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•b it COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels,2().02.I996 
CUM(%) 6: tinal 
95/0107 (S YN) 
Amended proposal for a 
COUNCIL REGULATION (EC) 
amending Regulation (EEC) N° 259/93 on 
the supervision and control of shipments of waste 
within, into and out of the European Community 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
to the amended proposal from the Commission for a 
Council Regulation amending Council Regulation (EEC) N° 259/93 on the supervision 
and control of shipments of waste within, into and out of the European Community 
In accordance with Article 130s, paragraph 1, of the EC Treaty, the Council consulted the 
European Parliament on the proposal for a Regulation amending Regulation (EEC) N° 259/93 ' 
on the supervision and control of shipments of waste within, into and out of the European 
Community (COM(95) 143 final, 95/0107 SYN). At its Sessions of 16 November 1995 and 
16 January 1996, the European Parliament approved a total of 5 amendments, 4 of which 
were accepted by the Commission2. These amendments are discussed below and 4 are included 
in the present modified proposal. 
Amendments accepted by the Commission 
Amendments of the recitals: 
Relevant background matters like the decision of the Third Conference of the Parties on the 
amendment of the Basel Convention and the fact that EC definitions and lists do not entirely 
concur with those of the Basel Convention and will therefore have to be adjusted in the 
future, in particular to the list of hazardous wastes to be developed by that Convention are 
now included in the recitals (amendments 1 and 3). The Commission's intention to establish, 
by way of the appropriate Committee procedure and as soon as possible, an Annex 11(a) 
listing those wastes featuring on the Community's list of hazardous wastes but which are not 
listed in Annex III or IV of the Regulation is also included (compromise amendment 8) in 
order to subject also those wastes to the export ban. 
Amendment of Articles of Regulation (EEC) N° 259/93: 
As amended in line with compromise amendment 9, which replaces amendment 4, the scope 
of application of the proposed Regulation amending Regulation (EEC) N° 259/93 is extended 
to cover not only wastes listed in Annex III and IV, but also wastes listed in a new Annex 
11(a). The objective of this amendment is to effectively implement "Decision 11/12", i.e. to 
subject to the prohibition of exports as of 1998 all wastes which are considered hazardous 
under Community legislation . 
In order to ensure this, Regulation (EEC) N° 259/93 and the EC list of hazardous waste as 
adopted by Council Decision 94/904/EC3 need to be made coherent with each other. To this 
end the Commission will seize the appropriate implementation Committee with a proposal to 
list those wastes which are considered hazardous in the Community since they feature on the 
OJN° L30, 6.2.1993, p. 1 
2 Minutes of the Session of 16 November 1995, provisional edition, PE 195.171, pages 39-40, 
and of 16 January 1996, provisional edition, PE 195.831, page 16 
OJN° L356, 31.12.1994, p. 14 
list of hazardous wastes but which do not feature in Annex III or IV of Regulation (EEC) N° 
259/93 in a new Annex 11(a) to the Regulation. The proposed Regulation amending Regulation 
(EEC) N° 259/93 will also apply to wastes listed in this new Annex 11(a). 
The Commission considers that this amendment takes away doubts as to whether all hazardous 
wastes would be covered by merely Annex III and IV of Regulation (EEC) N° 259/93, while 
it guarantees sufficient transparency for economic operators. 
Amendment not accepted by the Commission; 
The only amendment (amendment 2) not accepted by the Commission was considered 
superfluous since it overlaps with another amendment (amendment 3), which is accepted by 
the Commission. Amendment 3 is more accurately drafted and is more complete in 
mentioning that in the future EC definitions and lists will have to be adapted to those of the 
Basel Convention. 
In accordance with Article 189a, paragraph 2, of the EC Treaty, the Commission modifies as 
follows the text of its proposal concerning the prohibition of shipments of hazardous waste 
destined for recovery to non-OECD countries as of 1 January 1998 in order to include the 
accepted amendments into its proposal. 
