leather or of composition
leather, not suitable for the manufacture of leather
articles, excluding leather sludges
GO. OTHER WASTES CONTAINING PRINCIP ALL Y ORGANIC
CONSTITUENTS, WHICH MA Y CONTAIN METALS AND
INORGANIC MATERIALS
GO 010 ex 0501 00 Waste of human hair
GO 020 Waste straw
GO 030 Deactivated fungus mycelium from penicillin produc-
tion to be used as animal feed
GO 040 Waste photographic film base and waste photographic
film not containing silver
GO 050 Single-use cameras without batteries!
M41993R0259 — EN — 19.05.1998 — 004.001 — 36
ANNEX III
AMBER LIST OF W ASTES ( *)
Regardless of whether or not wastes are included on this list, they may not be
moved as amber wastes if they are contaminated by other materials to an extentwhich (a) increases the risks associated with the waste sufficiently to render it
appropriate for inclusion in the red list, or (b) prevents the recovery of the waste in
an environmentally sound manner.
AA. METAL BEARING WASTES
AA010 ex 2619 00 Dross, scalings and other wastes from the manu-
facture of iron and steel (
**)
AA020 ex 2620 19 Zinc ashes and residues (**)
AA030 2620 20 Lead ashes and residues (**)
AA040 ex 2620 30 Copper ashes and residues (**)
AA050 ex 2620 40 Aluminium ashes and residues (**)
AA060 ex 2620 50 Vanadium ashes and residues (**)
AA 070 2620 90 Ashes and residues (**) containing metals or metal
compounds not elsewhere specified or included
AA080 ex 8112 91 Thallium waste scrap and residues (**)
AA090 ex 2804 80 Arsenic waste and residues (**)
AA100 ex 2805 40 Mercury waste and residues (**)
AA110 Residues from alumina production not elsewhere
specified or included
AA120 Galvanic sludges
AA130 Liquors from the pickling of metals
AA140 Leaching residues from zinc processing, dusts and
sludges such as jarosite, hematite, goethite, etc.
AA150 Precious metal bearing residues in solid form which
contain traces of inorganic cyanides
AA160 Precious metal ash, sludge, dust and other residues
such as:
AA161 — Ash from incineration of printed circuit boards
AA162 — Photographic film ash!M4
(*) Wherever possible, the code number of the Harmonised Commodity Description and
Coding System, established by the Brussels Convention on 14 June 1983 under theauspices of the Customs Cooperation Council (Harmonised System) is listed opposite anentry. This code may apply to both wastes and products. This Regulation does not
include items which are not wastes. Therefore, the code — used by customs officials in
order to facilitate their procedures as well as by others — is only provided here to help inidentifying wastes that are listed and subject to this Regulation. However, correspondingofficial Explanatory Notes as issued by the Customs Cooperation Council should be
used as interpretative guidance to identify wastes covered by generic headings.
The indicative ‘ex’ identifies a specific item contained within a heading of theHarmonised System code.The code in bold in the first colum is the OECD: it consists of two letters (one for the
list: Green, Amber or Red, and one for the category of waste: A, B, C, . . .) followed by a
number.
(
**)This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling,
dust, powder, sludge and cake, unless a material is expressly listed elsewhere.1993R0259 — EN — 19.05.1998 — 004.001 — 37
AA170 Lead-acid batteries, whole or crushed
AA180 Used batteries or accumulators, whole or crushed,
other than lead-acid batteries, and waste and scrap
arising from the production of batteries and accumu-
lators, not otherwise specified or included
AA190 8014 20 Magnesium waste and scrap that is flammable,
pyrophoric or emits, upon contact with water,
flammable gases in dangerous quantities.
