17. 11.90 Official Journal of the European Communities No C 289/9 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Regulation (EEC) on the supervision and control of shipments of waste 
within, into and out of the European Community 
COM(90) 415 final — SYN 305 
(Submitted by the Commission on 10 October 1990) 
(90/C 289/05) 
THE COUNCIL OF THE EUROPEAN COMMUNITIES, 
Having regard to the Treaty establishing the European 
Economic Community, and in particular Articles 100a 
and 113 thereof, 
Having regard to the proposal from the Commission, 
In cooperation with the European Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas Council Directive 84/631/EEC ('), as last 
amended by Directive 86/279/EEC (2), organizes the 
supervision and control within the Community of trans­
frontier shipment of hazardous waste; 
"Whereas the completion of the internal market by 
1 January 1993 will remove internal frontiers, in 
particular as regards the movement of waste, and implies 
that there must be new procedures for the supervision 
and control of waste shipments as this will no longer be 
possible at frontiers; 
Whereas the Community has signed the Basle 
Convention of 22 March 1989 on the control of trans-
boundary movements of hazardous wastes and their 
disposal, thereby necessitating an adaptation of 
Community Regulations; 
Whereas the relevant provisions of Article 39 of the 
Lom6 Convention of 15 December 1989 (Fourth 
ACP-EEC Convention) must also be integrated into 
Community legislation; 
(') OJ No L 326, 13. 12. 1984, p. 31. 
O OJ No L 181, 4. 7. 1986, p. 13. Whereas the implementation of Directive 84/631/EEC 
has revealed certain difficulties relating in particular to 
the scope of the Directive and the procedure reserved for 
non-ferrous metal waste, and these difficulties need to be 
remedied; 
Whereas it is important to organize the supervision and 
control of shipments of all wastes, subject to the making 
of exemptions for certain types of waste; 
Whereas the legislation therefore needs to be completely 
revised; 
Whereas the Community's waste strategy aims to reduce 
the production of waste to the lowest technologically 
and economically feasible level and reduce shipments to 
strict essentials in order to provide the best protection for 
the environment and human health; 
Whereas a distinction must be made between, on the one 
hand, waste shipments within the Community and, on 
the other, exports out of the Community, imports into 
the Community and transit through the Community for 
disposal or for further use outside the Community; 
Whereas the Council resolution of 7 May 1990 
underlines the importance of the Community being self-
sufficient in waste disposal; 
Whereas, inside the Community, shipments of waste 
must be submitted for control as soon as they leave the 
jurisdiction of one authority and enter that of another; 
whereas it is important that such strict control and super­
vision be ensured right from its production up to its final 
disposal of further use, enabling the relevant authorities 
to be duly informed of its nature, movement and disposal 
so that they can take all necessary measures for the 
protection of human health and the environment, though 
without creating unjustified or disproportionate barriers 
to intra-Community trade or distorting competition; 
No C 289/10 Official Journal of the European Communities 17. 11.90 
Whereas, in particular, it must be possible to raise 
objections to waste shipments intended for disposal if 
there is an authorized disposal centre significantly 
nearer, and capable of ensuring an appropriate waste 
treatment; 
Whereas less stringent rules may be applied to waste 
which is to be further used whilst reserving the possibility 
of action at the point of destination if the conditions of 
further use endanger human health or the environment; 
Whereas, as regards exports out of the Community, 
imports into the Community and transit through the 
Community, Community Regulations must comply with 
the provisions of the Basle Convention and the Fourth 
ACP-EEC Convention while adhering to the GATT 
rules, and the convention of 20 May 1987 on a common 
transit regime, concluded between the Community and 
the EFTA countries ('); 
Whereas the provisions of the Basle Convention are to 
promote an environmentally sound management of waste 
and, in consequence, to limit shipments as far as possible, 
duly taking into account the options taken by the third 
States concerned; whereas they are in line with the 
Community strategy for waste management; 
Whereas, in this context, the principle of prior written 
consent of the State of destination must be observed; 
Whereas shipments to developing countries of waste 
intended for disposal must be reduced as a matter of 
priority in due compliance with decisions on waste taken 
by those countries; 
Whereas provision must be made for the waste to be 
taken back if the shipment cannot be completed in 
accordance with the terms of the contract; 
Whereas, in the event of illegal traffic, the person whose 
action is the cause of such traffic must take back and/or 
dispose of the waste and, should he fail to do so, the 
competent authorities of dispatch or destination, as the 
case may be, must themselves intervene; 
Whereas, in as much as it takes place within the 
Community, each waste shipment must be subject to a 
provision of security, except shipments of waste intended 
for further use, that take place between competent auth­
orities within the Community; 
O OJ No L 226, 13. 8. 1987, p. 2. Whereas Member States must provide scope for appeal 
by the notifier against the decisions taken by the 
competent authorities; 
Whereas, in order to ensure that waste does not 
constitute an unnecessary risk, it must be properly 
packaged and labelled; whereas the instructions to be 
followed in the event of danger or accident must 
accompany the waste in order to protect man and the 
environment from any danger that might arise during the 
operation; 
Whereas, in consultation with the Commission, Member 
States must designate specialized customs offices at the 
Community entry and exit points; 
Whereas, in accordance with the 'polluter pays' 
principle, the costs of implementing the notification 
procedure, including the costs of inspection and analysis, 
must be borne by the notifier; 
Whereas Member States must provide the Commission 
with any information relevant to the implementation of 
this Regulation, and must in particular prepare yearly 
reports on the basis of which the Commission must draw 
up a consolidated report; 
Whereas a committee must be set up for the preparation 
of the documents provided for by this Regulation and 
for the adaptation of the Annexes to scientific and 
technical progress, 
HAS ADOPTED THIS REGULATION: 
TITLE I 
' General 
Article 1 
This Regulation shall apply to shipments of waste both 
within and into or out of the Community. 
