COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 21.10.1996 
COM(96) 515 final 
95/0107 (SYN) 
Re-examined 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 c (d) 
of the EC Treaty) 

EXPLANATORY MEMORANDUM 
On 26 April 1995, the Commission adopted a proposal 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 Community1. 
The Economic and Social Committee adopted its opinion on 25 October 19952. 
The European Parliament gave its opinion in first reading on 16 January 19963. 
On 19 February 1996, the Commission adopted an amended proposal, in accordance with 
Article 189a, paragraph 2, of the EC Treaty, incorporating 4 out of 5 amendments proposed 
by the European Parliament4. 
The Council formally adopted its common position on the Commission's amended proposal 
on 28 May 19965. 
The European Parliament examined the Council's common position at second reading on 18 
September 1996 and approved it subject to 4 proposed amendments6. 
The Commission has examined the amendments proposed by the European Parliament at 
second reading and has incorporated them into the present re-examined proposal. 
The Commission's position on each of the amendments approved by the European Parliament 
at second reading is as follows. 
Amendments of the recitals (amendments 1, 2 and 3): 
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 2). The re-examined proposal also includes 
'OJC 164,30.6.1995 
2OJC 18,22.1.96 
3 OJC 32, 5.2.1996 
4 OJC 107, 13.4.1996 
5 OJC 219, 27.7.1996 
6 Minutes of the session of 18.9.96, provisional edition, PE 252.044 part 2, pages 5 and 6 
(amendment 3) the Commission's intention to establish, in accordance with the procedure laid 
down in Article 18 of Directive 75/442/EEC 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 Annexes III or IV of the Regulation. This will subject those wastes also to the export ban. 
Amendment of Articles of Regulation (EEC) N° 259/93 (amendment 4): 
As re-examined in line with 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 111 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/EC7 need to be made coherent with each other. To this 
end the Commission will, in accordance with the procedure laid down in Article 18 of 
Directive 75/442/EEC, list in a new Annex IIA to the Regulation those wastes which are 
considered hazardous in the Community, since they feature on the list of hazardous wastes, 
but which do not feature in Annexes III or IV of Regulation (EEC) N° 259/93. 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 Annexes III and IV of Regulation (EEC) N° 259/93. 
while it guarantees sufficient transparency for economic operators. 
In accordance with Article 189c (d) of the EC Treaty, the Commission modifies as follows 
the text of the Common Position on its 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 include the accepted amendments in the Common 
Position. 
OJN" L 356, 31.12.1994 
Re-examined proposal for a 
COUNCIL REGULATION fRC) 
amending Regulation (EEC) N° 259/93 on 
the supervision and control of shipments of waste 
within, into and out of the European Community 
COMMON POSITION RE-EXAMINED PROPOSAL 
new recital 5a 
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: 
new recital 5b 
Whereas the EC's definitions of 
hazardous waste do not entirely concur at 
the present time with those of the Basel 
Convention and whereas, as this could 
result in waste covered by the Basel 
Convention's export ban still being 
exported from the EC. the EC's 
definitions and lists in this respect must 
be adjusted: 
OJN" C 164, 30.6.1995, p. 8 
COMMON POSITION AMENDED TEXT 
new recital 5c 
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 
IKa) 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: 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; (a) countries to which the OECD 
Decision applies; 
(b) other countries: (b) other countries: 
- which are Parties, to the Basel 
Convention and/or with which the - which are Parties to the Basel 
Convention and/or with which the 
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. 
COMMON POSITION AMENDED TEXT 
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 1 January 
1998 onwards. 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 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 IKa') 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 IKa) will also 
be prohibited from 1 January 1998 
onwards. 
ISSN 0254-1475 
COM(96) 515 final 
DOCUMENTS 
EN 14 u 
Catalogue number : CB-CO-96-520-EN-C 
ISBN 92-78-10334-9 
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