COMMISSION REGULATION (EU) 2022/520

of 31 March 2022

amending Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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), third sentence.

Whereas:

(1) The Annex to Commission Regulation (EC) No 1418/2007 (2) was amended by Regulation (EU) 2021/1840 (3).

(2) Pursuant to Article 37(1) and (2) of Regulation (EC) No 1013/2006, when that Annex was amended by Regulation (EU) 2021/1840, the Commission took into account the respective replies received from India and Moldova to its written request. India subsequently stated in writing that the information provided in its reply regarding the sub-entry B3020 did not reflect the existing legislation and procedures, which did not prohibit imports of those wastes. Therefore, India requested that the procedure for sub-entry B3020 should be changed from option (a) to option (d).

(3) Moldova subsequently stated in writing that the information in its reply regarding sub-sections of several entries did not reflect the existing legislation and procedures, which did not prohibit imports of those sub-categories of wastes. Therefore, Moldova requested that the procedure for specified sub-categories of waste codes B1010, B1200, B2020, B2110, B3011, B3020, B3030 and B3060 should be moved from option (a) to option (d).

(4) At the time of the amendment, Chile was incorrectly listed in Regulation (EC) No 1418/2007 as belonging to those countries to which the OECD Decision on the control of transboundary movements of wastes destined for recovery operations does not apply. On 10 April 2018, the OECD Council approved the Opinion of the Environment Policy Committee regarding the compliance by Chile with this OECD Decision. Consequently, Article 37(2) of Regulation (EC) No 1013/2006 is no longer applicable to Chile and the table for Chile should be deleted from the Annex to Regulation (EC) No 1418/2007.

(5) At the time of the amendment, waste codes B3010 and GH013 were listed in the table for Algeria. When Regulation (EC) No 1418/2007 was amended by Regulation (EU) 2021/1840 waste code GC040 was listed in the table for Thailand. These codes are no longer in use and should therefore be deleted from the Annex to Regulation (EC) No 1418/2007.

(6) The punctuation in the tables for Chinese Taipei and Liberia is inconsistent. In the table for Chinese Taipei, column (b) ‘B1030 – B1031’ should read ‘B1030; B1031’, to be in accordance with the rules on reading the Annex. In the table for Liberia, column (a) ’– B1010 – B1250’ should read ‘B1010 – B1250’, to be consistent with the rule for reading column (b).

(7) In order to rectify these mistakes and considering the impact on economic operators, the Annex to Regulation (EC) No 1418/2007 should be amended accordingly.

(8) Considering the urgent need to resume shipments of the waste concerned to India and Moldova, this Regulation should enter into force on the day following that of its publication,

HAS ADOPTED THIS REGULATION:

Article 1 The Annex to Regulation (EC) No 1418/2007 is amended in accordance with the Annex to this Regulation.

Article 2 This Regulation shall enter into force on the 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, 31 March 2022. For the Commission The President Ursula VON DER LEYEN

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

(2) Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 316, 4.12.2007, p. 6).

(3) Commission Regulation (EU) 2021/1840 of 20 October 2021 amending Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation (EC) No 1013/2006 of the European Parliament and of the Council to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ L 373, 21.10.2021, p. 1).