Re-examined proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) Nº 259/93 on the supervision and control of shipments of waste within, into and out of the European Community
Date: 1996-10-21
Institutions: European Commission
Subjects: dangerous substance, export of waste, export restriction, transport of dangerous goods, waste management

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 
the  EC's 
definitions  and  lists  in this  respect  must 
be  adjusted: 

the  EC. 

from 

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. 

-  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. 

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. 

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 

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