Opinion of the Economic and Social Committee on the '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` (98/C 214/21)

On 31 March 1998 the Council decided to consult the Economic and Social Committee, in accordance with Article 130s of the Treaty establishing the European Community, on the above-mentioned proposal.

At its 354th plenary session (meeting of 29 April 1998), the Economic and Social Committee appointed Mr Gafo Fernández as rapporteur-general and adopted the following opinion by 74 votes, with one abstention.

1. Introduction

1.1. This proposal dates back to 1994 and the referral to the ESC stems from the broadening of the legal basis initially proposed by the European Commission to include both Article 130s and Article 113 (the original legal basis for the regulation).

1.2. The time which has elapsed since the draft regulation was originally submitted bears witness to difficulties in adopting the proposal, but it also means that the circumstances justifying the submission of the proposal have changed substantially.

1.3. The Economic and Social Committee has already issued an opinion () on another draft regulation, Regulation No 259/93, which sought to prepare a common position on amending the Basel Convention in relation to the blanket ban on exports of 'amber` and 'red` list waste to non-OECD () countries. The comments made by the ESC at the time, particularly in relation to the need to distinguish between non-dangerous and dangerous waste and the need to authorize the restricted export of 'green` list waste for recycling, are still valid.

1.4. Consequently, the ESC will simply comment on those aspects of the current regulation not covered by Council Regulation 259/93.

2. General comments

2.1. Leaving aside the legal nature of the discussion on the appropriate legal basis for the regulation and similar regulations in the future, the Committee acknowledges that Article 113 is the main legal basis, although it takes the view that Article 130s should also be included This would highlight the environmental dimension, the main reason for the proposal, which is designed to counterbalance the strictly commercial aspects of waste shipment. Using Article 113 would also enable other Community institutions such as the European Parliament and the ESC itself to contribute to the discussion, improvement and final adoption of the proposal.

2.2. The Committee considers that it is up to countries asked to receive shipments of 'green` list waste for recycling and upgrading to decide whether or not they will explicitly accept or refuse such shipments. Failure to respond to a request cannot and should not under any circumstances be interpreted as tacit agreement to receive shipments.

2.3. Consequently, the Committee considers it necessary that the customs authorities of a Member State should, before authorizing the export of 'green` list waste, check that the customs and environmental authorities of the receiving country have given formal consent to the shipment. They should also be satisfied that the applicant Community exporting country has properly checked and proven that the receiving plant in the country of destination has the facilities to process, recycle and upgrade the exported waste. This should possibly be endorsed by the authorities of the country of destination before final authorization is given.

2.4. Lastly, the Committee wishes to echo a request made by the European Parliament that certain types of waste, textile waste in particular, which have been appropriately processed and packaged, should no longer be considered as waste and should be transferred to the general regime governing the free movement of goods.

Brussels, 29 April 1998.

The President of the Economic and Social Committee

Tom JENKINS

() OJ C 18, 22.1.1996.

() Organization for Economic Cooperation and Development.