1993R0259 — EN — 10.11.1998 — 005.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B 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
(OJ L 30, 6.2.1993, p. 1)
Amended by:
Official Journal
No page date
►M1Commission Decision 94/721/EC of 21 October 1994 L 288 36 9.11.1994
►M2Commission Decision 96/660/EC of 14 November 1996 L 304 15 27.11.1996
►M3Council Regulation (EC) No 120/97 of 20 January 1997 L 22 14 24.1.1997
►M4Commission Decision 98/368/EC of 18 May 1998 L 165 20 10.6.1998
►M5Commission Regulation (EC) No 2408/98 of 6 November 1998 L 298 19 7.11.1998
▼B
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 EconomicCommunity, 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 ofwastes 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, nationalsystems for the supervision and control of shipments of waste within aMember State should comply with minimum criteria in order to ensure ahigh 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)
lays down in its Article 5 (1) that an integrated and adequate network ofwaste disposal installations, to be established by Member States throughappropriate 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 towardsthat aim individually, taking into account geographical circumstances orthe need for specialized installations for certain types of waste; whereasArticle 7 of the said Directive requests the drawing up of wastemanagement 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 movementsof waste which are not in accordance with their waste management plansand that they shall inform the Commission and the other Member Statesof 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;
Whereas shipments of waste must be subject to prior notification to the
competent authorities enabling them to be duly informed in particular of1993R0259 — EN — 10.11.1998 — 005.001 — 2
(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).
▼B
the type, movement and disposal or recovery of the waste, so that these
authorities may take all necessary measures for the protection of humanhealth 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 — bytaking measures in accordance with the Treaty to prohibit generally orpartially 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; whereasthe specific problem of disposal of such small quantities requirescooperation between the Member States concerned and possiblerecourse to aCommunity 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, toaproposa l by the Commission to reconsider the conditions under whichsuch 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 proceduresof 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 inaccordance with Community legislation and the OECD Decision;whereas some exceptions are also necessary in order to facilitate thetracking of such shipments within the Community and to take account ofexceptional 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; whereasit may be appropriate in the light of such consultation that theCommission 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 betweenthese countries and the Community; whereas Member States must, inexceptional 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 ofwaste for recovery in order to avoid any interruption of waste treatmentand in the case of waste for disposal where the country of dispatch doesnot have or cannot reasonably acquire the technical capacity andnecessary 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 theterms 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 thewaste in an alternative and environmentally sound manner; whereas,should he fail to do so, the competent authorities of dispatch ordestination, as appropriate, must themselves intervene;1993R0259 — EN — 10.11.1998 — 005.001 — 3
▼B
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 andout 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 theAntarctic 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 hazardouscharacteristics 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 theprocedure 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 byMember States as if they had been listed in Annex III or IV.
Member States which make use of this possibility shall
immediately notify the Commission of such cases and informother Member States, as appropriate, and give reasons for their1993R0259 — EN — 10.11.1998 — 005.001 — 4
(1) OJ No L 35, 12. 2. 1992, p. 24.
(2) OJ No L 377, 31. 12. 1991, p. 20.
▼B
decision. The Commission, in accordance with the procedure laid
down in Article 18 of Directive 75/442/EEC, may confirm suchaction 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 mayapply appropriate provisions of Articles 25 and 26 of thisRegulation.
Article 2
For the purposes of this Regulation:
(a)wasteis 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, forthe 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, forthe area in which the shipment is received, or in which waste isloaded on board before disposal at sea without prejudice to existingconventions on disposal at sea or designated by non-Member States;
(e)competentauthorityoftransit means the single authority designated
by Member States in accordance with Article 36 for the Statethrough 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)notifiermeans 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, acollector licensed to this effect by
aMember Sta te or aregistered or licensed dea ler or brokerwho 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, theperson 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 author-
ized 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 ofDirective 76/403/EEC(
2);
(k)recovery is as defined in Article 1 (f) of Directive 75/442/EEC;
(l)Stateofdispatch means any State from which a shipment of waste
is planned or made;1993R0259 — EN — 10.11.1998 — 005.001 — 5
(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.
▼B
(m)Stateofdestination means any State to which a shipment of waste is
planned or made for disposal or recovery, or for loading on boardbefore disposal at sea without prejudice to existing conventions on
disposal at sea;
(n)Stateoftransit means any State, other than the State of dispatch or
destination, through which a shipment of waste is planned or made;
(o)consignmentnote 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)theOECDDecision means the decision of the OECD Council of 30
March 1992 on the control of transfrontier movements of wastesdestined for recovery operations.
TITLE II
SHIPMENTS OF WASTE 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 andsend a copy of the notification to the competent authorities of dispatchand 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 additionalinformation 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 thewaste 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
for the disposal of the waste in question under conditions presentingno 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 5.1993R0259 — EN — 10.11.1998 — 005.001 — 6
▼B
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 ithas 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 soundmanner.
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 adeclaration 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 regula-tions.
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. Theauthorization shall be subject to any transport conditions referredto in (d).
The competent authority of destination shall take its decision not
earlier than 21 days following the dispatch of the acknowl-edgement. It may, however, take its decision earlier if it has thewritten 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 competentauthorities 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 information.
These objections shall be conveyed in writing to the notifier, withcopies to the other competent authorities concerned.
(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 downconditions in respect of the transport of waste within theirjurisdiction.
These conditions must be notified to the notifier in writing, with
copies to the competent authorities concerned, and entered in theconsignment note. They may not be more stringent than thoselaid down in respect of similar shipments occurring wholly within1993R0259 — EN — 10.11.1998 — 005.001 — 7
▼B
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, MemberStates may take measures in accordance with the Treaty toprohibit generally or partially or to object systematically toshipments 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 aMember Sta te ofdispatch in such a small quantity overall per year that theprovision of new specialized disposal installations withinthat 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 nosatisfactory solution, either Member State may refer thematter to the Commission, which will determine the issue inaccordance with the procedure laid down in Article 18 ofDirective 75/442/EEC.
(b) The competent authorities of dispatch and destination, while
taking into account geographical circumstances or the need forspecialized installations for certain types of waste, may raisereasoned 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 priorityto 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 shipmentif:
— 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 accordancewith national legislation, or
— the shipment conflicts with obligations resulting from
international conventions concluded by the Member State or
Member States concerned.
4. If, within the time limits laid down in paragraph 2, the competent
authorities are satisfied that the problems giving rise to their objectionshave been solved and that the conditions in respect of the transport willbe met, they shall immediately inform the notifier in writing, with copiesto 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 authoriza-
tion 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.1993R0259 — EN — 10.11.1998 — 005.001 — 8
▼B
2. Once the notifier has received authorization, he shall insert the date
of shipment and otherwise complete the consignment note and sendcopies 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, shallaccompany 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 consignmentnote, 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 acertificate of disposal to the notifier and the other competent authoritiesconcerned. 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 passit 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 thecompetent 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 additionalinformation 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,
— 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 transportby 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 technicalcapacity for the recovery of the waste in question under conditionspresenting 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.1993R0259 — EN — 10.11.1998 — 005.001 — 9
▼B
6. The notifier must conclude acontra ct 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 adeclaration 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 regula-tions.
8. A competent authority of dispatch may, in accordance with
national legislation, decide to transmit the notification itself instead ofthe notifier to the competent authority of destination, with copies to theconsignee 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 acknowledgementto the notifier and copies thereof to the other competent authorities andto 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 othercompetent 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.
Written consent or objection may be provided by post, or by telefax
followed by post. Such consent shall expire within one year unlessotherwise specified.
3. The competent authorities of dispatch, destination and transit shall
have 20 days following the dispatch of the acknowledgement in which tolay down conditions in respect of the transport of waste within theirjurisdiction.
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 shalltake due account of existing agreements, in particular relevantinternational 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, or1993R0259 — EN — 10.11.1998 — 005.001 — 10
▼B
— if it is not in accordance with national laws and regulations
relating to environmental protection, public order, publicsafety 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 orMember States concerned, or
— if the ratio of the recoverable and non-recoverable waste, the
estimated value of the materials to be finally recovered or thecost of the recovery and the cost of the disposal of the nonrecoverable 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, thirdand 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 willbe met, they shall immediately inform the notifier in writing, with copiesto 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 withinone year from that date.
Where the competent authorities decide to provide written consent, the
shipment may be effected immediately after all necessary consents havebeen 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.
4. All undertakings involved in the operation shall complete the
consignment note at the points indicated, sign it and retain a copythereof.
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 notifierand 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 acertificate 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 theywill not raise objections concerning shipments of certain types of wasteto a specific recovery facility. Such decisions may be limited to aspecific period of time; however, they may be revoked at any time.1993R0259 — EN — 10.11.1998 — 005.001 — 11
▼B
2. Competent authorities which select this option shall inform the
Commission of the recovery facility name, address, technologiesemployed, 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 OECDSecretariat.
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 isdispatched.
The competent authorities of the Member States of dispatch and transit
may raise objections to any such shipment, based on Article 7 (4), orimpose 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 inArticle 6 (6), these authorities shall so inform the Commission. In suchcases, the notification plus the contracts or portions thereof to bereviewed must arrive seven days prior to the time the shipment isdispatched 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 orAnnex IV shall be subject to the same procedures as referred to inArticles 6 to 8 except that the consent of the competent authoritiesconcerned 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 followinginformation, 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;
(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
confidentially 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);1993R0259 — EN — 10.11.1998 — 005.001 — 12
▼B
(b) the competent authority of destination shall ask the competent
authority in the third State(s) whether it wishes to send its writtenconsent 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 WASTE 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 theirjurisdiction. This system should take account of the need for coherencewith 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 shallinform the other Member States thereof.
4. Member States may apply the system provided for in Titles II, VII
and VIII within their jurisdiction.
TITLE IV
EXPORTS OF WASTE
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 withenvironmentally sound methods in the EFTA country of destinationconcerned.
