•it <r COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 26.01.1998 
COM(97) 685 final 
95/0029 (ACC) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
establishing common rules and procedures to apply to shipments 
to certain non-OECD countries of certain types of waste ' 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
Background 
1. Council Regulation (EEC) No 259/93 of 1 February 1993 sets out asystem of 
supervision and control to apply to shipments of waste within, into and out of the EC. 
The Regulation took effect on 6 May 1994. 
2. The Regulation implements into EC law two international legal instruments 
with which the Community has associated itself: the Basel Convention of 22 March 
1989 on the control of transboundary movements of hazardous wastes and their 
disposal; and the OECD Council decision of 30 March 1992 concerning the control of 
transfrontier movements of wastes destined for recovery operations. 
3. Regulation (EEC) No 259/93 makes a distinction between waste which is 
destined: 
* for final "disposal" (e.g. landfill, incineration etc.) and 
* for "recovery" (e.g. recycling, use as a means to generate energy 
etc.) 
4. With regard to waste which is destined for recovery, the Regulation 
makes further distinction between: 
* so-called "green" list waste, listed in Annex II to the Regulation; 
* so-called "amber" list waste,.listed in Annex III; 
* so-called "red" list waste, liste in Annex IV; and 
* "unlisted" waste, i.e. waste which has not (yet) been assigned to 
any list. 
5. This communication concerns solely shipments of "green" list waste destined 
for recovery from the EC to third countries. 
6. Shipments of "green" list waste for recovery are generally excluded from the 
scope of the Regulation. This exclusion is based on the OECD Council Decision 
referred to above. The OECD considers that such shipments should not normally 
present a risk to the environment if recovered properly in the country of destination. 
7. However, the EC did not wish to impose this point of view on third countries. 
Therefore, Article 17 of the Regulation provides that the Commission communicate 
with all non-OECD countries notifying them of the "green" list and asking them 
whether they would accept shipments of such waste for recovery without recourse to 
one of the control procedures set out in the Regulation, or that they indicate which of 
these control procedures they require or wish to be applied. 
8. Where a country clearly indicates that it requires or wishes one of the control 
procedures which are provided for in the Regulation to apply to some or all types of 
"green" list waste, Article 17(3) provides that the Commission determines which 
control procedure should apply in consultation with the country in question and after 
having notified the Committee established by Article 18 of Council Directive (EEC) 
No 75/442. One such Decision was adopted by the Commission on 20 July 1994 
(Commission Decision 94/575/EC, OJ No L 220, 25.8.94, p. 15). 
9. However, a number of countries have either not responded at all to the 
missives sent out by the Commission (including at least two reminder notes), or have 
indicated that they do not wish to receive some or all types of "green" list waste for 
recovery. This is not provided for in Article 17(1) first paragraph. In these cases, the 
second paragraph of Article 17(1) requires that "the Commission shall make 
appropriate proposals to the Council". These are contained in the attached proposal 
for a Council Regulation. 
Content of the proposal 
10. Legal base. The present proposal concerns solely trade with third countries-
therefore Article 113 is the appropriate legal base. 
11. Countries which do not wish to receive shipments. A number of countries 
have indicated they they do not wish to receive some or all types of "green" list waste. 
The Commission has decided after consultation with the European Parliament to 
respect the wishes of these countries and not to allow exports of "green" list waste for 
recovery. 
12. Countries which have not responded. The general principle established in 
Regulation (EEC) No 259/93 with regard to exports of "green" list waste for recovery 
is that of normal commercial transactions unless the country of destination wishes or 
requires otherwise. It would therefore follow that countries which have not responded 
to the Commission's notes on the subject should continue to be treated in the light of 
this general principle, with the addition of a system of prior automatic export licensing 
which would allow the EC to monitor the level of such exports to these countries. 
Consequently, it is suggested that the so-called "red" list procedure will be applied to 
those countries which have not responded. 
