WRITTEN QUESTION E-0870/96 by Amedeo Amadeo (NI) to the Commission (12 April 1996)

Subject: Supervision and control of shipments of waste

With reference to the proposal for a Council Regulation (COM(95) 0143) ((OJ C 164, 30.6.1995, p. 8. )) amending Regulation (EEC) No 259/93 ((OJ L 30, 6.2.1993, p. 1. )) on the supervision and control of shipments of waste within the European Community does the Commission not think it would be advisable to stress the need to control the transport of waste within, into and out of the European Community and prevent the uncontrolled export of dangerous waste to countries that do not have adequate means of identifying and neutralizing the risks involved? Does it not therefore think that in principle the first requirement is to revise all the rules in force?

I am concerned by differences in interpretation as regards the classification of hazardous waste, which I consider to be the only waste that should be subject to the total ban on exports.

Answer given by Mrs Bjerregaard on behalf of the Commission (13 May 1996)

The proposal of the Commission for a regulation amending Council Regulation (EEC) no 259/93 on the supervision and control of shipments of waste within, into and out of the Community was made in order to implement into Community law a decision taken by the second conference of the parties to the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal, the so called 'Decision II/12'.

Decision II/12 lays down an immediate prohibition of exports of hazardous wastes destined for final disposal from Organization for economic cooperation and development (OECD) countries to non-OECD countries and a prohibition of such exports for recovery purposes as of 31 December 1997. This decision of the parties was confirmed by the adoption of an amendment to the Convention along the same lines at the third conference of the parties in September 1995.

Under Article 14 of Council Regulation (EEC) no 259/93 exports of all wastes destined for final disposal are already prohibited, except to European free trade area (EFTA) countries. Therefore the proposal for amendment of Regulation (EEC) no 259/93 only amends Article 16 concerning exports of hazardous wastes for recovery, prohibiting such exports to countries which are not members of the OECD as of 1 January 1998.

For the purposes of waste shipments, Regulation (EEC) no 259/93 considers to be hazardous those wastes which are listed in its Annexes III and IV. Furthermore, at the request of the Parliament, the Commission intends to draft a new Annex II(a) containing those wastes which feature on the Community's list of hazardous wastes (Council Decision 94/904/EC) but are not listed in Annex III or IV of the Regulation. Wastes listed in this new Annex II(a) would also be prohibited from export to non-OECD countries as of 1 January 1998.

Finally, the technical working group of the Basel Convention is working on a more precise definition of hazardous waste, as well as a liste of wastes not covered by the Convention and thus not covered by the export prohibition. This work is due to be presented to and adopted by the fourth conference of the parties in October 1997. Subsequently, as a party to the Basel Convention, the Community will have to take these results into account and, if appropriate, will have to make the necessary changes to Community law.