3. The competent authority of dispatch shall require that any waste
for disposal authorized for export to EFTA countries be managed in anenvironmentally sound matter throughout the period of shipment and inthe 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 Article3 (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 acknowledgement1993R0259 — EN — 10.11.1998 — 005.001 — 13
▼B
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 theshipment, with or without conditions, or refusing it. It may also requestadditional 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 toin 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 theCommunity and to the consignee.
3. The competent authorities of dispatch and transit in the Commu-
nity may, within 60 days following the dispatch of theacknowledgement, raise objections based on Article 4 (3). They mayalso request additional information. Any objection must be provided inwriting to the notifier, with copies to the other competent authorities
concerned.
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 consigneespecifying environmentally sound management of the waste in
question; acopy of the contra ct 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, exceptfor 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 hisresponsability to the notifier and to the competent authorityconcerned. The form of this certificate shall be part of theconsignment note which accompanies the shipment.
The contract shall, in addition, stipulate that if a consignee issues an
incorrect certificate with the consequence that the financialguarantee is released he shall bear the costs arising from the dutyto 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 theterms 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 stringentthan those laid down in respect of similar shipments effected whollywithin the area of jurisdiction of the competent authority in question.1993R0259 — EN — 10.11.1998 — 005.001 — 14
▼B
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 sendcopies to the competent authorities concerned three working days beforethe shipment is made. A copy or, if requested by the competentauthorities, 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 consign-
ment 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 theCommunity.
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 competentauthority 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 fromthe consignee about his receipt of the waste, it shall inform withoutdelay the competent authority of destination.
It shall take action in a similar way if, 180 days after the waste has left
the Community, the competent authority which gave the authorizationhas not received from the consignee the certificate of disposal referred toin paragraph 4.
11. A competent authority of dispatch may, in accordance with
national legislation, decide to transmit the notification itself instead ofthe 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 theshipment 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, haveconcluded bilateral or multilateral or regional agreements orarrangements 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 ofthis 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 agreementsand arrangements shall be notified to the Commission withinthree months of the date of application of this Regulation or ofthe date that such agreements are brought into effect, whichever1993R0259 — EN — 10.11.1998 — 005.001 — 15
▼M3
▼M3
is earlier, and shall expire when agreements or arrangements are
concluded in accordance with the first indent. Any such exportsshall 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 latestbefore 1 January 1998, review and amend Annex V to this Regulationtaking into full consideration those wastes featuring on the list of wastesadopted 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 theAnnex in order to give effect to decisions of the Parties to the BasleConvention 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.
2. The agreements and arrangements referred to in paragraph 1 (b)
shall guarantee an environmentally sound management of the waste inaccordance 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 environmentallysound management;
(b) fix the conditions for the treatment of the non-recoverable
components of the waste and, if appropriate, oblige the notifier totake 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 ofenvironmentally sound management. The Commission shall informthe European Parliament and the Council about the results of thisreview. If such a review leads to the conclusion that environmentalguarantees are insufficient, the continuation of waste exports under
such terms shall, on a proposal from the Commission, be
reconsidered, including the possibility of aba n.
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 beprohibited:
(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 environmentallysound methods in such acountry.
4. The competent authority of dispatch shall require that any waste
for recovery authorized for export be managed in an environmentallysound manner throughout the period of shipment and in the State ofdestination.
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 notsubject to control in the country of destination and that the latter will1993R0259 — EN — 10.11.1998 — 005.001 — 16
(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).▼B
▼B
accept categories of such waste to be shipped without recourse to the
control procedures which apply to Annex III or IV or that it indicatewhere 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 appropriateproposals 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 exportlicensing shall be established in cases to be determined in accordancewith 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 inquestion.
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 orwhere a country of destination has notified under Article 3 of the BasleConvention that it regards certain kinds of waste listed in Annex II ishazardous, exports of such waste to that country shall be subjected tocontrol. 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 consultationwith the country of destination which of the control procedures shallapply, that is those applicable to Annex III or IV or the procedure laiddown 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 andtransit 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 isexported for recovery to countries and through countries to which theOECD Decision applies, Article 10 shall apply by analogy.
7. In addition, where waste is exported in accordance with paragraphs
4t o6 :
— a specimen of the consignment note shall be delivered by the carrier
to the last customs office of departure when the waste leaves theCommunity,
— as soon as the waste has left the Community, the customs office of
departure shall send a copy of the consignment note to the competentauthority 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 isreleased, he shall bear the costs arising from the duty to return thewaste to the area of jurisdiction of the competent authority ofdispatch and its disposal or recovery in an alternative andenvironmentally 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 notapply:
— Article 15, except for paragraph 3, shall apply by analogy,1993R0259 — EN — 10.11.1998 — 005.001 — 17
▼B
— 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 thecontrol 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.
3. In case of re-export to ACP States, a specimen of the consignmet
note, together with the stamp of authorization, shall accompany eachshipment.
TITLE V
IMPORTS OF WASTE 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 orarrangements compatible with Community legislation and inaccordance with Article 11 of the Basle Convention gauranteeingthat 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 ofthis Regulation, compatible with Community legislation and inaccordance 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 disposalwill be carried out exclusively in the Member State which hasconcluded the agreement or arrangement. These agreements orarrangements 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 expirewhen agreements or arrangements are concluded in accordancewith 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 anenvironmentally sound manner in the country of dispatch. Theseagreements and arrangements shall comply with the conditions set out inparagraph 1 (b), third indent and shall be notified to the Commissionprior to their conclusion.1993R0259 — EN — 10.11.1998 — 005.001 — 18
▼B
3. The countries referred to in paragraph 1 (b) shall be required to
present a duly motivated request beforehand to the competent authorityof 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 soundmanner.
4. The competent authority of destination shall prohibit the bringing
of waste into its area of jurisdiction if it has reason to believe that thewaste will not be managed in an environmentally sound manner in itsarea.
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 thecompetent authorities of transit. The consignment note shall be issued bythe competent authority of destination.
On receipt of the notification, the competent authority of destination
shall, within three working days, send a written acknowledgement to thenotifier, with copies to the competent authorities of transit in theCommunity.
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. Itmay 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 ofentry 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 othercompetent 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 acknowl-edgement 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 withinthe 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 sendcopies to the competent authorities concerned three working days beforethe shipment is made. A specimen of the consignment note shall bedelivered by the carrier to the customs office of entry into theCommunity.1993R0259 — EN — 10.11.1998 — 005.001 — 19
▼B
A copy or, if requested by the competent authorities, a specimen of the
consignment note, together with the stamp of authorization, shallaccompany each shipment.
All undertakings involved in the operation shall complete the consign-
ment 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 consignmentnote, except for the certificate referred to in paragraph 9, to the notifierand the competent authorities concerned;
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 theconsignment 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, haveconcluded bilateral or multilateral or regional agreements orarrangements compatible with Community legislation and inaccordance 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 ofthis Regulation, where these are compatible with Communitylegislation and in accordance with Article 11 of the BasleConvention, 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 theearlier, and shall expire when agreements or arrangements areconcluded in accordance with the first indent, or
— with which individual Member States conclude bilateral agree-
ments or arrangements after the date of application of thisRegulation 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 orarrangements necessary to avoid any interruption of waste treatmentbefore 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 theirconclusion and shall expire when agreements or arrangements areconcluded 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 controlprocedures shall apply by analogy:
(a) for waste listed in Annex III: Articles 6, 7, 8, 9 (1), (3), (4) and (5),
and 17 (5);1993R0259 — EN — 10.11.1998 — 005.001 — 20
▼B
(b) for waste listed in Annex IV and waste which has not yet been
assigned to Annex II, III or IV: Article 10.
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 fromand 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 WASTE FROM OUTSIDE AND THROUGH THECOMMUNITY 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 shallbe effected by means of the consignment note to the last competentauthority 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 paragraph5, convey their reactions to the last competent authority of transit in theCommunity, which shall then respond in writing to the notifier within 60days, 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 orreservations must be justified. The competent authority shall send acertified copy of the decision to both the other competent authoritiesconcerned and the customs offices of entry into and departure form theCommunity.
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, anyconditions 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 thanthose laid down in respect of similar shipments occurring wholly withinthe 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 authoritiesconcerned three working days before the shipment is made.
A specimen of the consignment note, together with the stamp of
authorization, shall accompany each shipment.
A specimen of the consignment note shall be supplied by the carrier to
the customs office of departure when the waste leaves the Community.1993R0259 — EN — 10.11.1998 — 005.001 — 21
▼B
All undertakings involved in the operation shall complete the consign-
ment 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 competentauthority, with copies to the other competent authorities of transit, that ithas 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 OECDDecision 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). Anyobjection must be provided in writing to the notifier and to thecompetent 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 inwriting 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 ithas been informed thereof, ensure that the notifier returns the waste toits area of jurisdiction or elsewhere within the State of dispatch unless itis satisfied that the waste can be disposed of or recovered in analternative 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 thecompetent authority of destination and with an explanation of thereason.
3. The obligation of the notifier and the subsidiary obligation of the
State of dispatch to take the waste back shall end when the consigneehas issued the certificate referred to in Articles 5 and 8.1993R0259 — EN — 10.11.1998 — 005.001 — 22
▼B
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 maybe 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 wasteat the duly motivated request of the competent authority of destinationand 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 questionis disposed of in an environmentally sound manner by the consignee or,if impracticable, by the competent authority itself within 30 days fromthe time it was informed of the illegal traffic or within any such otherperiod 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 shallcooperate to ensure that the waste in question is disposed of or recoveredin 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 equivalentinsurance covering costs for shipment, including cases referred to inArticles 25 and 26, and for disposal or recovery.
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 anenvironmentally sound manner,1993R0259 — EN — 10.11.1998 — 005.001 — 23
▼B
— 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 Commissionshall 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 generalnotification procedure where waste for disposal or recovery having thesame 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 informthe competent authorities concerned as soon as possible or before theshipment starts if the need for route modification is already known atthis time.