13. ACP countries. Shipments to ACP countries of those types of waste listed in 
Annexes I and II of the Basel Convention are prohibited under Article 39 of the 
Fourth ACP-EC Convention. A very limited number of materials included in the 
"green" list may be covered by this prohibition. The proposed draft Regulation 
excludes any such materials from the scope of the Regulation. 
14. Review. The Commission proposes that the systems of control established by 
the proposed draft regulation be subject to a review, reflecting the dynamic nature of 
waste policy issues in general. A similar review is already provided for in Regulation 
(EEC) No 259/93 with regard to exports of hazardous waste to non-Parties of the 
basel Convention. A review of the operation of the current proposal could be carried 
out in parallel. 
15. Simplified amendment procedure. The proposal provides for a simplified 
amendment procedure which would allow the Commission to decide in consultation 
with the relevant Committee to change the control procedure applying to one or more 
of the countries covered by the scope of the proposal. This will cover cases where a 
response is received after the entry into force of the Council Regulation from a 
country which ahs not previously responded, or where a country which has indicated a 
particular position alters that position. It would also allow the EC-where this is 
deemed appropriate- to take account of other factors, such as a third country treating 
shipments from the EC in a less favourable manner than shipments from other 
destinations. 
16. For these reasons, the Commission recommends that the Council adopts the 
proposed Regulation establishing common rules and procedures to apply to (a) those 
countries which do not wish to receive shipments of "green" list waste for recovery 
from the EC and (b) those countries which have not responded to the Commission's 
letters. 
Amended proposal for a 
COUNCIL REGULATION (EC) 
establishing common rules and procedures to apply to shipments 
to certain non-OECD countries of certain types of waste ' 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular 
Article 113 thereof, 
Having regard to the proposal from the Commission,1 
Whereas Article l(3)(a) of 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 2, as amended by Commission Decision 94/721/EC 3, excludes 
from the scope of application of that Regulation shipments of waste destined for 
recovery only and listed in Annex II thereto, except as provided in, inter alia , Article 
17(1), (2), and (3); 
Whereas in accordance with Article 17(1) of Regulation (EEC) No 259/93 the 
Commission has notified to every country to which the OECD Council Decision of 30 
March 1992 on the control of transfrontier movements of waste destined for recovery 
operations does not apply the list of waste set out in Annex II to regulation (EEC) No 
259/93, and has requested confirmation that such waste is not subject to control in the 
country of destination or has asked that such countries indicate whether such waste 
should be subject to the control procedures which apply to waste listed in Annex III or 
IV to the Regulation, or to the procedure laid down in Article 15 thereof; 
Whereas certain countries have indicated that such waste should be subject to one or 
other of those control procedures and the Commission on 20 July 1994, pursuant to 
the provisions of Article 17(3) of regulation (EEC) No 259/93, took Decision 
A 
94/575/EC to determine the appropriate control procedures; 
Whereas the second subparagraph of Article 17(1) of regulation (EEC) No 259/93 
provides that if such confirmation is not received, the Commission is to make 
approprite proposals to the Council; whereas it is therefore necessary to establish, on a 
Community-wide basis, a system to regulate trade in such waste from the Community 
by establishing the appropriate common rules and procedures relating to exports 
thereof; 
Whereas, in the case of countries which have replied that they do not wish to receive 
some or all types of waste listed in Annex II of regulation (EEC) No 259/93, their will 
2 OJ No L 30, 6.2.1993, p.l. 
3 OJ No L 288, 9.11.1994, p.36; 
4OJNoL220, 25.8.1994, p. 15 
has to be respected and therefore these types of waste cannot be exported to those 
countries: 
Whereas in the case of countries which have not replied, it is appropriate to adopt a 
framework in order to enable such countires to evaluate such shipments on a case-by-
case basis and whereas it is difficult to imply that silence is equal to consent; 
Whereas, in the the case of countries which have replied that they do not wish to 
receive some or all types of waste listed in Annex II or have not replied, the possibility 
exists that they will change their position, or will reply in the future, and a mechanism 
must., therefore, exist within a comitologv procedure, to change this regulation: 
Whereas Regulation (EC) 120/97 5 prohibits the export of waste for recycling 
purposes which is considered hazardous and whereas certain categories of waste from 
Annex II of Regulation (EEC) 259/93 are to be considered hazardous and have to be 
excluded from the scope of the present Regulation. 