Article 2 
1. For the purposes of this Regulation: 
(a) waste means any substance or object which is 
covered by the categories listed in Annex I and 
which the holder disposes of, intends to dispose of or 
is required to dispose of; 
(b) competent authorities means the competent authorities 
designated either by the Member States in 
accordance with Article 24 or by non-member 
States; 
17. 11.90 Official Journal of the European Communities No C 289/11 
(c) competent authority of dispatch means the competent 
authority for the area from which the shipment is 
dispatched; 
(d) competent authority of destination means the 
competent authority for the area in which the 
shipment is received, or in whose area waste is 
loaded on board before disposal at sea; 
(e) correspondent means the central body designated by 
each Member State and the Commission, in 
accordance with Article 25; 
(f) notifier means any person to whom the duty to 
notify is assigned, or in other words the person 
referred to hereinafter, who proposes to ship waste 
or have waste shipped: 
— the person whose activities produced the waste 
(original producer), or 
— where this is not possible, a collector licensed to 
this effect by a Member State, or 
— where these persons are unknown or unable to 
notify, the person having possession or control of 
the waste (holder), or 
— in the case of import into or transit through the 
Community of waste, the person designated by 
the laws of the State of dispatch; (1) State of destination means any State to which a 
shipment of waste is planned or made for disposal, 
for further use, or for loading on board before 
disposal at sea; 
(m) State of transit means any State, other than the States 
of dispatch or of destination, through which a 
shipment of waste is planned or made; 
(n) the Basle Convention means the Basle Convention of 
22 March 1989 on the control of transboundary 
movements of hazardous wastes and their disposal; 
(o) the Fourth Lome Convention means the Lome 
Convention of 15 December 1989. 
2. The following shall be excluded from the scope of 
this Regulation: 
(a) the gathering of waste from households and from 
retail trade establishments; 
(b) the offloading to shore of waste generated by the 
normal operation of ships, including waste water and 
residues, provided that such waste is the subject of a 
specific international instrument; 
(g) consignee means the person or undertaking to whom 
or to which the waste is shipped for disposal or for 
further use; (c) substances mentioned in Article 2 (1) of Directive 
75/442/EEC; 
(h) disposal means any use of waste listed in Annex II.A; 
(i) authorized centre means any establishment or under­
taking authorized or licensed pursuant to Article 6 of 
Council Directive 75/439/EEC (x), Article 8 of 
Council Directive 75/442/EEC (2), Article 6 of 
Council Directive 78/403/EEC (J), or Article 9 of 
Council Directive 78/319/EEC (4); (d) waste intended for further use and featuring on a list 
to be drawn up in accordance with Article 31, 
provided that is not covered by Annex III or, if it is 
covered by Annex III, does not possess any of the 
characteristics referred to in Annex V, and that it is 
not covered by Annex IV. 
(j) further use means any use of waste listed in Annex 
II.B; TITLE II 
(k) State of dispatch means any State from which a 
shipment of waste is planned or made; Movement of waste within the Community 
(') OJ No L 194, 25. 7. 1975, p. 23. 
(2) OJ No L 194, 25. 7. 1975, p. 39. 
O OJ No L 108, 26. 4. 1976, p. 41. 
C) OJ No L 84, 31. 3. 1978, p. 43. Article 3 
1. Where the notifier intends to ship waste intended 
for disposal or to have it shipped from the jurisdiction of 
one competent authority into that of another or to have 
it routed through the jurisdiction of one or several auth-
No C 289/12 Official Journal of the European Communities 17. 11.90 
orities, and without prejudice to Articles 13 and 14 (2), 
he shall notify the competent authority of destination 
and send a copy of the notification to the competent 
authorities of dispatch and of transit. 
2. Notification shall mandatorily cover any inter­
mediary stage of the shipment from the place of dispatch 
until its final destination. 
3. Notification shall be effected by means of a 
standard consignment note, (hereinafter referred to as 
the 'consignment note'), to be drawn up in accordance 
with Article 31. 
The consignment note shall be issued by the competent 
authority of dispatch. It shall be printed in an official 
language of the Community selected by the competent 
authority of dispatch, and completed in an official 
language of the Community which is acceptable to the 
competent authority of destination. Any further infor­
mation, including a translation, shall be supplied by the 
notifier at the request of the competent authorities 
concerned. 
4. In making notification, the notifier shall supply the 
information requested on the consignment note, with 
particular regard to: 
— the source and composition of the waste, including 
the producer's identity, and in the case of waste from 
various sources, a detailed inventory of the waste, 
and the identity of the original producers where 
known, 
— the arrangements for routing and for insurance 
against damage to third parties, 
— the measures to be taken to ensure safe transport 
and, in particular, compliance by the carrier with the 
conditions laid down for transport by the Member 
States concerned, 
— the identity of the consignee of the waste, who 
should possess an authorized centre with adequate 
technical capacity for the disposal of the waste in 
question under conditions presenting no danger to 
human health or the environment, 
— the existence of a contractual agreement with the 
consignee on the disposal of the waste. Should the 
waste be shipped between two establishments under 
the control of the same legal entity this agreement 
shall be replaced by a declaration by the entity in 
question undertaking to dispose of the waste. 
Article 4 
1. On receipt of the notification the competent 
authority of destination shall send an acknowledgement to the notifier. It shall have 30 days following dispatch of 
the acknowledgement to consent to the shipment with or 
without reservations, to refuse permission for the 
shipment or to request additional information. Such 
refusal or reservations shall be based on objections made 
in accordance with paragraphs 2, 3 and 4. The 
competent authority of destination shall send a copy of 
the acknowledgement, and of its reply, to the other 
competent authorities concerned and to the consignee. 
2. The objections referred to in paragraph 1 must be 
substantiated on the basis of laws and regulations 
relating to environmental protection, public order, public 
safety or health protection which are in accordance with 
Community law or with international conventions on this 
subject concluded by the Member State concerned in 
accordance with Community law. 
3. The competent authority of dispatch may, within 
20 days of receipt of the copy of the acknowledgement, 
raise objections to the planned shipment if there is an 
authorized centre significantly nearer than the one 
chosen by the notifier and which uses suitable techno­
logies to ensure a high level of protection of the envi­
ronment and human health. 
The competent authority shall take account in its 
evaluation of all relevant circumstances, such as the 
geographical situation, the nature of the waste, the 
economic aspects of the operation (in order to prevent 
distortion of competition), the capacity and the availa­
bility of the planned centre or the implementation of 
programmes or plans drawn up pursuant to Article 5 of 
Directive 75/439/EEC, Article 6 of Directive 
75/442/EEC, Article 6 of Directive 76/403/EEC or 
Article 12 of Directive 78/319/EEC. It shall give reasons 
for its decision. Where necessary it shall be for the 
notifier to prove that disposal cannot be effected nearby 
in the manner and under the conditions described above. 
The objections may also be substantiated by the fact that 
the notifier or the consignee has previously been guilty 
of illegal trafficking. 
These objections shall be conveyed to the notifier with 
copies sent to the competent authorities concerned and 
to the consignee. 
The competent authority of destination may, in 
accordance with the same procedure, exercise the right 
to raise such objections. 