Where the route modification is known before the shipment starts and
this involves other competent authorities than those concerned in thegeneral 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 thecompetent 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 notas notified or if the conditions imposed on its shipment are notrespected, the competent authorities concerned shall withdraw theirconsent 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. Suchmeasures may include inspections of establishments and undertakings, inaccordance with Article 13 of Directive 75/442/EEC, and spot checks ofshipments.
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.
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 61993R0259 — EN — 10.11.1998 — 005.001 — 24
(1) OJ No L 270, 23. 9. 1987, p. 1.
▼B
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 faras 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 andinspections 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 environmentallysound manner pursuant to Articles 25 (1) and 26 (2), shall be charged tothe 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 becharged to the consignee.
4. Costs arising from disposal or recovery, including possible
shipment pursuant to Article 26 (4), shall be charged to the notifierand/or the consignee depending upon the decision by the competentauthorities 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 orrecover or to arrange for disposal or recovery of the waste so as toprotect 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.
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, thenotifier and the consignee.
Article 36
Member States shall designate the competent authority or authorities for
the implementation of this Regulation. A single competent authority oftransit shall be designated by each Member State.1993R0259 — EN — 10.11.1998 — 005.001 — 25
▼B
Article 37
1. Member States and the Commission shall each designate at least
one correspondent responsible for informing or advising persons orundertakings who or which make enquiries. The Commission corre-spondent shall forward to the correspondents of the Member States anyquestions 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 correspondentsto examine with them the questions raised by the implementation of thisRegulation.
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 otherfrontier 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 theBasle Convention, inter alia, via the exchange of information, the
promotion of environmentally sound technologies and the developmentof appropriate codes of good practice.
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 andsend 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 theCommunity 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 appropriate1993R0259 — EN — 10.11.1998 — 005.001 — 26
(1) OJ No L 377, 31. 12. 1991, p. 48.
▼B
afterwards, in accordance with the procedure laid down in Article 18 of
Directive 75/442/EEC, the standard consignment note, including theform 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 thecertificate 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 bythe Commission in accordance with the procedure laid down in Article18 of Directive 75/442/EEC only to reflect changes already agreed underthe 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 and5 of that Directive shall be completed not later than six months from thedate of application of this Regulation.
Article 4 4
This Regulation shall enter into force on the third day following its
publication in the Official JournaloftheEuropeanCommunities .
It shall apply 15 months after publication.
This Regulation shall be binding in its entirety and directly applicable in
all Member States.1993R0259 — EN — 10.11.1998 — 005.001 — 27
▼B
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 for the
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).1993R0259 — EN — 10.11.1998 — 005.001 — 28
(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 Convention
▼M4
ANNEX II
GREEN LIST OF WASTES (*)
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 extent
which (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,
rhodium and ruthenium)
GA030 ex 7112 90 — Of other precious metal, e.g. silver
NB: Mercury is specifically excluded as a
contaminant of these metals or their alloys
or amalgams.
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
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 those1993R0259 — EN — 10.11.1998 — 005.001 — 29
(*) Wherever possible, the code number of the Harmonised Commodity Description and
Coding System, established by the Brussels Convention of 14 June 1983 under theauspices of the Customs Cooperation Council (Harmonised System) is listed oppositean entry. 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 helpin identifying wastes that are listed and subject to this Regulation. However,corresponding official Explanatory Notes as issued by the Customs CooperationCouncil 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 theHarmonsied 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, . . .) followed
by anumber.
▼M4
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 ( > 90 % Zn)
GB022 — Galvanising slab zinc bottom dross ( > 92 %
Zn)
GB023 — Zinc die cast dross ( > 85 % Zn)
GB024 — Hot dip galvanisers slab zinc dross (batch) (
> 92 % Zn)
GB025 — Zinc skimmings
GB030 Aluminium skimmings
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 vesselwhich may have been classified as a dangerous
substance or waste
GC040 Motor vehicle wrecks, drained of liquids
GC050 Spent fluid catalytic cracking (FCC) catalysts
(e.g. aluminium oxide, zeolites)1993R0259 — EN — 10.11.1998 — 005.001 — 30
▼M4
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,
manganese, cobalt, copper, yttrium, niobium,
hafnium, tungsten, titanium, chromium, iron,
nickel, zinc, zirconium, molybdenum,
tantalum, rhenium
— Lanthanides (rare earth metals): lanthanum,
praseodymium, samarium, gadolinium,
dysprosium, 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 both national and relevant international
requirements and standards (
1)
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 Micawa ste
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 Silicawa stes in solid form excluding those used
in foundry operations
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 compo-
sites)
GF030 Ceramic based fibres not elsewhere specified or
included
GG.OTHER WASTES CONTAINING PRINCIPALLY INORGANIC
CONSTITUENTS, WHICH MAY CONTAIN METALS AND
ORGANIC MATERIALS
GG010 Partially refined calcium sulphate produced from
flue gas desulphurisation (FGD)
GG020 Waste gypsum wallboard or plasterboard arising
from the demolition of buildings
GG030 ex 2621 Bottom ash and slag tap from coal-fired power
plants
GG040 ex 2621 Coal-fired power plants fly ash
GG050 Anode butts of petroleum coke and/or bitumen
GG060 ex 2803 Spent activated carbon, resulting from the treat-
ment of potable water and processes of the food
industry and vitamin production1993R0259 — EN — 10.11.1998 — 005.001 — 31
▼M4
GG080 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 and abrasive applications
GG090 Sulphur in solid form
GG100 Limestone from production of calcium cyanamide
(having a pH less than 9)
GG110 ex 2621 00 Neutralised red mud from alumina production
GG120 Sodium, potassium, calcium chlorides
GG130 Carborundum (silicon carbide)
GG140 Broken concrete
GG150 ex 2620 90 Lithium-tantalum and lithium-niobium containing
glass scraps
GH.SOLID PLASTIC WASTES
Including, but not limited to:
GH010 3915 Waste, parings and scrap of plastics of:
GH011 ex 3915 10 — Polymers of ethylene
GH012 ex 3915 20 — Polymers of styrene
GH013 ex 3915 30 — Polymers of vinyl chloride
GH014 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) (
2)
— Polyurethane (not containing chlorofluorocar-
bons)
— Polysiloxalanes (silicones)— Polymethyl methacrylate— Polyvinyl alcohol— Polyvinyl butyral
— Polyvinyl acetate
— Polymers of fluorinated ethylene (Teflon,
PTFE)
GH015 ex 3915 90 — Resins or condensation products, for example:
— Ureaforma ldehyde 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
mechanical pulp (for example, newspapers, jour-
nals and similar printed matter)1993R0259 — EN — 10.11.1998 — 005.001 — 32
▼M4
GI014 4707 90 — Other, including but not limited to:
1. Laminated paperboard
2. 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
GJ030 5202 Cotton waste (including yarn waste and garnetted
stock)
GJ031 5202 10 — Yarn 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
textilisNee)
GJ100 ex 5305 99 Tow, noils and waste (including yarn waste and
garnetted stock) of ramie and other vegetable
textile fibres, 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
GK010 4004 00 Waste, parings and scrap of rubber (other than
hard rubber) and granules obtained therefrom
GK020 4012 20 Used pneumatic tyres
GK030 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 agglom-1993R0259 — EN — 10.11.1998 — 005.001 — 33
▼M4
erated in logs, briquettes, pellets or similar forms
GL020 4501 90 Cork waste; crushed, granulated or ground cork
GM.WASTES ARISING FROM AGRO-FOOD INDUSTRIES
GM070 ex 2307 Wine lees
GM080 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
GM090 1522 Degras; residues resulting from the treatment of
fatty substances or animal or vegetable waxes
GM100 0506 90 Waste of bones and horn-cones, unworked,
defatted, simply prepared (but not cut to shape),
treated with acid or degelatinised
GM110 ex 0511 91 Fish waste
GM120 1802 00 Cocoa shells, husks, and other cocoa waste
GM130 Waste from the agro-food industry excluding by-
products which meet national and international
requirements and standards for human or animal
consumption
GN.WASTES ARISING FROM TANNING AND FELLMONGERY
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 composi-
tion leather, not suitable for the manufacture of
leather articles, excluding leather sludges
GO. OTHER WASTES CONTAINING PRINCIPALLY ORGANIC
CONSTITUENTS, WHICH MAY CONTAIN METALS AND INOR-
GANIC MATERIALS
GO010 ex 0501 00 Waste of human hair
GO020 Waste straw
GO030 Deactivated fungus mycelium from penicillin
production to be used as animal feed
GO040 Waste photographic film base and waste photo-
graphic film not containing silver
GO050 Single-use cameras without batteries
(**) ‘Non-dispersible’ does not include any wastes in the form of powder, sludge, dust or
solid items containing encased hazardous waste liquids.
(1) This entry covers the use of such slags as a source of titanium dioxide and vanadium.
(2) These cannot be polymerised and are used as plasticisers.1993R0259 — EN — 10.11.1998 — 005.001 — 34
▼M4
ANNEX III
AMBER LIST OF WASTES (*)
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 extent
which (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
manufacture 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
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
accumulators, 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 PRINCIPALLY INORGANIC CONSTITU-1993R0259 — EN — 10.11.1998 — 005.001 — 35
(*) 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 oppositean entry. 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 helpin identifying wastes that are listed and subject to this Regulation. However,corresponding official Explanatory Notes as issued by the Customs CooperationCouncil 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 thelist: Green, Amber or Red, and one for the category of waste: A, B, C, . . .) followed by
anumber.