Whereas the Commission will complete the Annex V of Regulation (EEC) 259/93 
with waste categories considered hazardous by the Basel Convention and the Union's 
hazardous waste list6 and will adapt Regulation (EC) 120/97 accordingly. 
Whereas with regard to shipments to ACP countries, Article 39 of the Fourth ACP-EC 
Convention prohibits exports of all waste listed in Annexes I and II of the Basel 
Convention; 
whereas, furthermore, certain items of waste may be found in Annex II of Regulation 
(EEC) 259/93; whereas, in these circumstances and in order to respect the 
Community's international obligations, it must be clear that such items are excluded 
from the scope of the Regulation; 
Whereas the arrangements covered by this Regulation should be subject to periodic 
review by the Commission; 
HAS ADOPTED THIS REGULATION: 
Article 1 
The export of waste listed in Annex II to Regulation (EEC) 259/93 and mentioned in 
Annex A. to countries listed in Annex A shall be prohibited. 
Article 2 
The control procedure applicable to waste listed in Annex IV to Regulation (EEC) 
259/93 shall apply to exports to the countries listed in Annex B with respect to waste 
destined for recovery only and listed in Annex II to Regulation (EEC) 259/93. 
5 OJ No L 22, 24.1.1997, p. 14 
6 OJ No L 377, 31.12.1991, p.20 
Article 3 
Shipments to ACP countries are permitted only as so far as they are not prohibited bv 
the Fourth ACP-EEC Convention. 
Article 4 
Upon request by the country of destination or where there is a change of 
circumstances, the control procedure applicable under this Regulation may be 
amended. The Commission may determine, after consultation with the country of 
destination, an in accordance with the procedure laid down in Article 18 of Council 
•7 
Directive 75/442/EEC , which of the procedures shall apply, that is normal 
commercial transactions with or without a system of prior automatic export licensing 
as provided for in Article 17(2) of Regulation (EEC) 259/93, or the procedure 
applicable to Annex III or IV of the same Regulation or the procedure laid down in 
Article 15 of Regulation (EEC) 259/93. 
Article 5 
The control procedures established by this Regulation shall be subject to periodic 
review by the Commission and for the first time no later than 31 December 1998, 
taking into account the experience gained. If the results of the review leads to the 
conclusion that this would be appropriate, the Commission may, without prejudice to 
the provisions of Article 4, make new proposals to the Council. 
The Commission, in accordance with the procedure laid down in Article 18 of 
Directive 75/442/EEC, shall as soon as possible and at the latest before 1 January 
1998, review and amend this Regulation, in order to bring it in line with Regulation 
259/93 as modified by Regulation 120/97, and in particular with Annex V of the 
former Regulation. 
Article 6 
This Regulation shall enter into force on the twentieth day following that of its 
publication in the Official Journal of the European Communities. 
This Regulation shall be binding in its entirety and directly applicable in all Member 
States. 
Done at Brussels, For the Council 
The President 
7 OJ No L 194. 25.7.1975. p.39 
ANNEX A 
Countries and territories which have indicated to the Commission that they do 
not wish to receive shipments for recovery of certain types of waste listed in 
Annex II (the "green" list) to Council regulation (EEC) No 259/93. The 
categories of waste listed in Annex II which are covered are also given. 
Shipments to these countries and territories of these categories of wastes should 
be prohibited. 