17. 11.90 Official Journal of the European Communities No C 289/13 
4. Within 20 days of receipt of the copy of the 
acknowledgement the competent authority of dispatch 
may raise objections on the grounds that the shipment of 
waste conflicts with obligations resulting from interna­
tional agreements on this subject concluded by the 
Member State of dispatch in accordance with 
Community law. Such objections shall be conveyed to 
the notifier of the waste with copies sent to the 
competent authorities concerned and to the consignee. 
5. Without prejudice to the provisions of paragraphs 
1, 2, 3 and 4, the competent authorities of dispatch, 
destination and, where appropriate, of transit shall have 
20 days following the notification in which to lay down, 
if appropriate, conditions in respect of the transport of 
waste within their jurisdiction. These conditions, which 
must be notified to the notifier, with copies sent to the 
competent authorities concerned, may not be more 
stringent than those laid down in respect of similar 
shipments occurring wholly within their jurisdiction and 
shall take due account of existing agreements. 
6. Once the competent authorities of destination and, 
where applicable, the competent authorities of dispatch 
are satisfied that the problems giving rise to their 
objections have been solved, they shall immediately 
inform the notifier in writing, with copies sent to the 
consignee and the other competent authorities 
concerned. If there is then an essential change in the 
conditions of the shipment, a new notification shall be 
made. 
7. The shipment may be effected only after the 
notifier has received authorization from the competent 
authority of destination. The latter shall give the authori­
zation only in the absence of objections raised by himself 
or by the competent authority of dispatch, or subject to 
reservations further to these objections. 
The competent authoritiy of destination shall signal his 
assent by affixing his seal to the consignment note. Any 
reasons for refusal shall be sent to the notifier, to the 
consignee, and to the other competent authorities. 
Article 5 
1. With due regard for the obligations imposed on 
him by Article 3 the notifier may use a general notifi­
cation procedure where waste having essentially the same 
physical and chemical characteristics is shipped regularly 
to the same destination via the areas of jurisdiction of 
the same competent authorities. 2. The competent authorities concerned may make 
their agreement to the use of this general notification 
procedure subject to the subsequent supply of additional 
information. If the notifier does not compose the waste 
as notified or meet the conditions imposed on its 
shipment, the competent authorities concerned may 
withdraw their consent to this procedure. 
3. Under a general notification procedure, a single 
notification within the meaning of Article 3 (1) may 
cover several shipments of waste over a maximum period 
of one year. The indicated period may be shortened ex 
officio by the competent authorities concerned. 
4. General notification shall be made by means of the 
consignment note. 
Article 6 
1. If the notifier has received the authorization, he 
shall complete the consignment note and send copies to 
the competent authorities concerned three working days 
before the shipment is made. 
2. A specimen of the consignment note, together with 
the authorization, shall accompany each shipment. 
3. All undertakings involved in the operation shall 
complete the consignment note at the points indicated, 
sign it and retain a copy thereof. 
4. Within 15 days following receipt of the waste the 
consignee shall send a copy of the duly completed 
consignment note to the notifier and to the competent 
authorities concerned. 
Article 7 
1. Waste intended for further use shall be subject to 
the provisions of Articles 3, 4 and 6 unless the following 
conditions are fulfilled: 
(a) the notifier makes a declaration on a standard 
document which shall be drawn up in accordance 
with Article 31 and must accompany the shipment, to 
the effect that these substances are intended for the 
operations in question, and forwards a copy of this 
document to the competent authorities concerned. 
The competent authority of destination shall send an 
acknowledgement to the notifier within three 
working days of the notification; 
No C 289/14 Official Journal of the 
(b) the document also states: 
— the origin and composition of the waste, 
including the identity of the producer, and, in the 
case of waste from various sources, a detailed 
inventory of the waste and, if known, the identity 
of the original producers, 
— the identity of the consignee, who must possess 
an appropriate authorized centre, 
— the existence of a contractual agreement with the 
final consignee. 
Should the waste be shipped between two estab­
lishments under the control of the same legal 
entity the aforesaid agreement shall be replaced 
by a declaration by the entity in question under­
taking to make fruther use of the waste; 
(c) the producer may carry out the shipment or have it 
carried out only in the absence of reasoned 
objections, as mentioned in Article 4 (2), from the 
competent authority of destination within 15 days 
following the date of sending the acknowledgement; 
(d) the consignee declares in the same document, which 
he shall forward to the competent authority of desti­
nation within 15 days of completion of the oper­
ations, that these operations have actually been 
carried out. If the operations have not been carried 
out within 30 days of receipt of the waste, the 
consignee also declares without delay on a copy of 
the document, which he shall send to the competent 
authority of destination, the period within which 
these operations will actually be carried out. 
2. The competent authority of destination may decide 
that it will not raise objections regarding shipments to a 
specific consignee. It may limit its decision to a certain 
period. 
Article 8 
This Title shall also be applicable to the shipment of 
waste taking place between the jurisdictions of 
competent authorities of the Community with transit via 
one or more third States, the competent authority of 
which shall receive a copy of the notification from the 
notifier and shall exercise all rights conferred on it by 
Article 12. European Communities 17. 11. 90 
TITLE III 
Export of waste out of the Community 
Article 9 
1. All exports of waste covered by Annex III (unless 
they do not possess any of the characteristics contained 
in Annex V), as well as waste covered by Annex IV shall 
be prohibited: 
(a) to a State not party to the Basle Convention; 
(b) to the area south of latitude 60° south. 
2. All exports to ACP States of waste covered by 
Annexes III and IV shall be prohibited; this prohibition 
does not preclude Member States, to which an ACP 
State has decided to export waste for treatment, from 
re-exporting the treated waste to that ACP State. 
3. Without prejudice to Articles 13 and 14 (2) all 
exports of waste shall be prohibited: 
(a) to a State which prohibits all imports of such wastes 
or which has not given is written consent to the 
specific import of this waste; 
(b) if the competent authority of dispatch has reason to 
believe that the waste will not be managed in 
accordance with environmentally sound methods in 
the State of destination; 
(c) if they have not been authorized in accordance with 
Article 10 (2) or (3). 
4. In addition, the competent authority of dispatch 
may authorize the export of waste only if: 
(a) the technical capacity and the necessary facilities or 
desired sites for disposing of the waste in question by 
efficient and environmentally sound methods are not 
available within the Community; or 
(b) the State of destination has stated that the waste in 
question is needed as a raw material for recycling or 
recovery industries. 
5. The competent authority of dispatch shall require 
that the waste for export be managed in an environ­
mentally sound manner throughout the period of 
shipment and in the State of destination. 