▼M4
ENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATE-
RIALS
AB010 2621 00 Slag, ash and residues (**), not elsewhere speci-
fied or included
AB020 Residues arising from the combustion of muni-
cipal/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 speci-
fied 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 PRINCIPALLY ORGANIC CONSTITU-
ENTS, WHICH MAY CONTAIN METALS AND INORGANIC
MATERIALS
AC010 ex 2713 90 Waste from the production/processing of petro-
leum 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
AC090 Waste from production, formulation and use of
resins, latex, plasticizers, glues and adhesives
AC100 ex 3915 90 Nitrocellulose
AC110 Phenols, phenol compounds including chloro-
phenol 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 solvents1993R0259 — EN — 10.11.1998 — 005.001 — 36
▼M4
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 chloro-
methanes, dichloro-ethane, vinyl chloride,
vinylidene chloride, allyl chloride and epichlor-
hydrin)
AC250 Surface active agents (surfactants)
AC260 Liquid pig manure; faeces
AC270 Sewage sludge
AD.WASTES WHICH MAY 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
traces of inorganic cyanides
AD050 — Organic cyanides
AD060 Waste oils/water, hydrocarbons/water mixtures,
emulsions
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
AD090 Wastes from production, formulation and use of
reprographic and photographic chemicals and
materials 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
specified 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 char-
acteristics and resulting from its use in the
inorganic chemical, organic chemical and phar-
maceutical industries, waste water treatment, gas/
air cleaning processes and similar applications.
(**) 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 — 10.11.1998 — 005.001 — 37
▼M1
ANNEX IV
RED LIST OF WASTES
‘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 PRINCIPALLY ORGANIC CONSTITUENTS,
WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS
RA010 Wastes, substances and articles containing,
consisting of or contaminated with polychlori-
nated biphenyl (PCB) and/or polychlorinated
terphenyl (PCT) and/or polybrominated biphenyl
(PBB), including any other polybrominated
analogues of these compounds, at a concentration
level of 50 mg/kg or more
RA020 Waste tarry residues (excluding asphalt cements)
arising from refining, distillation and any pyrolitic
treatment
RB.WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITU-
ENTS, WHICH MAY CONTAIN METALS AND ORGANIC
MATERIALS
RB010 Asbestos (dusts and fibres)
RB020 Ceramic-based fibres of physico-chemical char-
acteristics similar to those of asbestos
RC.WASTES WHICH MAY CONTAIN EITHER INORGANIC OR
ORGANIC CONSTITUENTS
Wastes that contain, consist of or are contami-
nated 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 peroxide1993R0259 — EN — 10.11.1998 — 005.001 — 38
▼M5
ANNEX V
INTRODUCTORY NOTES
1. Annex V shall apply without prejudice to Directive 75/442/EEC, as amended
by Directive 91/156/EEC, and Directive EEC.
2. This Annex consists of three parts, whereby Parts 2 and 3 only apply when
Part 1 is not applicable. Consequently, to determine if a specific waste is
covered by Annex V to Regulation (EEC) No 259/93, one has to first check
whether the waste features in Part 1 of Annex V, if this is not the case whether
it features in Part 2, and if this is not the case whether it features in Part 3.
Part 1 is divided into two sub-sections: List A enumerating wastes which are
classified as hazardous for the purposes of the Basel Convention and therefore
are covered by the export ban and List B enumerating wastes which are not
covered by the export ban.
Thus, if a waste features in Part 1, one has to check if it is enumerated in List
A or in List B. Only if a waste does not feature in either List A or List B of
Part 1, one has to check if it features in Part 2 or 3 and if this is the case it is
covered by the export ban.
3. Member States may make provisions, in exceptional cases, to determine, on
the basis of documentary evidence provided in an appropriate way by the
holder, that a specific waste on this Annex is excluded from the export ban
referred to in Article 16(1) of Regulation (EEC) No 259/93 as amended, if it
does not display any of the properties listed in Annex III to Directive 91/689/
EEC, taking into account, as regards H3 to H8 of the said Annex, the limit
values laid down in Decision 94/904/EC.
In such a case, the Member State concerned shall inform the envisaged
importing country prior to taking a decision. Member States shall notify such
cases to the Commission before the end of each calendar year. The
Commission shall forward the information to all Member States and to the
Secretariat of the Basel Convention. On the basis of the information provided,
the Commission may make comments and, where appropriate, submit
proposals to the Committee established pursuant to Article 18 of Directive
75/442/EEC with a view to adapting Annex V to Regulation (EEC) No 259/93.
4. The fact that a waste is not listed in this Annex, or that it is listed in Part 1,
List B, does not preclude, in exceptional cases, characterisation of such a
waste as hazardous and therefore subject to the export ban referred to in
Article 16(1) of Regulation (EEC) No 259/93 as amended, if it displays any of
the properties listed in Annex III to Directive 91/689/EEC, taking into
account, as regards H3 to H8 of the said Annex, the limit values laid down in
Decision 94/904/EC, as provided for in Article 1(4), second indent, of
Directive 91/689/EEC and in the Header of Annex II to Regulation (EEC) No
259/93.
In such a case, the Member State concerned shall inform the envisaged
importing country prior to taking a decision. Member States shall notify such
cases to the Commission before the end of each calendear year. The
Commission shall forward the information to all Member States and to the
Secretariat of the Basel Convention. On the basis of the information provided,
the Commission may make comments and, where appropriate, submit
proposals to the Committee established pursuant to Article 18 of Directive
75/442/EEC with a view to adapting Annex V to Regulation (EEC) No 259/
93;1993R0259 — EN — 10.11.1998 — 005.001 — 39
▼M5
PART 1
ListA(AnnexVIIItotheBaselConvention)
[A1] Metal and metal-bearing wastes
[A1010] Metal wastes and waste consisting of alloys of any of the
following:
— Antimony
— Arsenic— Beryllium— Cadmium— Lead— Mercury
— Selenium
— Tellurium— Thallium
but excluding such wastes specifically listed on List B.
[A1020] Waste having as constituents or contaminants, excluding metal
waste in massive form, any of the following:
— Antimony; antimony compounds
— Beryllium; beryllium compounds— Cadmium; cadmium compounds— Lead; lead compounds— Selenium; selenium compounds— Tellurium; tellurium compounds
[A1030] Wastes having as constituents or contaminants any of the
following:
— Arsenic; arsenic compounds
— Mercury; mercury compounds— Thallium; thallium compounds
[A1040] Wastes having as constituents any of the following:
— Metal carbonyls
— Hexavalent chromium compounds
[A1050] Galvanic sludges
[A1060] Waste liquors from the pickling of metals
[A1070] Leaching residues from zinc processing, dust and sludges such as
jarosite, hematite, etc.
[A1080] Waste zinc residues not included on List B, containing lead and
cadmium in concentrations sufficient to exhibit Annex III
characteristics
[A1090] Ashes from the incineration of insulated copper wire
[A1100] Dusts and residues from gas cleaning systems of copper smelters
[A1110] Spent electrolytic solutions from copper electro-refining and
electro-winning operations
[A1120] Waste sludges, excluding anode slimes, from electrolyte
purification systems in copper electro-refining and electro-
winning operations
[A1130] Spent etching solutions containing dissolved copper[A1140] Waste cupric chloride and copper cyanide catalysts
[A1150] Precious metal ash from incineration of printed circuit boards not
included on List B (
1)
[A1160] Waste lead-acid batteries, whole or crushed
[A1170] Unsorted waste batteries excluding mixtures of only List B
batteries. Waste batteries not specified on List B containing
Annex I constituents to an extent to render them hazardous
[A1180] Waste electrical and electronic assemblies or scrap (2) containing
components such as accumulators and other batteries included on
List A, mercury-switches, glass from cathode-ray tubes and other1993R0259 — EN — 10.11.1998 — 005.001 — 40
▼M5
activated glass and PCB capacitors, or contaminated with Annex
I constituents (e.g. cadmium, mercury, lead, polychlorinated
biphenyl) to an extent that they possess any of the characteristics
contained in Annex III (note the related entry on List B
[B1110]) (3)
[A2] Wastes containing principally inorganic constituents, which may
contain metals and organic materials
[A2010] Glass waste from cathode-ray tubes and other activated glasses[A2020] Waste inorganic fluorine compounds in the form of liquids or
sludges but excluding such wastes specified on List B
[A2030] Waste catalysts but excluding such wastes specified on List B[A2040] Waste gypsum arising from chemical industry processes, when
containing Annex I constituents to the extent that it exhibits an
Annex III hazardous characteristic (note the related entry on List
B [B2080])
[A2050] Waste asbestos (dusts and fibres)[A2060] Coal-fired power plant fly-ash containing Annex I substances in
concentrations sufficient to exhibit Annex III characteristics
(note the related entry on List B [B2050])
[A3] Wastes containing principally organic constituents, which may contain
metals and inorganic materials
[A3010] Waste from the production or processing of petroleum coke and
bitumen
[A3020] Waste mineral oils unfit for their originally intended use[A3030] Wastes that contain, consist of or are contaminated with leaded
