COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 26.04.1995 
COM(95) 143 final 
95/0107 (SYN) 
COMMUNICATION FROM THE COMMISSION 
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 to prohibit all exports of hazardous wastes destined for 
recovery operations from OECD to non-OECD countries. 
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) 
COMMUNICATION FROM THE COMMISSION 
Subject: 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 to prohibit all exports of hazardous wastes destined for 
recovery operations from OECD to non-OECD countries. 
Introduction 
1. The attached proposed Regulation amends Article 16, paragraph 1 of Council Regulation 
(EEC) N° 259/93 on the supervision and control of shipments of waste within, into and out 
of the European Community to prohibit exports of hazardous wastes destined for recovery 
operations from OECD to non-OECD countries as of 1 January 1998. This amendment 
implements Decision 11/12 adopted by the Second Conference of the Parties to the Basel 
Convention in March 1994. 
Background 
2. The European Community is a full Party to the Basel Convention on transboundary 
movements of hazardous wastes and their disposal. 
3. Council Regulation (EEC) N° 259/93 transposes the provisions of the Basel Convention into 
Community law by establishing a system of supervision and control to apply to shipments of 
waste within, into and out of the EC. 
Exports of waste which is listed in Annex II of the Regulation (green waste) and is destined 
for recovery operations only, are excluded from the scope of application of the Regulation, 
except as provided for in, inter alia, Article 1.3(b-e) and Article 17.1-3. 
Article 14 of the Regulation prohibits all exports of waste, hazardous and non-hazardous, 
destined for final disposal to non-OECD countries. Furthermore, all exports of hazardous 
waste, whether for disposal or for recovery, are prohibited to ACP countries. 
4. On 25 March 1994, the Second Conference of the Parties to the Basel Convention adopted 
Decision 11/12 which requires the immediate prohibition of all exports of hazardous waste 
destined for final disposal from OECD to non-OECD countries and the prohibition of all 
exports of hazardous waste destined for recovery operations by 1 January 1998 at the latest. 
The Decision further allows hazardous waste to be exported for recycling or recovery to non-
OECD countries until 1 January 1998 subject to certain conditions. These are that the country 
does not have a national hazardous wastes import ban and that it informs the Secretariat of 
the Basel Convention of specific details of the type of hazardous waste allowed to import, the 
quantities involved and detailed technical information on the specific recycling/recovery 
process to be used and the final destination/disposal of the residues which are derived from 
recycling/recovery operations. 
5. This Decision was supported unanimously at the Council meeting of 24 March 1994 by all 
Member States and also by the Community. At the Council meeting of 9 March 1995, the 
ministers for the Environment reconfirmed their commitment to the Decision by sending a 
statement in this sense to the Secretariat of the Basel Convention. The Commission commited 
itself to present a proposal for an amendment to Regulation 259/93 accordingly, with a view 
to the Council meeting in June. 
6. At the request of the Council and on behalf of the European Community, the Commission, 
sent the Secretariat of the Basel Convention a proposal for an amendment prohibiting exports 
of hazardous waste destined for final disposal from OECD to non-OECD countries (cf. 
paragraph 1 of Decision 11/12). With regard to such exports destined for recovery operations, 
the Community considered it appropriate to await the outcome of the "Global Workshop on 
the Implementation and the Applicability of Decision 11/12" held in Dakar, Senegal, from 15 
to 17 March 1995. 
At this workshop it was subsequently agreed that in general more work needed to be carried 
out to define, classify and characterize hazardous waste; i.e. to better determine what was 
covered by the Basel Convention and thus by Decision 11/12. The workshop did not, however, 
provide elements to justify a delay in the implementation of Decision 11/12. 
7. To fulfill the commitment to the Council and on political and legal grounds it is now 
necessary to transpose Decision H/12 into Community law and to fulfill the commitment taken 
by the Community and all Member States on 25 March 1994 at international level when 
Decision 11/12 was adopted. 
8. Article 16 of Regulation 259/93 regulates the exports of hazardous waste destined for recovery 
operations. Consequently, to transpose Decision H/12 into the relevant Community law, Article 
16 of this Regulation needs to be amended accordingly. 