17. 11. 90 Official Journal of the European Communities No C 289/15 
Article 10 
1. Where waste is exported from the Community for 
disposal or for further use in a third State, the notifier 
shall send the notification to the competent authority of 
dispatch by means of the standard consignment note 
referred to in Article 3 (3), with copies sent to the 
consignee of the waste and the other competent auth­
orities concerned. 
The notifier shall ensure that the notification enables the 
third States concerned to evaluate the consequences for 
human health and the environment of the proposed 
shipments. 
The competent authority of dispatch shall at once send 
the notifier a written acknowledgment of the notifi­
cation. 
2. The competent authority of dispatch shall authorize 
the shipment only if it has received written confirmation 
from the notifier that the latter has received: 
(a) the written consent of the State of destination to the 
planned shipment; 
(b) confirmation from the State of destination of the 
existence of a contract between the notifier and the 
consignee specifying environmentally sound 
management of the waste in question; 
(c) written consent to the planned shipment from the 
State(s) of transit, that are Parties to the Basle 
Convention, provided that such State(s) has (have) 
not waived this in accordance with the terms of that 
Convention. 
The competent authority of dispatch shall take its 
decision no later than three months after receipt of 
the notification and shall send it to the notifier. He 
shall send a certified copy of the decision to the 
other competent authorities concerned and to the 
customs office of departure from the Community. 
3. Notwithstanding paragraph 2, where the waste is 
disposed of in a third State bordering on the last 
Member State of transit, the latter shall be entitled to 
assign to its competent authority of transit the right to 
issue the authorization or to raise objections provided 
for in that paragraph. A Member State intending to 
exercise the right conferred upon it by this paragraph 
shall so inform the Commission and the other Member 
States. It may exercise this right only three months at 
least after so doing. 4. Without prejudice to paragraph 1, the competent 
authority of dispatch and, if applicable, the competent 
authorities of transit in the Community shall have 20 
days following notification in which to lay down, if 
appropriate, conditions in respect of the shipment of 
waste in their area of jurisdiction. These conditions, 
which shall be forwarded to the notifier, with a copy 
sent to the other competent authorities concerned, may 
not be more stringent than those laid down in respect of 
similar shipments effected wholly within the area of 
jurisdiction of the competent authority in question. 
5. Not later than 20 days after receipt of the notifi­
cation, the competent authority of dispatch may raise 
objections on the grounds that the shipment of waste 
conflicts with obligations resulting from international 
agreements on this subject concluded by the Member 
State concerned, with due regard for Community law. 
Such objections shall be forwarded to the notifier with a 
copy sent to the other competent authorities concerned. 
6. The consignment note shall be issued by the 
competent authority of dispatch. It shall be printed and 
completed in an official language of the Community 
selected by the competent authority of dispatch. Any 
additional information, including a translation, shall be 
supplied by the notifier at the request of the State of 
destination in its own language or in a language 
acceptable to it. 
7. Article 6 (1), (2) and (3) shall apply by analogy. A 
specimen of the consignment note shall be delivered by 
the carrier to the last customs office of departure when 
the waste leaves the Community. 
8. As soon as the waste has left the Community, the 
customs office of departure shall send a copy of the 
consignment note to the competent authority that issued 
the authorization. 
9. If, six weeks after the waste has left the 
Community, the competent authority that conveyed the 
authorization has received no information from the 
consignee about his receipt of the waste, it shall inform 
without delay the competent authority of destination. It 
shall take action in a similar way if, 90 days after the 
waste left the Community, it has received no information 
from the consignee about the completion of the oper­
ations of disposal or further use as required by the auth­
orization. 
No C 289/16 Official Journal of the European Communities 17. 11.90 
TITLE IV 
Import of waste into the Community 
Article 11 
1. All imports of waste covered by Annex III (unless 
they do not possess any of the characteristics contained 
in Annex V), and waste covered by Annex IV, from a 
State that is not party to the Basle Convention shall be 
prohibited. 
2. Without prejudice to Articles 13 and 14 (2), all 
imports of waste shall be prohibited if they have not been 
authorized according to paragraph 5. 
3. The competent authority of destination shall 
prohibit the bringing of waste into its area of jurisdiction 
if it has reason to believe that the waste will not be 
managed in an environmentally sound manner. 
4. Notification shall be made to the competent 
authority of destination by means of the standard 
consignment note referred to in Article 3 (3) with a copy 
sent to the consignee of the waste and to the competent 
authorities of transit. The consignment note shall be 
issued by the competent authority of destination and 
printed and completed in an official Community 
language indicated by the competent authority of desti­
nation. 
5. The competent authority of destination shall at 
once send the notifier a written acknowledgement of the 
notification. It shall, within three months, authorize the 
shipment with or without reservations, refuse permission 
for the shipment, or request additional information. Any 
refusal or reservations shall be justified. It shall send a 
certified copy of the final answer to the competent auth­
orities concerned, to the customs office of entry into the 
Community and to the consignee. 
6. The competent authority of destination and, if 
applicable, the competent authority or authorities of 
transit in the Community shall have 20 days following 
notification to lay down, if appropriate, conditions in 
respect of the transport of the waste. These conditions, 
which must be conveyed to the notifier, with copies sent 
to the competent authorities concerned, may not be 
more stringent than those laid down in respect of similar 
shipments occurring wholly within the jursidiction of the 
competent authority in question. 
7. The provisions of Article 6 (1), (2) and (3) shall 
apply mutatis mutandis. 8. Within 15 days after receipt of the waste, the 
consignee shall send a copy of the duly completed 
consignment note to the notifier and to the competent 
authorities concerned. 
9. Within 60 days after entry of the waste into the 
Community, the consignee shall inform the notifier and 
the competent authorities concerned about the 
completion of the disposal or further-use operations in 
accordace with the terms of the authorization. 
TITLE V 
Transit of waste through the Community for disposal or 
further use outside the Community 
Article 12 
1. The notification shall be sent by means of the 
standard consignment note referred to in Article 3 (3) to 
the last competent authority of transit within the 
Community, with a copy sent to the consignee, to the 
other competent authorities concerned, and to the 
customs offices of entry into and departure from the 
Community. 
2. The last competent authority of transit within the 
Community shall promptly inform the notifier of receipt 
of the notification. The other competent authorities in 
the Community shall convey their reactions to the last 
competent authority of transit in the Community, which 
shall then respond in writing to the notifier within 60 
days, consenting to the shipment with or without reser­
vations, withholding permission to proceed with the 
shipment or requesting additional information. Any 
refusal or reservations shall be justified. It shall send a 
certified copy of its response both to the other competent 
authorities concerned and to the customs offices of entry 
into and departure from the Community. 