anti-knock compound sludges
[A3040] Waste thermal (heat transfer) fluids
[A3050] Wastes from production, formulation and use of resins, latex,
plasticizers, glues/adhesives excluding such wastes specified on
List B (note the related entry on List B [B4020])
[A3060] Waste nitrocellulose[A3070] Waste phenols, phenol compounds including chlorophenol in the
form of liquids or sludges
[A3080] Waste ethers not including those specified on List B[A3090] Waste leather dust, ash, sludges and flours when containing
hexavalent chromium compounds or biocides (note the related
entry on List B [B3100])
[A3100] Waste paring and other waste of leather or of composition
leather not suitable for the manufacture of leather articles
containing hexavalent chromium compounds or biocides (note
the related entry on List B [3090])
[A3110] Fellmongery wastes containing hexavalent chromium
compounds or biocides or infectious substances (note the related
entry on List B [3110])
[A3120] Fluff — light fraction from shredding
[A3130] Waste organic phosphorous compounds
[A3140] Waste non-halogenated organic solvents but excluding such
wastes specified on List B
[A3150] Waste halogenated organic solvents
[A3160] Waste halogenated or unhalogenated non-aqueous distillation
residues arising from organic solvent recovery operations
[A3170] Wastes arising from the production of aliphatic halogenated
hydrocarbons (such as chloromethane, dichloro-ethane, vinyl
chloride, vinylidene chloride, allyl chloride and epichlorhydrin)
[A3180] Wastes, substances and articles containing, consisting of or
contaminated with polychlorinated biphenyl (PCB), polychlori-
nated terphenyl (PCT), polychlorinated naphthalene (PCN) or
polybrominated biphenyl (PBB), or any other polybrominated
analogues of these compounds, at a concentration level of 501993R0259 — EN — 10.11.1998 — 005.001 — 41
▼M5
mg/kg or more (4)
[A3190] Waste tarry residues (excluding asphalt cements) arising from
refining, distillation and any pyrolitic treatment of organic
materials
[A4] Wastes which may contain either inorganic or organic constituents
[A4010] Wastes from the production, preparation and use of pharmaceu-
tical products but excluding such wastes specified on List B
[A4020] Clinical and related wastes; that is wastes arising from medical,
nursing, dental, veterinary, or similar practices, and wastes
generated in hospitals or other facilities during the investigation
or treatment of patients, or research projects
[A4030] Wastes from the production, formulation and use of biocides and
phytopharmaceuticals, including waste pesticides and herbicides
which are off-specification, out-dated (5), or unfit for their
originally intended use
[A4040] Wastes from the manufacture, formulation and use of wood-
preserving chemicals (6)
[A4050] Wastes that contain, consist of or are contaminated with any of
the following:
— Inorganic cyanides, excepting precious-metal-bearing resi-
dues in solid form containing traces of inorganic cyanides
— Organic cyanides
[A4060] Waste oils/water, hydrocarbons/water mixtures, emulsions
[A4070] Wastes from the production, formulation and use of inks, dyes,
pigments, paints, lacquers, varnish excluding any such waste
specified on List B (note the related entry on List B [B4010])
[A4080] Wastes of an explosive nature (but excluding such wastes
specified on List B)
[A4090] Waste acidic or basic solutions, other than those specified in the
corresponding entry on List B (note the related entry on List B
[B2120])
[A4100] Wastes from industrial pollution control devices for cleaning of
industrial off-gases but excluding such wastes specified on List
B
[A4110] Wastes that contain, consist of or are contaminated with any of
the following:
— any congenor of polychlorinated dibenzo-furan
— any congenor of polychlorinated dibenzo-dioxin
[A4120] Wastes that contain, consist of or are contaminated with
peroxides
[A4130] Wastes packages and containers containing Annex I substances
in concentrations sufficient to exhibit Annex III hazard
characteristics
[A4140] Waste consisting of or containing off-specification or out-
dated (5) chemicals corresponding to Annex I categories and
exhibiting Annex III hazard characteristics
[A4150] Waste chemical substances arising from research and develop-
ment or teaching activities which are not identified and/or are
new and whose effects on human health and/or the environment
are not known
[A4160] Spent activated carbon not included on List B (note the related
entry on List B [B2060])
(1) Note that the mirror entry on List B ([B 1160]) does not specify exceptions.
(2) This entry does not include scrap assemblies from electric power generation.
(3) PCBs are at a concentration level of 50 mg/kg or more.
(4) The 50 mg/kg level is considered to be an internationally practical level for all wastes.
However, many individual countries have established lower regulatory levels (e.g. 20mg/kg) for specific wastes.
(
5) ‘Out-dated’ means unused within the period recommended by the manufacturer.
(6) This entry does not include wood treated with wood-preserving chemicals.1993R0259 — EN — 10.11.1998 — 005.001 — 42
▼M5
ListB(AnnexIXtotheBaselConvention)
[B1] Metal and metal-bearing wastes
[B1010] Metal and metal-alloy wastes in metallic, non-dispersible form:
— Precious metals (gold, silver, the platinum group, but not
mercury)
— Iron and steel scrap— Copper scrap— Nickel scrap— Aluminium scrap
— Zinc scrap
— Tin scrap— Tungsten scrap— Molybdenum scrap— Tantalum scrap— Magnesium scrap— Cobalt scrap— Bismuth scrap— Titanium scrap
— Zirconium scrap
— Manganese scrap— Germanium scrap— Vanadium scrap— Scrap of hafnium, indium, niobium, rhenium and gallium— Thorium scrap— Rare earths scrap
[B1020] Clean, uncontaminated metal scrap, including alloys, in bulk
finished form (sheet, plate, beams, rods, etc.):
— Antimony scrap
— Beryllium scrap— Cadmium scrap— Lead scrap (but excluding lead-acid batteries)— Selenium scrap— Tellurium scrap
[B1030] Refractory metals containing residues
[B1040] Scrap assemblies from electrical power generation not contami-
nated with lubricating oil, PCB or PCT to an extent to render
them hazardous
[B1050] Mixed non-ferrous metal, heavy fraction scrap, not containing
Annex I materials in concentrations sufficient to exhibit Annex
III characteristics (
1)
[B1060] Waste selenium and tellurium in metallic elemental form
including powder
[B1070] Waste of copper and copper alloys in dispersible form, unless
than contain Annex I constituents to an extent that they exhibit
Annex III characteristics
[B1080] Zinc ash and residues including zinc alloys residues in
dispersible form unless containing Annex I constituents in
concentration such as to exhibit Annex III characteristics or
exhibiting hazard characteristic H4.3 (2)
[B1090] Waste batteries conforming to a specification, excluding those
made with lead, cadmium or mercury
[B1100] Metal-bearing wastes arising from melting, smelting and refining
of metals:
— Hard zinc spelter
— Zinc-containing drosses:
— galvanizing slab zinc top dross (> 90 % Zn)
— galvanizing slab zinc bottom dross (> 92 % Zn)
— zinc die casting dross (> 85 % Zn)
— hot dip galvanizers slab zinc dross (batch) (> 92 % Zn)— zinc skimmings
— Aluminium skimmings (or skims) excluding salt slag1993R0259 — EN — 10.11.1998 — 005.001 — 43
▼M5
— Slags from copper processing for further processing or
refining not containing arsenic, lead or cadmium to an extent
that they exhibit Annex III hazard characteristics
— Wastes of refractory linings, including crucibles, originating
from copper smelting
— Slags from precious metals processing for further refining— Tantalum bearing tin slags with less than 0,5 % tin
[B1110] Electrical and electronic assemblies:
— Electronic assemblies consisting only of metals or alloys
— Waste electrical and electronic assemblies or scrap (
3)
(including printed circuit boards) not containing components
such as accumulators and other batteries included on List A,
mercury-switches, glass from cathode-ray tubes and other
activated glass and PCB capacitors, or not contaminated with
Annex I constituents (e.g. cadmium, mercury, lead, poly-
chlorinated biphenyl) or from which these have been
removed, to an extent that they do not possess any of the
characteristics contained in Annex III (note the related entry
on List A [A1180])
— Electrical and electronic assemblies (including printed circuit
boards, electronic components and wires) destined for direct
re-use (4) and not for recycling or final disposal (5)
[B1120] Spent catalysts excluding liquids used as catalysts, containing
any of:
— Transition metals, excluding waste catalysts (spent catalysts,
liquid used catalysts or other catalysts) on List A: scandium,
vanadium, manganese, cobalt, copper, yttrium, niobium,
hafnium, tungsten, titanium, chromium, iron, nickel, zinc,
zirconium, molybdenum, tantalum, rhenium
— Lanthanides (rare earth metals): lanthanum, praseodymium,
samarium, gadolinium, dysprosium, erbium, ytterbium,
cerium, neody, europium, terbium, holmium, thulium,
lutetium
[B1130] Cleaned spent precious-metal-bearing catalysts
[B1140] Precious-metal-bearing residues in solid form which contain
traces of inorganic cyanides
[B1150] Precious metals and alloy wastes (gold, silver, the platinum
group, but not mercury) in adispersible, non-liquid form with
appropriate packaging and labelling
[B1160] Precious-metal ash from the incineration of printed circuit boards
(note the related entry on List A [A1150])
[B1170] Precious-metal ash from the incineration of photographic film
[B1180] Waste photographic film containing silver halides and metallic
silver
[B1190] Waste photographic paper containing silver halides and metallic
silver
[B1200] Granulated slag arising from the manufacture of iron and steel
[B1210] Slag arising from the manufacture of iron and steel including
slags as a source of TiO2and vanadium