ANDORRA: 
BAHAMAS: 
BARBADOS: 
BELIZE: 
BENIN: 
BHUTAN: 
BOLIVIA: 
BOTSWANA: 
BURKINA FASO: 
CAPE VERDE: 
CHAD: 
CHILE: 
COLOMBIA: All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
1. In section GA ("Metal and metal-alloy wastes in metallic, non-dispersible form") 
a) the following waste and scrap of non-ferrous metals and their alloys: 
GA 120 7404 00 Copper waste and scrap 
GA 130 7503 00 Nickel waste and scrap 
G A 140 7602 00 Aluminium waste and scrap 
GA 150 7802 00 Lead waste and scrap 
G A 160 7902 00 Zinc waste and scrap 
GA170 8002 00 Tin waste and scrap 
GA180ex 810191 Tungsten waste and scrap 
G A 190 ex 8102 91 Molybdenum waste and scrap 
GA 200 ex 8103 10 Tantalum waste and scrap 
GA210ex 8104 20 Magnesium waste and scrap 
G A 220 ex 810510 Cobalt waste and scrap 
GA230ex 8106 00 Bismuth waste and scrap 
GA 240 ex 8107 10 Cadmium waste and scrap 
G A 250 ex 810810 Titanium waste and scrap 
GA260ex 810910 Zirconium waste and scrap 
GA 270 ex 8110 00 Antimony waste and scrap 
GA 280 ex 8111 00 Manganese waste and scrap 
G A 290 ex 8112 11 Beryllium waste and scrap 
GA 300 ex 8112 20 Chromium waste and scrap 
GA 310 ex 8112 30 Germanium waste and scrap 
GA 320 ex 8112 40 Vanadium waste and scrap 
ex 8112 91 Wastes and scrap of: 
GA 330 - Hafnium 
GA 340 - Indium 
GA 350 - Niobium 
GA 360 - Rhenium 
GA 370 - Gallium 
G A 400 ex 2844 30 Selenium waste and scrap 
GA 410 ex 2804 50 Tellurium waste and scrap 
G A 420 ex 2805 30 Rare earths waste and scrap 
2. In section GB ("Metal bearing wastes arising from melting, smelting and refining of 
metals"): 
GB 040 ex 2620 90 Slags from precious metals and copper 
processing for further refining 
3. In section GC ("Other wastes containing metals"): 
GC 070 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* 
*This entry covers the use of such slags as a source of titanium dioxide and vanadium 
4.1n section GD ("Waste from mining operations: these wastes to be in non-
dispersible form"): 
GD 040 ex 2529 30 Leucite, nepheline and nepheline syenite 
waste 
GD 050 ex 2529 21 Fluospar waste 
ex 2529 22 
5. In section GG ("Other wastes containing principally inorganic constituents, which 
may contain metals and organic materials"): 
GG030ex 2621 Bottom ash and scag tap from coal fired 
power plants 
GG 040 ex 2621 Coal fired power plants fly ash 
GG 060 ex 2803 Spent activated carbon, resulting from the 
treatment of potable water and processes of 
the food industry and vitamin production 
GG 080 ex 262100 Slag from copper production, chemically 
stabilized, 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 
GG 100 Limestone from the production of calcium 
cyanamide (having a pH less than 9) 
6. in section GH ("Solid plastic wastes"): 
GH013ex 3915 30 Waste, parings and scrap of plastics of 
polymers vinyl chloride 
GH 015 ex 3915 90 Waste parings and scrap of plastics of resins 
or condensation products e„g. 
- urea formaldehyde resins 
- phenol formaldehyde resins 
- melamine formaldehyde resins 
- epoxy resins 
- alkyd resins 
- polyamides 
7. In section GJ ("Textile wastes"): 
GJ 050 ex 5302 90 Tow and waste (including yarn waste and 
garnetted stock)of true hemp (Cannabis 
sativa L.) 