3. Without prejudice to Articles 13 and 14 (2), the 
shipment shall be admitted into the Community only if 
the notifier: 
— has received the written consent of the last competent 
authority of transit, or 
— has received no reply within 60 days following 
receipt of the acknowledgement of receipt. 
4. The competent authorities of transit within the 
Community shall have 20 days following notification to 
lay down, if appropriate, any conditions attached to the 
transport of the waste. These conditions, which must be 
conveyed to the notifier, with copies- sent to the 
competent authorities concerned, may not be more 
stringent than those laid down in respect of similar 
17. 11.90 Official Journal of the European Communities No C 289/17 
shipments occuring wholly within the jurisdiction of the 
competent authority in question. 
5. The consignment note shall be issued by the last 
competent authority of transit within the Community. It 
shall be printed and drawn up in English or French. 
6. The provisions of Article 6 (1), (2) and (3) shall 
apply mutatis mutandis. A specimen of the consignment 
note shall be supplied by the carrier to the customs office 
of departure when the waste leaves the Community. 
7. As soon as the waste has left the Community, the 
customs office of departure shall send a copy of the 
consignment note to the last competent authority of 
transit within the Community. Furthermore, at the latest 
six weeks after the waste has left the Community, the 
notifier shall declare or certify to that competent 
authority that it has arrived at its intended destination. 
TITLE VI 
Provisions common to Titles II, III, IV and V 
Article 13 
Where a shipment of waste to which the competent 
authorities concerned have consented cannot be 
completed in accordance with the terms of the contract, 
the competent authority of dispatch shall ensure that the 
notifier returns the waste to its area of jurisdiction, 
unless the waste can be disposed of in an alternative and 
environmentally sound manner, within 90 days of the 
competent authority of dispatch being informed. Where 
disposal entails the shipment of waste to the area of a 
competent authority other than that of dispatch, a 
further notification shall be made. No Member State of 
dispatch or Member State of transit shall oppose the 
return of this waste. 
Article 14 
1. Any shipment of waste conducted: 
(a) without notification of all competent authorities 
concerned pursuant to the provisions of this Regu­
lation; or 
(b) without the consent of the competent authority 
concerned pursuant to the provsisions of this Regu­
lation; or 
(c) with consent obtained from the competent auth­
orities concerned through falsification, misrepresen­
tation or fraud; or (d) that is not substantially as specified in the 
consignment note; or 
(e) that results in deliberate disposal in contravention of 
Community or international rules; or 
(f) contrary to Article 9, 
shall be deemed to be illegal traffic. 
2. If this illegal traffic is the result of conduct on the 
part of the notifier of the waste, the competent authority 
of dispatch shall ensure that the waste in question is: 
(a) taken back by the notifier or, if necessary, by itself 
into its area of jurisdiction; or, if impracticable 
(b) otherwise disposed of in an environmentally sound 
manner 
within 30 days from the time when it was informed of 
the illegal traffic or within such other period of time as 
may be agreed by the competent authorities concerned. 
To this end they shall not object to the return of the 
waste to the area of jurisdiction of the competent 
authority of dispatch. 
3. If this illegal traffic is the result of conduct on the 
part of the consignee, the competent authority of desti­
nation shall ensure that the waste in question is disposed 
of in an environmentally sound manner by the consignee 
or, if necessary, by itself within 30 days from the time it 
was informed of the illegal traffic or within any such 
other period of time as may be agreed by the competent 
authorities concerned. To this end they shall cooperate, 
as necessary, in the disposal of the waste in an environ­
mentally sound manner. 
4. Where responsibility for the illegal traffic cannot be 
imputed to the notifier, or to the consignee, the 
competent authorities shall ensure, through cooperation, 
that the waste in question is disposed of in an environ­
mentally sound manner. 
5. Member States shall prohibit and severely penalize 
illegal traffic. 
Article 15 
1. All shipments of waste covered by Titles II (except 
Article 7), III, IV and V shall be subject to a provision of 
security. This shall be lodged: 
— by the notifier with the administrative office 
designated by the competent authority of departure 
No C 289/18 Official Journal of the European Communities 17. 11.90 
where waste is being moved within the Community; 
the surety shall be released when the waste has 
reached its destination, 
— by the notifier with the customs office of departure 
where waste is being exported out of the 
Community; the surety shall be returned to him when 
the waste leaves the Community, 
— by the consignee at the customs office of entry into 
the Community where waste is being imported into 
the Community; the surety shall be returned to him 
when the waste has reached its destination, 
— by the notifier at the customs office of entry into the 
Community where waste is in transit through the 
Community; the surety shall be returned to him when 
the waste leaves the Community. 
2. Proof that the waste has reached its destination or 
left the Community shall be furnished by means of 
control copy T 5 drawn up under Commission Regu­
lation (EEC) No 2823/87 ('). 
3. The amount of the security, exceptions to release 
and the procedure for providing securities shall be 
determined in accordance with Article 31. 
Article 16 
The provisions of Titles II, III, IV and V shall apply 
without prejudice to any bilateral, multilateral or 
regional agreements or arrangements which the 
Community, or the Community and Member States, may 
deem fit to conclude pursuant to Article 11 of the Basle 
Convention. 
Article 17 
1. Under Titles III, IV and V, the notifier may use a 
general notification procedure where waste having essen­
tially the same physical and chemical characteristics is 
shipped regularly to the same consignee via the areas of 
jurisdiction of the same competent authorities. 
2. Article 5 (2), (3) and (4) shall apply mutatis 
mutandis. 
Article 18 
Member States shall provide that an appeals procedure 
before the tribunals shall be open at least to the notifier 
against the following decisions of the competent auth­
orities : 
O OJ No L 270, 23. 9. 1987, p. 1. (a) any refusal by the competent authority entitled to 
issue the authorization, to authorize the shipment 
within the intended period, pursuant to Articles 4 
(1), 10(2), 11 (5) and 12 (2); 
(b) any reservations or conditions linked to the authori­
zation referred to under (a); 
(c) any objections raised by the competent authorities in 
the Community against the shipment as intended by 
the notification, pursuant to Articles 4 (3) and (4), 
and 7 (1) (c); 
(d) any transport conditions pursuant to Articles 4 (5), 
10 (4), 11 (6) and 12 (4). 
Article 19 
In compliance with the provisions of this Regulation, 
Member States shall take the measures needed to ensure 
the supervision and control of waste shipments. 