[B1220] Slag from zinc production, chemically stabilised, having a high
iron content (above 20 %) and processed according to industrial
specifications (e.g. DIN 4301) mainly for construction
[B1230] Mill scaling arising from the manufacture of iron and steel
[B1240] Copper oxide mill-scale
[B2] Wastes containing principally inorganic constituents, which may
contain metals and organic materials
[B2010] Wastes from mining operations in non-dispersible form:
— Natural graphite waste
— Slate waste, whether or not roughly trimmed or merely cut,
by sawing or otherwise
— Micawa ste— Leucite, nepheline and nepheline syenite waste1993R0259 — EN — 10.11.1998 — 005.001 — 44
▼M5
— Feldspar waste
— Fluorspar waste— Silicawa stes in solid form excluding those used in foundry
operations
[B2020] Glass waste in non-dispersible form:
Cullet and other waste and scrap of glass except for glass from
cathode-ray tubes and other activated glasses
[B2030] Ceramic wastes in non-dispersible form:
— Cermet wastes and scrap (metal ceramic composites)
— Ceramic based fibres not elsewhere specified or included
[B2040] Other wastes containing principally inorganic constituents:
— Partially refined calcium sulphate produced from flue-gas
desulphurisation (FGD)
— Waste gypsum wallboard or plasterboard arising from the
demolition of buildings
— Slag from copper production, chemically stabilised, having a
high iron content (above 20 %) and processed according to
industrial specifications (e.g. DIN 4301 and DIN 8201)
mainly for construction and abrasive applications
— Sulphur in solid form— Limestone from the production of calcium cyanamide
(having a pH less than 9)
— Sodium, potassium, calcium chlorides— Carborundum (silicon carbide)— Broken concrete— Lithium- tantalum and lithium-niobium containing glass
scraps
[B2050] Coal-fired power plant fly-ash, not included on List A (note the
related entry on List A [A2060])
[B2060] Spent activated carbon resulting from the treatment of potable
water and processes of the food industry and vitamin production
(note the related entry on List A [A4160])
[B2070] Calcium fluoride sludge[B2080] Waste gypsum arising from chemical industry processes not
included on List A (note the related entry on List A [A2040])
[B2090] Waste anode butts from steel or aluminium production made of
petroleum coke or bitumen and cleaned to normal industry
specifications (excluding anode butts from chlor alkali electro-
lyses and from metallurgical industry)
[B2100] Waste hydrates of aluminium and waste alumina and residues
from alumina production excluding such materials used for gas
cleaning, flocculation or filtration processes
[B2110] Bauxite residue (‘red mud’) (pH moderated to less than 11,5)
[B2120] Waste acidic or basic solutions with a PH greater than 2 and less
than 11,5, which are not corrosive or otherwise hazardous (note
the related entry on List A [A4090])
[B3] Wastes containing principally organic constituents, which may contain
metals and inorganic materials
[B3010] Solid plastic waste:
The following plastic or mixed plastic materials, provided they
are not mixed with other wastes and are prepared to a
specification:
— Scrap plastic of non-halogenated polymers and co-polymers,
including but not limited to the following (
6):
— ethylene
— styrene
— polypropylene— polyethylene terephthalate— acrylonitrile— butadiene— polyacetals1993R0259 — EN — 10.11.1998 — 005.001 — 45
▼M5
— polyamides
— polybutylene terephthalate— polycarbonates— polyethers— polyphenylene sulphides— acrylic polymers— alkanes C10 - C13 (plasticiser)— polyurethane (not containing CFCs)
— polysiloxanes
— polymethyl methacrylate— polyvinyl alcohol— polyvinyl butyral— polyvinyl acetate
— Cured waste resins or condensation products including the
following:
— ureaforma ldehyde resins
— phenol formaldehyde resins— melamine formaldehyde resins
— expoxy resins
— alkyd resins— polyamides
— The following fluorinated polymer wastes (
7):
— Perfluoroethylene/propylene (FEP)
— Perfluoroalkoxy alkane (PFA)— Perfluoroalkoxy alkane (MFA)— Polyvinylfluoride (PVF)— Polyvinylidenefluoride (PVDF)
[B3020] Paper, paperboard and paper product wastesThe following
materials, provided they are not mixed with hazardous wastes:
Waste and scrap of paper or paperboard of:
— unbleached paper or paperboard or of corrugated paper or
paperboard
— other paper or paperboard, made mainly of bleached
chemical pulp, not coloured in the mass
— paper or paperboard made mainly of mechanical pulp (for
example, newspapers, journals and similar printed matter)
— other, including but not limited to 1. laminated paperboard;
2. unsorted scrap
[B3030] Textile wastes
The following materials, provided they are not mixed with other
wastes and are prepared to a specification:
— Silk waste (including cocoons unsuitable for reeling, yarn
waste and garnetted stock):
— not carded or combed
— other
— Waste of wool or of fine or coarse animal hair, including
yarn waste but excluding garnetted stock:
— noils of wool or of fine animal hair
— other waste of wool or of fine animal hair
— waste of coarse animal hair
— Cotton waste (including yarn waste and garnetted stock):
— yarn waste (including thread waste)
— garnetted stock
— other
— Flax tow and waste— Tow and waste (including yarn waste and garnetted stock) of
true hemp (Cannabissativa L.)
— Tow and waste (including yarn waste and garnetted stock) of
jute and other textile bast fibres (excluding flax, true hemp
and ramie)
— Tow and waste (including yarn waste and garnetted stock) of
sisal and other textile fibres of the genus Agave1993R0259 — EN — 10.11.1998 — 005.001 — 46
▼M5
— Tow, noils and waste (including yarn waste and garnetted
stock) of coconut
— Tow, noils and waste (including yarn waste and garnetted
stock) of abaca (Manila hemp or Musatextilis Nee)
— Tow, noils and waste (including yarn waste and garnetted
stock) of ramie and other vegetable textile fibres, not
elsewhere specified or included
— Waste (including noils, yarn waste and garnetted stock) of
man-made fibres:
— of synthetic fibres
— of artificial fibres
— Worn clothing and other worn textile articles— Used rags, scrap twine, cordage, rope and cables and worn
out articles of twine, cordage, rope or cables of textile:
— sorted
— other
[B3040] Rubber wastes
The following materials, provided they are not mixed with other
wastes:
— Waste and scrap of hard rubber (e.g. ebonite)
— Other rubber wastes (excluding such wastes specified
elsewhere)
[B3050] Untreated cork and wood waste:
— Wood waste and scrap, whether or not agglomerated in logs,
briquettes, pellets or similar forms
— Cork waste: crushed, granulated or ground cork
[B3060] Wastes arising from agro-food industries provided it is not
infectious:
— Wine lees
— Dried and sterilised vegetable waste, residues and by-
products, whether or not in the form of pellets, or akind
used in animal feeding, not elsewhere specified or included
— Degras: residues resulting from the treatment of fatty
substances or animal or vegetable waxes
— Waste of bones and horn-cores, unworked, defatted, simply
prepared (but not cut to shape), treated with acid or
degelatinised
— Fish waste— Cocoa shells, husks, skins and other cocoa waste— Other wastes from the agro-food industry excluding by-
products which meet national and international requirements
and standards for human or animal consumption
[B3070] The following wastes:
— Waste of human hair
— Waste straw— Deactivated fungus mycelium from penicillin production to
be used as animal feed
[B3080] Waste parings and scrap of rubber[B3090] Paring and other wastes of leather or of composition leather not
suitable for the manufacture of leather articles, excluding leather
sludges, not containing hexavalent chromium compounds and
biocides (note the related entry on List A [A 3100])
[B3100] Leather dust, ash, sludges or flours not containing hexavalent
chromium compounds or biocides (note the related entry on List
A [A3090])
[B3110] Fellmongery wastes not containing hexavalent chromium
compounds or biocides or infectious substances (note the related
entry on List A [A3110])
[B3120] Wastes consisting of food dyes[B3130] Waste polymer ethers and waste non-hazardous monomer ethers
incapable of forming peroxides
[B3140] Waste pneumatic tyres, excluding those destined for Annex IV.A1993R0259 — EN — 10.11.1998 — 005.001 — 47
▼M5
operations
[B4] Wastes which may contain either inorganic or organic constituents
[B4010] Wastes consisting mainly of water-based/latex paints, inks and
hardened varnishes not containing organic solvents, heavy
metals or biocides to an extent to render them hazardous (note
the related entry on List A [A4070])
[B4020] Wastes from production, formulation and use of resins, latex,
plasticisers, glues/adhesives, not listed on List A, free of solvents
and other contaminants to an extent that they do not exhibit
Annex III characteristics, e.g. water based, or glues based on
casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note
the related entry on List A [A3050])
[B4030] Used single use cameras, with batteries not included on List A
(1) Note that even where low level contamination with Annex I materials initially exists,
subsequent processes, including recycling processes, may result in separated fractions
containing significantly enhanced concentrations of those Annex I materials.
(2) The status of zinc ash is currently under review and there is a recommendation with
United Nations Conference on Trade and Development (UNCTAD) that zinc ashesshould not be dangerous goods.
(
3) This entry does not include scrap from electrical power generation.
(4) Re-use can include repair, refurbishment or upgrading, but not major reassembly.
(5) In some countries these materials destined for direct re-use are not considered wastes.
(6) It is understood that such scraps are completely polymerized.
(7) — Post-consumer wastes are excluded from this entry.
— Wastes shall not be mixed.