AB. WASTES CONTAINING PRINCIPALL Y INORGANIC CONSTI-
TUENTS, WHICH MA Y CONTAIN METALS AND ORGANIC MA-
TERIALS
AB010 2621 00 Slag, ash and residues (**), not elsewhere specified or
included
AB020 Residues arising from the combustion of municipal/
household wastes
AB030 Wastes from non-cyanide based systems which arise
from surface treatment of metals
AB040 ex 7001 30 Glass waste from cathode-ray tubes and other
activated glasses
AB050 ex 2529 21 Calcium fluoride sludge
AB060 Other inorganic flourine compounds in the form of
liquids or sludges
AB070 Sands used in foundry operations
AB080 Spent catalysts not on the green list
AB090 Waste hydrates of aluminium
AB100 Waste alumina
AB110 Basic solutions
AB120 Inorganic halide compounds, not elsewhere specified
or included
AB130 Used blasting grit
AB140 Gypsum arising from chemical industry processes
AB150 Unrefined calcium sulphite and calcium sulphate
from flue gas desulphurisation (FGD)
AC. WASTES CONTAINING PRINCIP ALL Y ORGANIC CONSTITUENTS,
WHICH MA Y CONTAIN METALS AND INORGANIC MATERIALS
AC010 ex 2713 90 Waste from the production/processing of petroleum
coke and bitumen, excluding anode butts
AC020 Asphalt cement wastes
AC030 Waste oils unfit for their originally intended use
AC040 Leaded petrol (gasoline) sludges
AC050 Thermal (heat transfer) fluids
AC060 Hydraulic fluids
AC070 Brake fluids
AC080 Antifreeze fluids!M4
(**)This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling,
dust, powder, sludge and cake, unless a material is expressly listed elsewhere.1993R0259 — EN — 19.05.1998 — 004.001 — 38
AC090 Waste from production, formulation and use of resins,
latex, plasticizers, glues and adhesives
AC100 ex 3915 90 Nitrocellulose
AC110 Phenols, phenol compounds including chlorophenol
in the form of liquids or sludges
AC120 Polychlorinated naphtalenes
AC130 Ethers
AC140 Triethylamine catalyst for setting foundry sands
AC150 Chlorofluorocarbons
AC160 Halons
AC170 Treated cork and wood wastes
AC180 ex 4110 00 Leather dust, ash, sludges and flours
AC190 Fluff — light fraction from automobile shredding
AC200 Organic phosphorous compounds
AC210 Non-halogenated solvents
AC220 Halogenated solvents
AC230 Halogenated or unhalogenated non-aqueous distil-
lation residues arising from organic solvent recovery
operations
AC240 Wastes arising from the production of aliphatic
halogenated hydrocarbons (such as chloromethanes,
dichloro-ethane, vinyl chloride, vinylidene chloride,
allyl chloride and epichlorhydrin)
AC250 Surface active agents (surfactants)
AC260 Liquid pig manure; faeces
AC270 Sewage sludge
AD. WASTES WHICH MA Y CONTAIN EITHER INORGANIC OR
ORGANIC CONSTITUENTS
AD010 Wastes from the production and preparation of
pharmaceutical products
AD020 Wastes from the production, formulation and use of
biocides and phytopharmaceuticals
AD030 Wastes from the manufacture, formulation and use of
wood preserving chemicals
AD040 Wastes that contain, consist of or are contamined with
any of the following:
— Inorganic cyanides, excepting precious metal-
bearing residues in solid form containing tracesof inorganic cyanides
AD050 — Organic cyanides
AD060 Waste oils/water, hydrocarbons/water mixtures, emul-
sions
AD070 Wastes from production, formulation and use of inks,
dyes, pigments, paints, lacquers, varnish
AD080 Wastes of an explosive nature, when not subject to
specific other legislation!
M41993R0259 — EN — 19.05.1998 — 004.001 — 39
AD090 Wastes from production, formulation and use of
reprographic and photographic chemicals and ma-terials not elsewhere specified or included
AD100 Wastes from non-cyanide based systems which arise
from surface treatment of plastics
AD110 Acidic solutions
AD120 Ion exchange resins
AD130 Single-use cameras with batteries
AD140 Wastes from industrial pollution control devices for
cleaning of industrial off-gases, not elsewhere spec-ified or included
AD150 Naturally occuring organic material used as a filter
medium (such as bio-filters)
AD160 Municipal/household wastes
AD170 ex 2803 Spent activated carbon having hazardous character-
istics and resulting from its use in the inorganic
chemical, organic chemical and pharmaceutical
industries, waste water treatment, gas/air cleaningprocesses and similar applications.!
M41993R0259 — EN — 19.05.1998 — 004.001 — 40
ANNEX IV
RED LIST OF W ASTES
‘Containing’ or ‘contained with’, when used in this list, means that the substance
referred to is present to an extent which (a) renders the waste hazardous, or (b)renders it not suitable for submission to a recovery operation.
RA. WASTES CONTAINING PRINCIP ALL Y ORGANIC CONSTITUENTS,
WHICH MA Y CONTAIN METALS AND INORGANIC MATERIALS
RA010 Wastes, substances and articles containing, consisting
of or contaminated with polychlorinated biphenyl(PCB) and/or polychlorinated terphenyl (PCT) and/or
polybrominated biphenyl (PBB), including any other
polybrominated analogues of these compounds, at aconcentration level of 50 mg/kg or more
RA020 Waste tarry residues (excluding asphalt cements)
arising from refining, distillation and any pyrolitictreatment
RB. WASTES CONTAINING PRINCIP ALL Y INORGANIC CONSTITUENTS,
WHICH MA Y CONTAIN METALS AND ORGANIC MATERIALS
RB010 Asbestos (dusts and fibres)
RB020 Ceramic-based fibres of physico-chemical character-
istics similar to those of asbestos
RC. WASTES WHICH MA Y CONTAIN EITHER INORGANIC OR ORGANIC
CONSTITUENTS
Wastes that contain, consist of or are contaminated
with any of the following:
RC010 — Any congenor of polychlorinated dibenzo-furan
RC020 — Any congenor of polychlorinated dibenzo-dioxin
RC030 Leaded anti-knock compounds sludges
RC040 Peroxides other than hydrogen peroxide!
M11993R0259 — EN — 19.05.1998 — 004.001 — 41
ANNEX V
Wastes listed in Annex III to this Regulation.
Wastes listed in Annex IV to this Regulation.!M31993R0259 — EN — 19.05.1998 — 004.001 — 42