TITLE VII 
Other provisions 
Article 20 
1. All shipments of waste shall meet the following 
conditions: 
(a) the waste must be suitably packaged; 
(b) the containers must bear appropriate labels indi­
cating, in addition to the nature, composition and 
quantity of the waste, the telephone number(s) of the 
person(s) from whom instructions or advice may be 
obtained at all times during shipment; 
(c) instructions for action in the event of danger or 
accident must accompany the waste; 
(d) the labels and instructions referred to in (b) and (c) 
must be in the languages of the States concerned. 
2. The conditions referred to in paragraph 1 shall be 
deemed to be fulfilled where the shipment complies with 
the relevant provisions of Community law and of the 
international transport conventions, cited in Annex VI, 
to which the Member State concerned is a party, where 
those conventions cover the waste to which this Regu­
lation refers. 
17. 11.90 Official Journal of the European Communities No C 289/19 
Article 21 
1. The cost of implementing the notification and 
supervision procedure, including the necessary analyses 
and inspections, shall be chargeable to the notifier by the 
Member State concerned. 
2. Costs arising from the return of waste or from 
disposal in another form pursuant to Articles 13 and 14 
(2) shall be charged to the notifier by the Member State 
concerned. 
3. Costs arising from disposal, pursuant to Article 14 
(3), shall be charged to the consignee by the Member 
State concerned. 
Article 22 
1. Without prejudice to Community and national 
provisions concerning civil liability and irrespective of the 
point of disposal of the waste the producer of that waste 
shall take all necessary steps to dispose of the waste in 
such a way as to protect the quality of the environment 
in accordance with Directive 75/442/EEC, including the 
specific provisions referred to in Article 2 (2) (f) thereof 
and in this Regulation. 
2. Member States shall take all necessary steps to 
ensure that the obligations laid down in paragraph 1 are 
carried out. 
Article 23 
All documents sent to or by the competent authorities 
shall be kept for at least three years. 
Article 24 
Member States shall designate the competent authority 
or authorities for the implementation of this Regulation 
in a specific area. A single competent authority of transit 
shall be designated by each Member State. 
Article 25 
1. Member States and the Commission shall each 
designate a correspondent responsible for informing or 
advising persons or undertakings who or which make 
enquiries. 
2. The Commission shall periodically hold a meeting 
of its correspondents to examine with them the problems 
raised by the implementation of this Regulation. 3. The Commission correspondent shall forward to 
the correspondents of the Member States any questions 
put to him which fall within their competence, and vice 
versa. 
Article 26 
1. Member States shall notify the Commission not 
later than 1 October 1991 of the name(s), address(es) 
and telephone and telex/telefax numbers of the 
competent authorities and of the correspondents and the 
installations, establishments or undertakings holding an 
authorization within the meaning of the fourth indent of 
Article 3 (4), together with the seals of the competent 
authorities. 
Member States shall notify the Commission regularly of 
any changes in this information. 
2. The Commission shall send the information without 
delay to the other Member States and to the Secretariat 
of the Basle Convention. 
Article 27 
1. In consultation with the Commission, Member 
States shall designate customs offices of entry into and 
departure from the Community for shipments of waste 
entering and leaving the Community. 
2. No shipment of waste shall be allowed to use any 
other frontier crossing points for entering or leaving the 
Community than the customs offices designated under 
paragraph 1. 
Article 28 
Within the framework of the Basle Convention, the 
Member States, in close liaison with the Commission, 
shall cooperate with the other interested parties inter alia 
via the exchange of information, the promotion of new 
environmentally sound technologies and the development 
of appropriate codes of practice. 
Article 29 
The Commission and Member States shall cooperate in 
discharging their obligations regarding the supply of 
information under Article 13 of the Basle Convention. 
Article 30 
1. Every year, and for the first time on 1 March 1993, 
Member States shall supply the Commission with a 
report on the implementation of this Regulation and on 
the situation with regard to the shipments of waste 
covered by this Regulation. 
2. The reports shall include the following information 
in particular: 
No C 289/20 Official Journal of the European Communities 17. 11. 90 
— shipments of waste arising from major accidents 
within the meaning of Article 1 of Council Directive 
82/501/EEC of 24 June 1982 on the major accident 
hazards of certain industrial activities ('), 
— significant irregularities in shipments of waste 
covered by this Regulation which have involved or 
may yet involve serious hazards for man or the en­
vironment, 
— the quantity and type of waste which has entered the 
area of jurisdiction of the competent authorities for 
disposal and the quantity and type of waste produced 
in the area of jurisdiction of the competent auth­
orities and subsequently dispatched to another 
competent authority, either definitively or before 
disposal at sea. 
3. On the basis of these.reports, the Commission shall 
prepare a consolidated report every year, which it shall 
address to the European Parliament, the Council and the 
Economic and Social Committee. 
Article 31 
The list provided for in Article 2 (2) (d), the standard 
consignment note and the standard document referred to 
respectively in Articles 3 (3) and 7 and the necessary 
general provisions and instructions relating to the note 
and form and the provisions necessary for applying 
Article 15 (3), shall be drawn up by the Commission 
before 1 January 1992, in accordance with the procedure 
laid down in Article 32. The same procedure shall apply 
to the amendments needed to adapt these documents and 
the Annexes to this Regulation to scientific and technical 
progress, due account being taken of the combined 
nomenclature. 
Article 32 
The Commission shall be assisted by a committee 
composed of the representatives of the Member States 
and chaired by the representative of the Commission. 
O OJ No L 230, 5. 8. 1982, p. 1. The representative of the Commission shall submit to the 
committee a draft of the measures to be taken. The 
committee shall deliver its opinion on the draft within a 
time limit which the chairman may set as required by the 
urgency of the matter. The opinion shall be delivered by 
the majority laid down in Article 148 (2) of the Treaty in 
the case of decisions which the Council is required to 
adopt on a proposal from the Commission. The votes of 
the representatives of the Member States within the 
committee shall be weighted in the manner set out in 
that Article. The chairman shall not vote. 
The Commission shall adopt measures which shall apply 
immediately. However, if these measures are not in 
accordance with the opinion of the committee, they shall 
be communicated by the Commission to the Council 
forthwith. In that event the Commission may defer 
implementation of the measures adopted for a period of 
not more than one month from the date of said 
communication. 
The Council, acting by a qualified majority, may take a 
different decision within the time limit referred to in the 
previous paragraph. 
Article 33 
Directive 84/631/EEC is hereby repealed with effect 
from 1 January 1992. However, it shall continue to apply 
to shipments for which notification has been sent to the 
competent authority before that date. 
Article 34 
1. This Regulation shall enter into force on the 40th 
day following that of its publication in the Official 
Journal of the European Communities. 
