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
Date: 1995-04-26
Institutions: European Commission
Subjects: environmental monitoring, international transport, intra-EU transport, public health, trade restriction, waste management

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. 

3. 

The  European  Community  is  a  full  Party  to  the  Basel  Convention  on  transboundary 
movements of hazardous wastes and their  disposal. 

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. 

6. 

7. 

8. 

9. 

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. 

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. 

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. 

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. 

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  d e s t *^  for  recycling  or  recovery  operations  from 
OECDfc» tutt-OCTD wmém 

tafia*?'W8.'';" 

«I «f 4 

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 

9 5/ 0 1 07  (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, 

q-

ISSN 0254-1475 

COM(95) 143  final 

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