— Problems arising from open-burning practices to be considered.1993R0259 — EN — 10.11.1998 — 005.001 — 48
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PART 2
Wastes listed in Decision 94/904/EC establishing a list of hazardous waste
pursuanttoArticle 1(4)ofDirective 91/689/EEConhazardouswaste
020000 WASTE FROM AGRICULTURAL, HORTICULTURAL,
HUNTING, FISHING AND AQUACULTURE PRIMARY
PRODUCTION, FOOD PREPARATION AND PROCESSING
020100 Primary production waste
020105 Agrochemical wastes
030000 WASTES FROM WOOD PROCESSING AND THE PRODUC-
TION OF PAPER, CARDBOARD, PULP, PANELS AND
FURNITURE
030200 Wood preservation waste
030201 Non-halogenated organic wood preservatives
030202 Organochlorinated wood preservatives
030203 Organometallic wood preservatives030204 Inorganic wood preservatives
040000 WASTES FROM THE LEATHER AND TEXTILE INDUS-
TRIES
040100 Wastes from the leather industry
040103 Degreasing wastes containing solvents without a liquid phase
040200 Wastes from the textile industry
040211 Halogenated wastes from dressing and finishing
050000 WASTES FROM PETROLEUM REFINING, NATURAL GAS
PURIFICATION AND PYROLYTIC TREATMENT OF COAL
050100 Oily sludges and solid wastes
050103 Tank bottom sludges050104 Acid alkyl sludges
050105 Oil spills
050107 Acid tars050108 Other tars050400 Spent filter clays
050401 Spent filter clays
050600 Waste from the pyrolytic treatment of coal
050601 Acid tars
050603 Other tars
050700 Wastes from natural gas purification
050701 Sludges containing mercury
050800 Wastes from oil regeneration
050801 Spent filter clays050802 Acid tars
050803 Other tars
050804 Aqueous liquid waste from oil regeneration060000 WASTES FROM INORGANIC CHEMICAL PROCESSES
060100 Waste acidic solutions
060101 Sulphuric acid and sulphurous acid060102 Hydrochloric acid
060103 Hydrofluoric acid
060104 Phosphoric and phosphorous acid1993R0259 — EN — 10.11.1998 — 005.001 — 49
▼M5
060105 Nitric acid and nitrous acid
060199 Waste not otherwise specified060200 Waste alkaline solutions
060201 Calcium hydroxide
060202 Soda
060203 Ammonia
060299 Wastes not otherwise specified060300 Waste salts and their solutions
060311 Salts and solutions containing cyanides
060400 Metal-containing wastes
060402 Metallic salts (except 060300)
060403 Wastes containing arsenic
060404 Wastes containing mercury
060405 Wastes containing other heavy metals
060700 Wastes from halogen chemical processes
060701 Wastes containing asbestos from electrolysis
060702 Activated carbon from chlorine production
061300 Wastes from other inorganic chemical processes
061301 Inorganic pesticides, biocides and wood preserving agents
061302 Spent activated carbon (except 060702)
070000 WASTES FROM ORGANIC CHEMICAL PROCESSES070100 Waste from the manufacture, formulation, supply and use
(MFSU)of basic organic chemicals
070101 Aqueous washing liquids and mother liquors
070103 Organic halogenated solvents, washing liquids and mother
liquors
070104 Other organic solvents, washing liquids and mother liquors
070107 Halogenated still bottoms and reaction residues070108 Other still bottoms and reaction residues
070109 Halogenated filter cakes, spent absorbents
070110 Other filter cakes, spent absorbents070200 Waste from the MFSU of plastics, synthetic rubber and man-
made fibres
070201 Aqueous washing liquids and mother liquors
070203 Organic halogenated solvents, washing liquids and mother
liquors
070204 Other organic solvents, washing liquids and mother liquors
070207 Halogenated still bottoms and reaction residues070208 Other still bottoms and reaction residues
070209 Halogenated filter cakes, spent absorbents
070210 Other filter cakes, spent absorbents070300 Waste from the MFSU of organic dyes and pigments
(excluding 061100)
070301 Aqueous washing liquids and mother liquors
070303 Organic halogenated solvents, washing liquids and mother
liquors
070304 Other organic solvents, washing liquids and mother liquors
070307 Halogenated still bottoms and reaction residues1993R0259 — EN — 10.11.1998 — 005.001 — 50
▼M5
070308 Other still bottoms and reaction residues
070309 Halogenated filter cakes, spent absorbents070310 Other filter cakes, spent absorbents
070400 Waste from the MFSU of organic pesticides (except 020105)
070401 Aqueous washing liquids and mother liquors070403 Organic halogenated solvents, washing liquids and mother
liquors
070404 Other organic solvents, washing liquids and mother liquors
070407 Halogenated still bottoms and reaction residues070408 Other still bottoms and reaction residues070409 Halogenated filter cakes, spent absorbents070410 Other filter cakes, spent absorbents
070500 Waste from the MFSU of pharmaceuticals
070501 Aqueous washing liquids and mother liquors070503 Organic halogenated solvents, washing liquids and mother
liquors
070504 Other organic solvents, washing liquids and mother liquors070507 Halogenated still bottoms and reaction residues070508 Other still bottoms and reaction residues070509 Halogenated filter cakes, spent absorbents
070510 Other filter cakes, spent absorbents
070600 Waste from the MFSU of fats, grease, soaps, detergents,
disinfectants and cosmetics
070601 Aqueous washing liquids and mother liquors
070603 Organic halogenated solvents, washing liquids and mother
liquors
070604 Other organic solvents, washing liquids and mother liquors
070607 Halogenated still bottoms and reaction residues
070608 Other still bottoms and reaction residues070609 Halogenated filter cakes, spent absorbents070610 Other filter cakes, spent absorbents
070700 Waste from the MFSU of fine chemicals and chemical
products not otherwise specified
070701 Aqueous washing liquids and mother liquors070703 Organic halogenated solvents, washing liquids and mother
liquors
070704 Other organic solvents, washing liquids and mother liquors070707 Halogenated still bottoms and reaction residues
070708 Other still bottoms and reaction residues
070709 Halogenated filter cakes, spent absorbents070710 Other filter cakes, spent absorbents080000 WASTES FROM THE MANUFACTURE, FORMULATION,
SUPPLY AND USE (MFSU) OF COATINGS (PAINTS,
VARNISHES AND VITREOUS ENAMELS), ADHESIVE,
SEALANTS AND PRINTING INKS
080100 Wastes from MFSU of paint and varnish
080101 Waste paints and varnish containing halogenated solvents080102 Waste paints and varnish free of halogenated solvents
080106 Sludges from paint or varnish removal containing halogenated
solvents1993R0259 — EN — 10.11.1998 — 005.001 — 51
▼M5
080107 Sludges from paint or varnish removal free of halogenated
solvents
080300 Waste from MFSU of printing inks
080301 Waste ink containing halogenated solvents080302 Waste ink free of halogenated solvents080305 Ink sludges containing halogenated solvents080306 Ink sludges free of halogenated solvents080400 Wastes from MFSU of adhesives and sealants (including
waterproofing products)
080401 Waste adhesives and sealants containing halogented solvents080402 Waste adhesives and sealants free of halogenated solvents080405 Adhesives and sealants sludges containing halogenated solvents080406 Adhesives and sealants sludges free of halogenated solvents090000 WASTES FROM THE PHOTOGRAPHIC INDUSTRY
090100 Wastes from the photographic industry
090101 Water based developer and activator solutions090102 Water based offset plate developer solutions090103 Solvent based developer solutions090104 Fixer solutions090105 Bleach solutions and bleach fixer solutions090106 Waste containing silver from on-site treatment of photographic
waste
100000 INORGANIC WASTES FROM THERMAL PROCESSES100100 Wastes from power station and other combustion plants
(except 190000)
100104 Oil fly ash
100109 Sulphuric acid
100300 Wastes from aluminium thermal metallurgy
100301 Tars and other carbon-containing wastes from anode manufac-
ture
100303 Skimmings100304 Primary smelting slags/white drosses
100307 Spent pot lining
100308 Salt slags from secondary smelting100309 Black drosses from secondary smelting100310 Waste from treatment of salt slags and black drosses treatment100400 Wastes from lead thermal metallurgy
100401 Slags (first and second smelting)100402 Dross and skimmings (first and second smelting)100403 Calcium arsenate100404 Flue gas dust100405 Other particulates and dust100406 Solid waste from gas treatment
100407 Sludges from gas treatment
100500 Wastes from zinc thermal metallurgy
100501 Slags (first and second smelting)100502 Dross and skimmings (first and second smelting)100503 Flue gas dust1993R0259 — EN — 10.11.1998 — 005.001 — 52
▼M5
100505 Solid waste from gas treatment
100506 Sludges from gas treatment100600 Wastes from copper thermal metallurgy
100603 Flue gas dust
100605 Waste from electrolytic refining100606 Solid waste from gas treatment100607 Sludges from gas treatment110000 INORGANIC WASTE WITH METALS FROM METAL
TREATMENT AND THE COATING OF METALS; NON-
FERROUS HYDRO-METALLURGY
110100 Liquid wastes and sludges from metal treatment and coating
of metals (e.g. galvanic processes, zinc coating processes,
pickling processes, etching, phosphatising, alkaline
degreasing)
110101 Cyanidic (alkaline) wastes containing heavy metals other than
chromium
110102 Cyanidic (alkaline) wastes which do not contain heavy metals110103 Cyanide-free wastes containing chromium110105 Acidic pickling solutions
110106 Acids not otherwise specified
110107 Alkalis not otherwise specified110108 Phosphatising sludges110200 Wastes and sludges from non-ferrous hydrometallurgical
processes
110202 Sludges from zinc hydrometallurgy (including jarosite, goethite)110300 Sludges and solids from tempering processes
110301 Wastes containing cyanide
110302 Other wastes
120000 WASTES FROM SHAPING AND SURFACE TREATMENT
OF METALS AND PLASTICS
120100 Wastes from shaping (including forging, welding, pressing,
drawing, turning, cutting and filing)
120106 Waste machining oils containing halogens (not emulsioned)120107 Waste machining oils free of halogens (not emulsioned)
120108 Waste machining emulsions containing halogens
120109 Waste machining emulsions free of halogens120110 Synthetic machining oils120111 Machining sludges120112 Spent waxes and fats
120300 Wastes from water and steam degreasing processes (except
110000)
120301 Aqueous washing liquids
120302 Steam degreasing wastes
130000 OIL WASTES (except edible oils, 050000 and 120000)130100 Waste hydraulic oils and brake fluids
130101 Hydraulic oils, containing PCBs or PCTs130102 Other chlorinated hydraulic oils (not emulsions)
130103 Non-chlorinated hydraulic oils (not emulsions)
130104 Chlorinated emulsions130105 Non-chlorinated emulsions1993R0259 — EN — 10.11.1998 — 005.001 — 53
▼M5
130106 Hydraulic oils containing only mineral oil
130107 Other hydraulic oils
130108 Brake fluids130200 Waste engine, gear and lubricating oils