2. It shall apply from 1 January 1992 with the 
exception of Articles 2, 9 (1) and (2), 24 to 29, 31 and 
32 which shall apply from its date of entry into force and 
without prejudice to the second sentence of Article 33. 
This Regulation shall be binding in its entirety and 
directly applicable in all Member States. 
tB.M.^O ^fici^]ourn^lo^^Euroo^nC^ornrnunin^ ^o(e^^B^t 
^t^^^A^^ 
C^A^^^^^S^^^A^^ 
C^t Production or consumption residues not otherwise specified below 
^ (Offspe^ification products 
^ rimee^pired products 
^ Substances spilled, lost or having undergoneother mishap including any materials, equipment, 
etc.,contaminated asaresult of the mishap 
CO^ Substances contaminated or soiled asaresult of planned actions (e.g. residues from cleaning oper^ 
ations, packaging materials, containers, etc.^ 
^ Unusable components(e.g. discarded batteries, exhausted catalytic converters, etc.^ 
COB Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated 
solvents, spent tempering salts, etc.^ 
OO^ residues of industrial processes (e.g. slags, still bottoms, et^ 
^ residues from pollution abatement processes(e.g.scrubber sludges, air^filter dusts, spent filters, 
etc.^ 
C^tO ^vtachiningBforming residues (e.g. lathe or milling swarf, etc.^ 
e^M residues from rawmaterials extraction and processing(e.g. mining residues,oil field slops, etc.^ 
C^t^ Adulterated products(e.g. oils contaminated with PCr^s,etc.^ 
C^t^ Any materials, substances or products whose use has been banned by law 
O^t^ Productsforwhichtheholderhasnofurtheruse (e.g. agricultural, household, office, retailing 
and workshop discards, etc.^ 
OB^t^ contaminated materials, substances or products resulting from land reclamation 
C^t^ Any materials, substances or products which the holder wishes to disposeof, or isrequired to 
dispose of, and whi^h are not contained in the above categories 
No C 289/22 Official Journal of the European Communities 17. 11. 90 
ANNEX II 
A. DISPOSAL OPERATIONS 
Dl Tipping above or underground (e.g. landfill, etc.) 
D2 Land treatment (e.g. biodegradation of liquid effluents or sludges in soils, etc.) 
D3 Deep injection (e.g. injection of pumpable effluents into wells, salt domes or naturally occurring 
repositories, etc.) 
D4 Surface impoundment (e.g. dumping of liquid effluents or sludges into pits, ponds or lagoons, 
etc.) 
D5 Specially engineered landfill (e.g. discharge into lined discrete cells which are capped and isolated 
from one another and the environment, etc.) 
D6 Release of solid waste into a water body except seas/oceans 
D7 Release into seas/oceans including sea-bed insertion 
D8 Biological treatment not specified elsewhere in this Annex which results in final compounds or 
mixtures which are disposed of by means of any of the operations listed in Annex II.A. 
D9 Physical-chemical treatment not specified elsewhere in this Annex which results in final 
compounds or mixtures which are disposed of by means of any of the operations listed in Annex 
II.A. (e.g. evaporation, drying, calcination, etc.) 
D10 Incineration on land 
Dll Incineration at sea 
D12 Permanent storage (e.g. of containers in a mine, etc.) 
D13 Blending or mixing prior to any of the operations in Annex II.A. 
D14 Repackaging prior to any of the operations in Annex II.A. 
D15 Storage pending any of the operations in Annex II.A. 
NB: Annex II.A. is intended to list disposal operations such as occur in practice. These operations may or 
may not be acceptable from the point of view of environmental protection. 
B. OPERATIONS WHICH MAY LEAD TO RECOVERY 
Rl Use principally as a fuel or other means of generating energy 
R2 Solvent reclamation/regeneration 
R3 Recycling/reclamation of organic substances which are not used as solvents 
LelP^O COffici^]ourn^ofrn^Eurooe^nC^ornrnunin^ l^ooe^^B^ 
—.— DD^ ^ ^.^^ ^^ ^^ ^ D^^ ^ DDDD^ ^ ^, ^,^ ,, „ ^D^^D^D ^^^^^ 
R^ RecyclingBreclamation of metals and metal compounds 
R^ RecyclingBreclamation of other inorganic substances 
RD Regeneration of acids or bases 
R^ Recovery of components used for pollution abatement 
R^ Recovery of components from catalytic converters 
R^ Redefining or other reuses of oil 
RtO Spreading on land resulting in benefit to agriculture or ecological improvement, including 
composting and other biological conversion processes 
RM Uses of residues obtained from any of the operations numbered Rt^RtO 
Rt^ exchange of^vastes for submission to any of the operations numbered RtRtt 
Rt^ Accumulation of material intended for submission to any operation in Annex H.B. 
^v^. Annex II.B. is intended to list the processes and methods intended to extract andBor to utilize 
secondary materials.These processes and methods may or may not be acceptable from the point of 
vie^v of environmental protection. 
