Draft DECISION OF THE EEA JOINT COMMITTEE amending Annex XX (Environment) to the EEA Agreement - Draft common position of the Community - (presented by the Commission)

EXPLANATORY MEMORANDUM

1. In order to ensure the requisite legal security and homogeneity, the EEA Joint Committee is to integrate all the relevant Community legislation into the EEA Agreement as soon as possible after its adoption.

2. The EEA Joint Committee should therefore adopt the attached decision to amend Annex XX to the EEA Agreement by adding recently adopted acquis in the field of Environment. The decision concerns :

- 397 R 0120: Council Regulation (EC) No 120/97 of 20 January 1997 amending Regulation (EC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (OJ L 22, 24.1.1997, p. 14).

3. The proposal includes an adaptation for Liechtenstein, allowing exports for recovery of certain waste.

4. Council Regulation (EC) No 120/97 amends Regulation (EC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community.

5. Article 16 (1) (a) of Regulation (EC) No 259/93 as amended by Regulation (EC) No 120/97 prohibits the export for recovery of certain types of waste to countries to which the OECD decision does not apply. Liechtenstein is party to the Basle Convention on the Control of transboundary movements of hazardous waste and their disposal and is mentioned in Annex VII, amended by Decision III/1 of the Convention, recognizing Liechtenstein, in this instance, as an equivalent of OECD and EU countries and, in consequence, allowing such transport from and to Liechtenstein.

6. As Liechtenstein is not an OECD country, it has not adhered to OECD decision C (92) 39 final referred to in Article 16 (1) (a). However, this OECD decision is a self-executing law in Switzerland and is applicable in Liechtenstein on the basis of the Customs Union Treaty between Liechtenstein and Switzerland. The applicability of the decision is now stated in Annex I of the Treaty, promulgated by legal publication, the Liechtenstein Law Gazette. The direct application of and compliance with the OECD decision by Switzerland assures the same application and compliance of the decision by Liechtenstein.

7. An explicit permission under Article 16 (1) (a) for exports for recovery of certain waste to Liechtenstein should be provided for when incorporating Council Regulation (EC) No 120/97 into the EEA Agreement.

8. Article 1(3)(a) of Council Regulation (EC) No 2894/94 concerning the arrangements for implementing the EEA Agreement envisages that the Council establishes the Community position for decisions extending Community legislation with substantial changes.

9. The draft Decision of the EEA Joint Committee is submitted for the approval of the Council. The Commission would hope to be able to put forward the position of the Community in the EEA Joint Committee in March 2002.

Draft

DECISION OF THE EEA JOINT COMMITTEE

amending Annex XX (Environment) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as 'the Agreement', and in particular Article 98 thereof,

Whereas:

(1) Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No .../... of ... [1].

[1] OJ L ...

(2) Council Regulation (EC) No 120/97 of 20 January 1997 amending Regulation (EC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community [2] is to be incorporated into the Agreement.

[2] OJ L 22, 24.1.1997, p. 14.

(3) The effect of Regulation (EC) No 120/97 is that exports for recovery of certain waste are prohibited to countries other than those to which the OECD Decision applies.

(4) Such exports for recovery of certain waste to Liechtenstein are also to be allowed in accordance with Article 16(1) of Regulation (EEC) No 259/93.

(5) The adaptations to Regulation (EC) No 120/97 need to be adjusted following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union,

HAS DECIDED AS FOLLOWS:

Article 1

The following indent shall be added in point 32c (Council Regulation (EEC) No 259/93) of Annex XX to the Agreement:

'- 397 R 0120: Council Regulation (EC) No 120/97 of 20 January 1997 (OJ L 22, 24.1.1997, p. 14).'.

Article 2

The adaptations in point 32c of Annex XX to the Agreement shall be replaced by the following:

'in Article 16(1), letter (a) shall read 'countries to which the OECD Decision applies and to Liechtenstein;'.

Iceland and Norway shall put into effect the measures necessary for them to comply with the provisions of the Regulation as from 1 January 1995.

Liechtenstein shall put into effect the measures necessary to comply with the provisions of Articles 2, 40, 41 and 42 of the Regulation as from 1 July 1996.'.

Article 3

The texts of Regulation (EC) No 120/97 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Communities, shall be authentic.

Article 4

This Decision shall enter into force on , provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee [3].

[3] [No constitutional requirements indicated.] [Constitutional requirements indicated.]

Article 5

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Communities.

Done at Brussels, .

For the EEA Joint Committee

The President

The Secretaries to the EEA Joint Committee