Amended 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: 1996-02-20
Institutions: European Commission
Subjects: export monitoring, export of waste, export restriction, transport of dangerous goods, waste management

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

à. 
-ùev<r 

Ht 
•b 

<i 
it 

Brussels,2().02.I996 
C U M ( %)  6:  tinal 

95/0107 (S YN) 

Amended  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 a (2) 
of  the EC-Treaty) 

EXPLANATORY  MEMORANDUM 

to  the  amended  proposal  from  the  Commission  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  Community 

In  accordance  with  Article  130s,  paragraph  1,  of  the  EC  Treaty,  the  Council  consulted  the 
European  Parliament  on the proposal  for a Regulation  amending  Regulation (EEC) N° 259/93 ' 
on  the  supervision  and  control  of  shipments  of  waste  within,  into  and  out  of  the  European 
Community  (COM(95)  143  final,  95/0107  SYN).  At  its  Sessions  of  16 November  1995  and 
16  January  1996,  the  European  Parliament  approved  a  total  of  5  amendments,  4  of  which 
were accepted by the Commission2. These amendments are discussed below and 4 are included 
in  the  present  modified  proposal. 

Amendments  accepted  by  the  Commission 

Amendments  of  the  recitals: 

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  3). The  Commission's  intention  to  establish, 
by  way  of  the  appropriate  Committee  procedure  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  Annex  III  or  IV  of  the  Regulation  is  also  included  (compromise  amendment  8)  in 
order  to  subject  also  those  wastes  to  the  export  ban. 

Amendment  of  Articles  of  Regulation  (EEC)  N°  259/93: 

As  amended  in  line  with  compromise  amendment  9, which  replaces  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  III  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/EC3  need  to  be  made  coherent  with  each  other.  To  this 
end  the  Commission will  seize  the  appropriate  implementation  Committee  with  a proposal  to 
list  those  wastes  which  are considered  hazardous  in the  Community  since  they  feature  on  the 

OJN°  L30,  6.2.1993,  p. 1 

2  Minutes of the Session of  16 November  1995, provisional  edition,  PE  195.171, pages 39-40, 

and of  16 January  1996, provisional  edition,  PE  195.831, page 16 

OJN°  L356,  31.12.1994,  p. 14 

list of hazardous wastes but which do not feature  in Annex III or IV of Regulation (EEC) N° 
259/93 in a new Annex 11(a) to the Regulation. 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 Annex III and IV of Regulation  (EEC) N° 259/93, while 
it guarantees  sufficient  transparency  for  economic operators. 

Amendment  not  accepted  by the Commission; 

The  only  amendment  (amendment  2)  not  accepted  by  the  Commission  was  considered 
superfluous  since it overlaps with another  amendment  (amendment  3), which  is accepted by 
the  Commission.  Amendment  3  is  more  accurately  drafted  and  is  more  complete  in 
mentioning that in the future  EC definitions  and lists will have to be adapted to those of the 
Basel  Convention. 

In accordance with Article  189a, paragraph 2, of the EC Treaty, the Commission modifies as 
follows  the text  of  its proposal  concerning  the prohibition  of  shipments  of hazardous  waste 
destined  for  recovery  to  non-OECD  countries  as of  1 January  1998  in order  to  include  the 
accepted  amendments  into  its proposal. 

COMMISSION 

Amended  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 

COM(95)  143 final  - SYN 95/0107 

(Submitted  by the Commission  pursuant  to Article  189a, paragraph  2, of the EC Treaty  on 

) 

ORIGINAL PROPOSAL 

AMENDED  PROPOSAL 

new recitals: 

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 on; 

Whereas 
the  EU* s  definitions  of 
hazardous waste do not entirely concur at 
the  present  time  with  those  of  the  Basel 
Convention  and  as  this  could  result  in 
waste covered by the Basel Convention's 
export  ban  still  being  exported  from  the 
EU, the EU's definitions  and lists in this 
respect  must  be aiusted: 

ORIGINAL  PROPOSAL 

AMENDED  PROPOSAL 

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 
11(a)  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 
Community,  or  the  Community  and  its 

-  which  are  Parties  to  the  Basel 
Convention  and/or  with  which  the 
Community,  or  the  Community  and  its 

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. 

<T 

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. 

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. 

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  11(a)  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  H(a) will  also 
be  prohibited 
from  1  January  1998 
onwards. 

C 

ISSN 0254-1475 

COM(96) 62 final 

t 

DOCUMENTS 

EN 

14  11 

Catalogue number  : CB-CO-96-071-EN-C 

ISBN 92-78-00599-1 

Office for Official Publications of the European Communities 

L-2985 Luxembourg 

?