O^AT^ORI^O^^A^RUOU^^A^^ 
^t clinical pastes from medical care in hospitals, medical centres and clinics 
^ pastes from the production and preparation of pharmaceutical products 
^ ^aste pharmaceuticals, drugs and medicines 
^ pastes from the production, formulation and use of biocides and plant health care products 
^ pastes from the manufacture, formulation and use of ^vood preserving agents 
^D pastes from the production, formulation and use of organic solvents 
^ pastes from heat treatment and tempering operations involving cyanides 
^ ^aste mineral oils unfit for their originally intended use 
^ ^asteoilB^vater,hydrocarbonB^vater mixtures and emulsions 
No C 289/24 Official Journal of the European Communities 17. 11. 90 
Y10 Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs) 
and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs) 
Yl 1 Waste tarry residues arising from refining, distillation and any pyrolytic treatment 
Y12 Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish 
Y13 Wastes from the production, formulation and use of resins, latex plasticizers, glues/adhesives 
Y14 Waste chemical substances arising from research and development or teaching activities which are 
not identified and/or are new and whose effects on man and/or the environment are not known 
Y15 Wastes of a potentially explosive nature not subject to other legislation 
Y16 Wastes from the production, formulation and use of photographic chemicals and processing 
materials 
Y17 Wastes resulting from the surface treatment of metals and plastics 
Y18 Residues arising from industrial waste disposal operations 
Wastes containing 
Y19 Carbonyl metals 
Y20 Beryllium; beryllium compounds 
Y21 Hexavalent chromium compounds 
Y22 Copper compounds 
Y23 Zinc compounds 
Y24 Arsenic; arsenic compounds 
Y25 Selenium; selenium compounds 
Y26 Cadmium; cadmium compounds 
Y27 Antimony; antimony compounds 
Y28 Tellurium; tellurium compounds 
Y29 Mercury; mercury compounds 
Y30 Thallium; thallium compounds 
Y31 Lead; lead compounds 
Y32 Inorganic fluorine compounds excluding calcium fluoride 
Y33 Inorganic cyanides 
Y34 Acidic solutions or acids in solid form 
17. 11.90 Official Journal of the European Communities No C 289/25 
Y35 Basic solutions or bases in solid form 
Y36 Asbestos (dust and fibres) 
Y37 Organic phosphorous compounds 
Y38 Organic cyanides 
Y39 Phenols; phenol compounds including chlorophenols 
Y40 Ethers 
Y41 Halogenated organic solvents 
Y42 Organic solvents excluding halogenated solvents 
Y43 Any congener of polychlorinated dibenzo-furan 
Y44 Any congener of polychlorinated dibenzo-p-dioxin 
Y45 Organohalogen compounds other than the substances referred to in this Annex (e.g.: Y39, Y41, 
Y42, Y43, Y44) 
ANNEX IV 
CATEGORIES OF WASTE REQUIRING SPECIAL CONSIDERATION 
Y46 Wastes collected from households 
Y47 Residues arising from the incineration of household wastes 
No C 289/26 Official Journal of the European Communities 17. 11. 90 
ANNEX V 
LIST OF HAZARDOUS CHARACTERISTICS 
UN class (') 
1 
2 
4.1 
4.2 
4.3 
5.1 
5.2 
6.1 Code 
HI 
H3 
H4.1 
H4.2 
H4.3 
H5.1 
H5.2 
H6.1 Characteristics 
Explosive 
An explosive substance or waste is a solid or liquid substance or 
waste (or mixture of substances or wastes) which is in itself capable 
by chemical reaction of producing gas at such a temperature and 
pressure and at such a speed as to cause damage to the surroundings. 
Flammable liquid 
Flammable liquids are liquids, or mixtures of liquids, or liquids 
containing solids in solution or suspension (for example, paints, 
varnishes, lacquers, etc., but not including substances or wastes 
otherwise classified by virtue of their dangerous characteristics) 
which give off a flammable vapour at temperatures of not more than 
60,5 °C, in a closed-cup test, or not more than 65,6 °C, in an 
open-cup test. (Since the results of open-cup tests and closed-cup 
tests are not strictly comparable and even individual results by the 
same test are often variable, regulations varying from the above 
figures to make allowances for such differences would be within the 
spirit of this definition). 
Flammable solids 
Solids, or waste solids, other than those classed as explosives which, 
under the conditions encountered in transport, are readily 
combustible, or may cause or contribute to fire through friction. 
Substances or wastes liable to spontaneous combustion 
Substances or wastes which are likely to heat up spontaneously 
under the normal conditions encountered in transport, or to heat up 
on contact with air, and being then likely to catch fire. 
Substances or wastes which, in contact with water, emit flammable 
gases 
Substances or wastes which, by interaction with water, are likely to 
become spontaneously flammable or to give off flammable gases in 
dangerous quantities. 
Oxidizing 
Substances or wastes which, while in themselves not necessarily 
combustible, may generally by yielding oxygen cause, or contribute 
to, the combustion of other materials. 
Organic peroxides 
Organic substances or wastes which contain the bivalent -0-0-
structure are thermally unstable substances which may undergo 
exothermic self-accelerating decomposition. 
Poisonous (acute) 
Substances or wastes liable either to cause death or serious injury or 
to harm human health if swallowed or inhaled or in contact with the 
skin. 
17. 11.90 Official Journal of the European Communities No C 289/27 
UN class (') 
6.2 
8 
9 
9 
9 
9 Code 
H6.2 
H8 
H10 
Hll 
H12 
H13 Characteristics 
Infectious substances 
Substances or wastes containing viable micro-organisms or their 
toxins which are known or suspected to cause disease in-animals or 
human beings. 
Corrosives 
Substances or wastes which, by chemical action, will cause severe 
damage when in contact with living tissue, or, in the case of leakage, 
will materially damage, or even destroy, other goods or the means of 
transport; they may also cause other hazards. 
Release of toxic gases on contact with air or water 
Substances or wastes which, by interaction with air or water, are 
liable to give off toxic gases in dangerous quantities. 
Toxic (delayed or chronic) 
Substances or wastes which, if they are inhaled or ingested or if they 
penetrate the skin, may involve delayed or chronic effects, including 
carcinogenicity. 
Ecotoxic 
Substances or wastes which, if released, cause or may cause 
immediate or delayed adverse impacts to the environment by means 
of bioaccumulation and/or toxic effects upon biotic systems. 
Capable, by any means, after disposal, of yielding another material, 
e.g., leachate, which possesses any of the characteristics listed above. 
(') Corresponds to the hazard classification system included in the United Nations recommendations on the transport of 
dangerous goods (ST/SG/AC. 10/1 /Rev. 5, United Nations, New York, 1988). 
Tests 
The potential hazards due to certain types of waste are not yet fully documented; tests to define these 
hazards quantitatively do not exist. Further research is necessary in order to develop means to characterize 
the potential hazards to man and/or the environment arising from these wastes. Standardized tests relating 
to pure substances and materials have been developed. Many countries have devised national tests which 
can be applied to the substances listed in Annex I, in order to decide if they exhibit any of the charac­
teristics listed in this Annex. 
No C 289/28 Official Journal of the European Communities 17. 11. 90 
ANNEX VI 
LIST OF INTERNATIONAL TRANSPORT CONVENTIONS REFERRED TO IN ARTICLE 
20 (2) («) 
1. ADR 
European Agreement concerning the international carriage of dangerous goods by road (1957) 
2. Cotif 
Convention concerning the international carriage of dangerous goods by rail (1985) 
RID 
Regulation on the international carriage by rail of dangerous goods (1985) 
3. Solas Convention 
International Convention for the Safety of Life at Sea (1974) 
4. IMDG code (2) 
International Maritime Dangerous Goods Code 
5. Chicago Convention 
Convention on International Civil Aviation (1944), Annex 18 to which deals with the carriage of 
dangerous goods by air (T.I.: Technical Instructions for the Safe Transport of Dangerous Goods by 
Air) 
6. Marpol Convention 
International Convention for the Prevention of Pollution from Ships (1973 to 1978) 
7. ADNR 
Regulations on the carriage of dangerous substances on the Rhine (1970) 
(') This list contains those Conventions in force at the time of adoption of this Regulation. 
(2) Since 1 January 1985, the IMDG code has been incorporated in the Solas Convention.