8. In section GK ("Rubber wastes"): 
GK020 4012 20 Used pneumatic tyres 
GK 030 ex 4017 00 Waste and scrap of hard rubber (e.g. ebonite) 
9. In section GO ("Other wastes containing principally organic constituents, which 
may contain metals and inorganic materials"): 
GO 040 Waste photographic film base and waste 
photographic film not containing silver 
GO 050 Single use cameras without batteries 
COMOROS: All types in Annex II 
COSTA RICA: 
DOMINICA: 
DJIBOUTI: 
EGYPT: 
FUI: 
GAMBIA: 
GHANA: 
GUYANA: 
KIRIBATI: 
KUWAIT: 
LEBANON: 
MALAWI: 
MALDIVES: 
MOLDOVA: 
MONGOLIA: 
MOZAMBIQUE: 
MYANMAR: 
NICARAGUA: 
NIGER: 
NIGERIA: 
PAKISTAN: Ail types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
AU types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II 
1. In section GK ("Rubber wastes"): 
GK020 401220 Used pneumatic tyres 
2. In section GM ("Waste arising from agro-food industries"): 
10 
GM 070 ex 2307 Wine lees 
3. In section GN ("Waste arising from tanniong and fellmongery operations and 
leather use"): 
GN 010 ex 0502 00 Waste of pigs', hogs' or boars' bristles and 
hair or of badger hair and other brush 
making hair 
PAPUA NEW GUINEA: All types in Annex II 
PERU: All types in Annex II 
SAO TOME E PRICIPE: 
All types in section GM ("Wastes arising from agro-food industries") 
SAUDI ARABIA: All types in Annex II 
All types in Annex II 
All types in Annex II 
All types in Annex II SENEGAL: 
SEYCHELLES: 
ST. LUCIA: 
ST VINCENT AND 
THE GRENADINES: 
WESTERN SAMOA: 
TAIWAN: All types in Annex II 
All types in Annex II 
In section GA ("Metal and metal-alloy wastes in metallic, non-dispersible form") 
GA090 720449 Other ferrous scrap and waste 
TANZANIA: All types in Annex II 
TUVALU: All types in Annex II 
UGANDA: All types in Annex II 
VANUATU: , All types in Annex II 
11 
ANNEXB 
Countries and territories which have not yet responded to the Commission's 
communications on shipments for recovery of certain types of waste listed in 
Annex II (the "green" list) to Council Regulation (EEC) No 259/93. Shipments to 
these countries and territories of these categories of waste should be carried out 
under the control procedure applying to waste listed in Annex IV (the "red" list) 
of Regulation (EEC) No 259/93. 
AFGHANISTAN 
ALGERIA 
ANGOLA 
ANTIGUA and BARBUDA 
ARMENIA 
AZERBAIJAN 
BAHRAIN 
BANGLADESH 
BRUNEI 
BURUNDI 
CAMBODIA 
CAMEROON 
CENTRAL AFRICAN REPUBLIC 
CONGO 
CONGO, DEMOCRATIC REPUBLIC OF 
COTEd'IVOIRE 
DOMINICAN REPUBLIC 
ECUADOR 
ELSALVADOR 
EQUATORIAL GUINEA 
ERITREA 
12 
ETHIOPIA 
GABON 
GUATEMALA 
GUINEA 
GUINEA-BISSAU 
HAITI 
HONDURAS 
KENYA 
KYRGYSTAN 
LAOS 
LESOTHO 
MALI 
MAURITANIA 
MOROCCO 
NAMIBIA 
NEPAL 
OMAN 
PANAMA 
QATAR 
RWANDA 
ST.CHRISTOPHER & NEVIS 
SOLOMON ISLANDS 
SUDAN 
SWAZILAND 
13 
SYRIA 
TAJIKISTAN 
TONGA 
TURKMENISTAN 
UZBEKISTAN 
VATICAN CITY 
VENEZUELA 
VIET NAM 
ZIMBABWE 
14 



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COM(97) 685 final 
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