130201 Chlorinated engine, gear and lubricating oils130202 Non-chlorinated engine, gear and lubricating oils130203 Other machine, gear and lubricating oils130300 Waste insulating and heat transmission oils and other liquids
130301 Insulating or heat transmission oils and other liquids containing
PCBs or PCTs
130302 Other chlorinated insulating and heat transmission oils and other
liquids
130303 Non-chlorinated insulating and heat transmission oils and other
liquids
130304 Synthetic insulating and heat transmission oils and other liquids130305 Mineral insulating and heat transmission oils130400 Bilge oils
130401 Bilge oils from inland navigation130402 Bilge oils from jetty sewers130403 Bilge oils from other navigation
130500 Oil/water separator contents
130501 Oil/water separator solids130502 Oil/water separator sludges130503 Interceptor sludges130504 Desalter sludges or emulsions130505 Other emulsions130600 Oil waste not otherwise specified
130601 Oil waste not otherwise specified140000 WASTES FROM ORGANIC SUBSTANCES EMPLOYED AS
SOLVENTS (except 070000 and 080000)
140100 Wastes from metal degreasing and machinery maintenance
140101 Chlorofluorocarbons140102 Other halogenated solvents and solvent mixes140103 Other solvents and solvent mixes140104 Aqueous solvent mixes containing halogens140105 Aqueous solvent mixes free of halogens140106 Sludges or solid wastes containing halogenated solvents
140107 Sludges or solid wastes free of halogenated solvents
140200 Wastes from textile cleaning and degreasing of natural
products
140201 Halogenated solvents and solvent mixes140202 Solvent mixes or organic liquids free of halogenated solvents140203 Sludges or solid wastes containing halogenated solvents
140204 Sludges or solid wastes containing other solvents
140300 Wastes from the electronic industry
140301 Chlorofluorocarbons140302 Other halogenated solvents140303 Solvents and solvent mixes free of halogenated solvents1993R0259 — EN — 10.11.1998 — 005.001 — 54
▼M5
140304 Sludges or solid wastes containing halogenated solvents
140305 Sludges or solid wastes containing other solvents140400 Wastes from coolants, foam/aerosol propellents
140401 Chlorofluorocarbons
140402 Other halogenated solvents and solvent mixes140403 Other solvents and solvent mixes140404 Sludges or solid wastes containing halogenated solvents140405 Sludges or solid wastes containing other solvents
140500 Wastes from solvent and coolant recovery (still bottoms)
140501 Chlorofluorocarbons140502 Halogenated solvents and solvent mixes140503 Other solvents and solvent mixes140504 Sludges containing halogenated solvents
140505 Sludges containing other solvents
160000 WASTE NOT OTHERWISE SPECIFIED IN THE CATA-
LOGUE
160200 Discarded equipment and shredder residues
160201 Transformers and capacitors containing PCB or PCTs160400 Waste explosives
160401 Waste ammunition160402 Fireworks waste
160403 Other waste explosives
160600 Batteries and accumulators
160601 Lead batteries160602 Ni-Cd batteries160603 Mercury dry cells
160606 Electrolyte from batteries and accumulators
160700 Waste from transport and storage tank cleaning (except
050000 and 120000)
160701 Waste from marine transport tank cleaning, containing chemicals
160702 Waste from marine transport tank cleaning, containing oil160703 Waste from railway and road transport tank cleaning containing
oil
160704 Waste from railway and road transport tank cleaning containing
chemicals
160705 Waste from storage tank cleaning, containing chemicals
160706 Waste from storage tank cleaning, containing oil
170000 CONSTRUCTION AND DEMOLITION WASTE
(INCLUDING ROAD CONSTRUCTION)
170600 Insulation materials
170601 Insulation materials containing asbestos180000 WASTES FROM HUMAN OR ANIMAL HEALTH CARE
AND/OR RELATED RESEARCH (excluding kitchen and
restaurant wastes which do not arise from immediate health care)
180100 Waste from natal care, diagnosis, treatment or prevention of
disease in humans
180103 Other wastes whose collection and disposal is subject to special
requirements in view of the prevention of infection
180200 Waste from research, diagnosis, treatment or prevention of
disease involving animals1993R0259 — EN — 10.11.1998 — 005.001 — 55
▼M5
180202 Other wastes whose collection and disposal is subject to special
requirements in view of the prevention of infection
180204 Discarded chemicals190000 WASTES FROM WASTE TREATMENT FACILITIES, OFF-
SITE WASTE WATER TREATMENT PLANTS AND THE
WATER INDUSTRY
190100 Wastes from incineration or pyrolysis of municipal and
similar commercial, industrial and institutional wastes
190103 Fly ash
190104 Boiler dust
190105 Filter cake from gas treatment190106 Aqueous liquid waste from gas treatment and other aqueous
liquid wastes
190107 Solid waste from gas treatment190110 Spent activiated carbon from flue-gas treatment
190200 Wastes from specific physico/chemical treatments of indus-
trial wastes (e.g. dechromatation, decyanidation,
neutralisation)
190201 Metal hydroxide sludges and other sludges from metal
insolubilisation treatment
190400 Vitrified wastes and wastes from vitrification
190402 Fly ash and other flue-gas treatment wastes
190403 Non-vitrified solid phase
190800 Wastes from waste water treatment plants not otherwise
specified
190803 Grease and oil mixture from oil/waste water separation
190806 Saturated or spent ion exchange resins190807 Solutions and sludges from regeneration of ion exchangers
200000 MUNICIPAL WASTES AND SIMILAR COMMERCIAL,
INDUSTRIAL AND INSTITUTIONAL WASTES
INCLUDING SEPARATELY COLLECTED FRACTIONS
200100 Separately collected fractions
200112 Paint, inks, adhesives and resins
200113 Solvents
200117 Photo chemicals200119 Pesticides
200121 Fluorescent tubes and other mercury containing waste1993R0259 — EN — 10.11.1998 — 005.001 — 56
▼M5
PART 3
Waste from Annexes III and IV to Regulation (EEC) No 259/93. The wastes
numbered AB130,AC020,AC250,AC260,AC270 and AD160 have been
deleted sincethey havebeenconsidered,inaccordancewiththeprocedurelaid
down in Article 18 of Directive 75/442/EEC, to be clearly non-hazardous and
therefore shallnotbesubjecttotheexportban.
AMBER LIST OF WASTES (*)
AA.METAL BEARING WASTES
AA010 ex 2619 00 Dross, scalings and other wastes from the
manufacture 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 (**)
AA070 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
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
accumulators, not otherwise specified or included
AA190 8104 20 Magnesium waste and scrap that is flammable,
pyrophoric or emits, upon contact with water,
flammable gases in dangerous quantities.
AB.WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITU-
ENTS, WHICH MAY CONTAIN METALS AND ORGANIC
MATERIALS
AB010 2621 00 Slag, ash and residues (**), not elsewhere speci-
fied or included
AB020 Residues arising from the combustion of muni-
cipal/household wastes
AB030 Wastes from non-cyanide based systems which
arise from surface treatment of metals
AB040 ex 7001 00 Glass waste from cathode-ray tubes and other
activated glasses
AB050 ex 2529 21 Calcium fluoride sludge
AB060 Other inorganic fluorine compounds in the form
of liquids or sludges1993R0259 — EN — 10.11.1998 — 005.001 — 57
▼M5
AB070 Sands used in foundry operations
AB080 Waste catalysts not on the green list
AB090 Waste hydrates of aluminium
AB100 Waste alumina
AB110 Basic solutions
AB120 Inorganic halide compounds, not elsewhere speci-
fied or included
AB140 Gypsum arising from chemical industry processes
AB150 Unrefined calcium sulphite and calcium sulphate
from flue-gas desulphurization (FGD)
AC.WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS,
WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS
AC010 ex 2713 90 Waste from the production/processing of petro-
leum coke and bitumen, excluding anode butts
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
AC090 Waste from production, formulation and use of
resins, latex, plasticizers, glues and adhesives
AC100 ex 3915 90 Nitrocellulose
AC110 Phenols, phenol compounds including chloro-
phenol 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 chloro-
methanes, dichloro-ethane, vinyl chloride,
vinylidene chloride, allyl chloride and epichlor-
hydrin)
AD.WASTES WHICH MAY 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 chemicals1993R0259 — EN — 10.11.1998 — 005.001 — 58
▼M5
AD040 Wastes that contain, consist of or are contami-
nated with any of the following:
— Inorganic cyanides, excepting precious metal-
bearing residues in solid form containing
traces of inorganic cyanides
AD050 — Organic cyanides
AD060 Waste oils/water, hydrocarbons/water mixtures,
emulsions
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
AD090 Wastes from production, formulation and use of
reprographic and photographic chemicals and
materials 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
specified or included
AD150 Naturally occurring organic material used as a
filter medium (such as bio-filters)
AD170 ex 2803 Spent activated carbon having hazardous char-
acteristics and resulting from its use in the
inorganic chemical, organic chemical and phar-
maceutical industries, waste water treatment, gas/
air cleaning processes and similar applications.
(*) Wherever possible, the code number of the Harmonized Commodity Description and
Coding System, established by the Brussels Convention on 14 June 1983 under theauspices of the Customs Cooperation Council (Harmonized System) is listed oppositean entry. 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 helpin identifying wastes that are listed and subject to this Regulation. However,corresponding official Explanatory Notes as issued by the Customs CooperationCouncil 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 the
Harmonized System code.
The code in bold in the first column is the OECD code: it consists of two letters (one
for the list: Amber or Red, and one for the category of waste: A,B,C, . . .) followed by
anumber.
(**) 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.
RED LIST OF WASTE
RA.WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS,
WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS
RA010 Waste 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 a concentration level of 50 mg/kg or
more
RA020 Waste tarry residues (excluding asphalt cements) arising from
refining, distillation and any pyrolitic treatment
RB.WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITU-
ENTS, WHICH MAY CONTAIN METALS AND ORGANIC
MATERIALS
RB010 Asbestos (dusts and fibres)
RB020 Ceramic-based fibres of physico-chemical characteristics similar
to those of asbestos1993R0259 — EN — 10.11.1998 — 005.001 — 59
▼M5
RC.WASTES WHICH MAY 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 peroxide1993R0259 — EN — 10.11.1998 — 005.001 — 60