WRITTEN QUESTION P-1281/00

by Bart Staes (Verts/ALE) to the Commission

(12 April 2000)

Subject: Export of waste to third countries/Basle Convention

Despite international conventions, there is an increase in exports of (toxic) waste to developing countries. The Basle Convention and regulation 259/93/EEC(1) regulate these cross-border flows of waste. According to UNEP, in 1989 the OECD countries exported one fifth of their waste. UN rapporteur Fatma-Zohra Ksentini says the countries which export most are Australia, the US and EU Member States the Netherlands, Germany and Britain. She is particularly concerned at the growing tendency to ship toxic waste to developing countries where it is simply dumped.

1. How does the European Union ensure compliance with the Basle Convention and regulation 259/93/EEC, in particular:

(a) what service, and

(b) how many officials are involved,

(c) how many checks are carried out every year, and

(d) where?

2. How much category 1 waste has the European Union exported to third countries since the Basle Convention and regulation 259/93/EEC entered into force (broken down by year, exporting Member States and countries of destination)?

3. How much category 2 waste has the European Union exported to third countries since the Basle Convention and regulation 259/93/EEC entered into force (broken down by year, exporting Member States and countries of destination)?

4. How many infringements of the Basle Convention and Regulation 259/93/EEC have there been since they entered into force, in particular:

(a) in which Member States,

(b) to which third countries was the waste shipped,

(c) by which companies,

(d) what substances and quantities were involved (detailed breakdown of type and weight), and

(e) when (chronological breakdown of infringements)?

(1) OJ L 30, 6.2.1993, p. 1.

Answer given by Mrs Wallström on behalf of the Commission

(17 May 2000)

Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the Community, transposes the obligations of the Community under the Basel Convention. The Regulation prohibits the export of all wastes for disposal to destinations outside the Community with the exception of European free trade area (EFTA) countries. Since 1 January 1998, the export of hazardous wastes for recovery to non-Organisation for economic co-operation and development (OECD) countries is also prohibited in the Community.

The export prohibitions pursuant to Community law are directly applicable. Their enforcement, including checks of shipments, is up to the authorities designated by the Member States. The Commission as such does not carry out any checks of individual shipments.

Member States are obliged on a yearly basis to report on the implementation of the Regulation, and every three years the Commission establishes a summary report on implementation of the Regulation by Member States. The first report was adopted in July 1998, covering the years 1994-1996(1). For this, a number of Member States also submitted extensive documentation regarding data on waste exports and this is sent direct to the Honourable Member and to Parliament's Secretariat.

Overall, the European environment agency in Environment in the European Union at the turn of the century indicates that according the reports by the Member States and Norway to the Basel Convention and the Commission, very little hazardous waste was exported to non-OECD countries (5 802 tonnes out of a total of 1,47 million tonnes, corresponding to 0,4 %). It should be noted that all country reports on which these figures are based, pre-date the entry into force, on 1 January

1998, of the export ban of hazardous waste for recovery to non-OECD countries. As noted above, from 1 January 1998, no exports of hazardous wastes to non-OECD countries may occur from the Community.

As for information on illegal shipments, the Commission concluded in its first three-year report on the implementation of Regulation (EEC) No 259/93 that a whole series of obligations under the Regulation were not referred to in the questionnaire which served as a basis for the Member States' yearly reports. Therefore, a new additional questionnaire has in the meantime been adopted (Commission Decision 1999/412 of 3 June 1999 concerning a questionnaire for the reporting obligation of Member States pursuant to Article 41(2) of Council Regulation (EEC) No 259/93(2)). This obliges Member States also to report on cases of illegal traffic of waste. The information requested in the additional questionnaire will have to be provided for the first time for the reporting period of the calendar year 2000.

(1) Communication from the Commission to the Council and the Parliament concerning the implementation of Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the Community, COM(1998) 475 final.

(2) OJ L 156, 23.6.1999.