9. Following the adoption of this proposal, the Commission will have to ask the Council for a 
mandate to participate, in the name of the Community, in the discussions of the contracting 
Parties to the Basel Convention in order to amend the Convention to incorporate Decision 
11/12. 
10. The Commission therefore requests the Council to adopt the attached proposed Regulation. 
z 
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 
EXPLANATORY MEMORANDUM 
The Second Conference of the Parties to the Bawl Convention on transboundary movements 
of hazardous wastes ami their disposal adopted Decision 11/12 by consensus on 25 March 
1994. By Decision H/12 it was decided to immediately prohibit all exports of hazardous waste 
which art doatiftçtf for final disposal from OECD to IWUHOECD countries and to prohrbit all 
exports Of Héttrdoui «nota which are dest*^ for recycling or recovery operations from 
OECDfc» tutt-OCTD wmém «I «f 4 tafia*?'W8.'';" 
This Decision was supported unanimously at the Council meeting of 24 March 1994 by the 
Commttmty. At the Efivtrom&e&t Council of 9 March 1995, all the ministers confirmed their 
commitment to this Decision. 
The Commission, at the request of the Council and on behalf of the European Community, 
has sent a proposal for an amendment to the Secretariat of the Basel Convention in accordance 
with the first paragraph of Decision H/12 (cf. the prohibition relating to exports for final 
disposal). With regard to the second paragraph relating to exports for recovery, it was 
considered appropriate to await the outcome of the "Global Workshop on the Implementation 
and Applicability of Decision 11/12" held from 15 to 17 March 1995 in Dakar, Senegal. 
The Workshop has not provided elements to justify a delay of implementation of Decision 
11/12 in Community law. Therefore, it is the purpose of the attached proposed Council 
Regulation to amend Council Regulation (EEC) N° 259/93 on the supervision and control of 
shipments of waste within, into and out of the European Community in view of prohibiting 
all exports of hazardous waste to non-OECD countries as of 1 January 1998. 
Mr 
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 95/ 0107 (SYN) 
THE COUNCIL OF THE EUROPEAN UNION, 
Having regard to the Treaty establishing the European Community, and in particular Article 
130s, paragraph 1, thereof, 
Having regard to the proposal from the Commission1, 
In cooperation with the European Parliament2, 
Having regard to the opinion of the Economic and Social Committee3 
Having regard to Council Regulation (EEC) N° 259/93 of 1 February 1993 on the supervision 
and control of shipments of waste within, into and out of the European Community4, and in 
particular Article 16 thereof, 
Whereas the European Economic Community is a Party to the Basel Convention on the 
control of transboundary movements of hazardous waste and their disposal since 7 February 
1994; 
Whereas at the Second Conference of the Parties to the Basel Convention a Decision 
("Decision 11/12") was adopted by consensus to prohibit immediately all transboundary 
movements of hazardous wastes which are destined for final disposal from OECD to non-
OECD States and to prohibit as of 1 January 1998, all transboundary movements of hazardous 
wastes which are destined for recycling or recovery operations from OECD to non-OECD 
States; 
OJN° L 30, 6.2.1993, p. 1 
Whereas the Parties are requested to cooperate and work actively to ensure the effective 
implementation of Decision 11/12; 
Whereas with respect to waste destined for final disposal, Article 14 of Regulation (EEC) N° 
259/93 already prohibits all exports of such kind of waste to non-OECD States; and whereas 
Article 18 of the same Regulation prohibits all exports of waste to ACP States; 
Whereas currently Regulation 259/93 does not provide for a total prohibition of exports of 
hazardous waste destined for recycling or recovery operations to non-OECD States; 
HAS ADOPTED THIS REGULATION: 
Article 1 
Regulation (EEC) N° 259/93 is hereby amended as follows: 
1. Article 16, paragraph 1 is replaced by the following: 
"Article 16 
1. All exports of waste listed in Annex 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 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 I January 1998 onwards. 
G 
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 
as from 1 January 1998 onwards." 
Article 2 
This Regulation shall enter into force on the third day following 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, 
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ISSN 0254-1475 
COM(95) 143 final 
DOCUMENTS 
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Catalogue number : CB-CO-95-169-EN-C 
ISBN 92-77-88016-3 
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