COMMISSION 
Amended proposal for a Council Regulation 
amending Regulation (EEC) N° 259/93 on 
the supervision and control of shipments of waste 
within, into and out of the European Community 
COM(95) 143 final - SYN 95/0107 
(Submitted by the Commission pursuant to Article 189a, paragraph 2, of the EC Treaty on 
) 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
new recitals: 
Whereas the Third Conference of the 
Parties to the Basel Convention decided 
that the export of hazardous waste for 
recycling purposes from OECD to non-
OECD countries shall be prohibited from 
1 January 1998 on; 
Whereas the EU* s definitions of 
hazardous waste do not entirely concur at 
the present time with those of the Basel 
Convention and as this could result in 
waste covered by the Basel Convention's 
export ban still being exported from the 
EU, the EU's definitions and lists in this 
respect must be aiusted: 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Whereas the Commission, in accordance 
with the procedure laid down in Article 
18 of Directive 75/442/EEC will as soon 
as possible establish an Annex IKa) 
listing those wastes featuring on the list 
of hazardous wastes as adopted by 
Council Decision 94/904/EC1 but which 
are not listed in Annex HI or IV; whereas 
exports of wastes listed in this Annex 
11(a) will also be prohibited from 1 
January 1998 onwards. 
HAS ADOPTED THIS REGULATION: HAS ADOPTED THIS REGULATION: 
Article 1 Article 1 
Regulation (EEC) N° 259/93 is hereby 
amended as follows: Regulation (EEC) N° 259/93 is hereby 
amended as follows: 
1. Article 16, paragraph 1 is replaced 
by the following: 1. Article 16, paragraph 1 is replaced 
by the following: 
"Article 16 "Article 16 
1. All exports of waste listed in Annexes 
III and IV for recovery shall be 
prohibited except those to: 
(a) countries to which the OECD 
Decision applies; 
(b) other countries: 
- which are Parties to the Basel 
Convention and/or with which the 
Community, or the Community and its 1. All exports of waste listed in Annexes 
III and IV for recovery shall be 
prohibited except those to: 
(a) countries to which the OECD 
Decision applies; 
(b) other countries: 
- which are Parties to the Basel 
Convention and/or with which the 
Community, or the Community and its 
Council Decision 94/904/EC of 22 December 
1994, establishing a list of hazardous waste 
pursuant to Article 1(4) of Council Directive 
91/689/EEC on hazardous waste; OJ L 356 
of 31.12.1994, p. 14. 
<T 
Member States, have concluded bilateral 
or multilateral or regional agreements 
or arrangements in accordance with 
Article 11 of the Basel Convention and 
paragraph 2. Any such exports shall 
however be prohibited from 1 January 
1998 onwards. Member States, have concluded bilateral 
or multilateral or regional agreements 
or arrangements in accordance with 
Article 11 of the Basel Convention and 
paragraph 2. 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 of this Regulation, in so far 
as these are compatible with Community 
legislation and in accordance with Article 
11 of the Basel Convention and 
paragraph 2. 
These agreements and 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 earlier, and 
shall expire when agreements 
or arrangements are concluded 
in accordance with the first indent. 
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 of this Regulation, in so far 
as these are compatible with Community 
legislation and in accordance with Article 
11 of the Basel Convention and 
paragraph 2. 
These agreements and 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 earlier, and 
shall expire when agreements 
or arrangements are concluded 
in accordance with the first indent. 
Any such exports shall however be 
prohibited from 1 January 1998 onwards. 
The Commission, in accordance with the 
procedure laid down in Article 18 of 
Directive 75/442/EEC, will as soon as 
possible establish an Annex 11(a) listing 
those wastes featuring on the list of 
hazardous wastes as adopted by Council 
Decision 94/904/EC but which are not 
listed in Annex HI or IV. Exports of 
wastes listed in this Annex H(a) will also 
be prohibited from 1 January 1998 
onwards. 
C 
ISSN 0254-1475 
COM(96) 62 final 
t 
DOCUMENTS 
EN 14 11 
Catalogue number : CB-CO-96-071-EN-C 
ISBN 92-78-00599-1 
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