EN Official Journal of the European Union L 179/6

COMMISSION REGULATION (EC) No 801/2007

of 6 July 2007

concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

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

After consultation of the countries concerned,

Whereas:

(1) In accordance with Article 37(1) of Regulation (EC) No 1013/2006 the Commission has sent a written request to each country to which Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on control of transboundary movements of wastes destined for recovery operations does not apply, seeking confirmation in writing that waste which is listed in Annex III or IIIA to that Regulation and the export of which is not prohibited under its Article 36 may be exported from the Community for recovery in that country and requesting an indication as to which control procedure, if any, would be followed in the country of destination.

(2) In those requests, each country was asked to indicate if it had opted for a prohibition or a procedure of prior written notification and consent, or if it would exercise no control, in respect of such waste.

(3) The Commission has received replies to its written requests from Algeria, Andorra, Argentina, Botswana, Belarus, Chile, China, China (Hong Kong), Costa Rica, Guyana, India, Liechtenstein, Moldova, Oman, Peru, Philippines, Russian Federation, Sri Lanka, Taiwan, Thailand, Vietnam.

(4) Certain countries have not issued a confirmation in writing that the waste may be exported to them from the Community for recovery. Therefore, in accordance with the second subparagraph of Article 37(2) of Regulation (EC) No 1013/2006, those countries are to be regarded as having chosen a procedure of prior written consent.

(5) The provisions of this Regulation should replace the provisions of Commission Regulation (EC) No 1547/1999 of 12 July 1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decision C(92)39 final does not apply (2). Regulation (EC) No 1547/1999 should therefore be repealed,

HAS ADOPTED THIS REGULATION:

Article 1

Export for recovery of waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006, and the export of which is not prohibited under its Article 36, to certain countries to which the OECD Decision does not apply shall be governed by procedures which reflect the choices made by those countries between

(a) a prohibition,

(b) a procedure of prior written notification and consent, or

(c) no control in the country of destination,

as set out in the Annex.

Article 2

Commission Regulation (EC) No 1547/1999 is repealed.

Article 3

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

This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 6 July 2007. For the Commission Peter MANDELSON Member of the Commission

(1) OJ L 190, 12.7.2006, p. 1.

(2) OJ L 185, 17.7.1999, p. 1. Regulation as last amended by Commission Regulation (EC) No 1792/2006 (OJ L 362, 20.12.2006, p. 1).