COMMON POSITION (EC) No 48/98 adopted by the Council on 4 June 1998 with a view to adopting Council Regulation (EC) No .../98, of ... establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste
Date: 1998-06-04
Institutions: Council of the European Union
Subjects: ACP countries, export monitoring, export of waste, export restriction, third country, waste management

30.10.98

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Official  Journal  of  the  European  Communities

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I

(Information)

COUNCIL

COMMON  POSITION  (EC)  No  48/98

adopted  by  the  Council  on  4  June  1998

with a view to adopting Council Regulation (EC) No . . ./98, of . . . establishing common rules
and  procedures  to  apply  to  shipments  to  certain  non-OECD  countries  of  certain  types  of
waste

(98/C 333/01)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Articles  113  and  130s(1)
thereof,

Having  regard  to  the  proposal  from  the  Commission,

Having regard to the opinion of the Economic and Social
Committee (1),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (2),

Whereas  Article  1(3)(a)  of  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
European  Community (3)  excludes  from  the  scope  of
application  of  that  Regulation  shipments  of  waste
destined for recovery only and listed in Annex II thereto,
except as provided for in, inter alia, Article 17(1), (2) and
(3);

Whereas,  in  accordance  with  Article  17(1)  of  Regulation
(EEC)  No  259/93,  the  Commission  has  notified  to  every

(1) OJ  C  214,  10.7.1998,  p.  74.
(2) Opinion  of  the  European  Parliament  of  17  July  1997  (OJ
C  286,  22.9.1997,  p.  231),  Council  Common  Position  of
4  June  1998  and  European  Parliament  Decision  of  . . .  (not
yet  published  in  the  Official  Journal).

(3) OJ  L  30,  6.2.1993,  p.  1.  Regulation  as  last  amended  by
Regulation  (EC)  No  120/97  (OJ  L  22,  24.1.1997,  p.  14).

the  control  of 

country  to  which  the  OECD  Council  Decision  of
transfrontier
30  March  1992  on 
movements of waste destined for recovery operation does
not apply the list of waste set out in Annex II to the said
Regulation  and  has  requested  confirmation  that  such
waste  is  not  subject  to  control  in  the  country  of
destination,  or  has  asked  that  such  countries  indicate
whether  such  waste  should  be  subject  to  the  control
procedures which apply to waste listed in Annex III or IV
to  the  said  Regulation  or  to  the  procedure  laid  down  in
Article  15  thereof;

Whereas certain countries have indicated that such waste
should  be  subject  to  one  or  other  of  those  control
procedures  and  the  Commission  on  20  July  1994,
pursuant  to  the  provisions  of  Article  17(3)  of  the  said
Regulation  adopted  Decision  94/575/EC (4)  to  determine
the  appropriate  control  procedures;

Whereas  the  second  subparagraph  of  Article  17(1)  of
Regulation  (EEC)  No  259/93  provides  that  if  such
confirmation  is  not  received,  the  Commission  is  to  make
appropriate  proposals  to  the  Council;  whereas  it  is
therefore  necessary  to  establish,  on  a  Community-wide
basis,  a  system  to  regulate  trade  in  such  waste  from  the
Community  by  establishing  the  appropriate  common
rules  and  procedures  relating  to  exports  thereof;

Whereas, in the case of countries which have replied that
they  do  not  wish  to  receive  some  or  all  types  of  waste

(4) OJ  L  220,  25.8.1994,  p.  15.

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Official  Journal  of  the  European  Communities

30.10.98

listed  in  Annex  II  to  the  said  Regulation,  their  will  must
be respected and therefore those types of waste cannot be
exported  to  those  countries;

respect to those categories of waste destined for recovery
only  and 
in  Annex  II  to  Regulation  (EEC)
No  259/93.

listed 

Whereas, in the case of countries which have not replied,
silence cannot be taken as implying consent and therefore
it is appropriate to adopt a similar regulatory framework
in  order  to  enable  such  countries  to  evaluate  such
shipments  on  a  case-by-case  basis;

Whereas, in the case of countries which have replied that
they  do  not  wish  to  receive  some  or  all  types  of  waste
listed  in  Annex  II  or  have  not  replied,  the  possibility
exists that they will change their position, or will reply in
the future, and a mechanism must, therefore, exist within
a  comitology  procedure,  to  change  this  Regulation;

taking 

Whereas the Commission will, as soon as possible, and at
the latest before 1 July 1998, review and amend Annex II
full
(EEC)  No  259/93 
to  Regulation 
consideration those wastes featuring on the list of wastes
adopted  in  accordance  with  Article  1(4)  of  Council
Directive  91/689/EEC  of  12  December  1991  on
hazardous  waste (1),  and  any  list  of  wastes  characterised
as  hazardous  for  the  purposes  of  the  Basle  Convention,
and  will 
(EEC)  No  259/93
accordingly;

adapt  Regulation 

into 

Whereas  with  regard  to  shipments  to  ACP  countries,
Article  39  of  the  Fourth  ACP-EC  Convention  prohibits
exports of all waste listed in Annexes I and II of the Basle
Convention;  whereas,  furthermore,  certain  items  of  such
waste  can  be  found  in  Annex  II  to  Regulation  (EEC)
No 259/93; whereas, in these circumstances and in order
to  respect  the  Community’s  international  obligations
shipments  of  such  items  to  ACP  countries  have  to  be
prohibited;

Whereas  it  must  be  made  clear  that  such  items  are
excluded  from  the  scope  of  this  Regulation;

Whereas  the  arrangements  covered  by  this  Regulation
should  be 
the
Commission,

to  periodic 

review  by 

subject 

HAS  ADOPTED  THIS  REGULATION:

Article  1

The  export  of  waste  listed  in  Annex  II  to  Regulation
(EEC)  No  259/93  and  mentioned  in  Annex  A  to  this
Regulation  to  countries  listed  in  said  Annex  A  shall  be
prohibited.

Article  2

The  control  procedure  laid  down  in  Article  15  of
Regulation  (EEC)  No  259/93  shall  apply  to  exports  to
the  countries  listed  in  Annex  B  to  this  Regulation  with

(1) OJ L 377, 31.12.1991, p. 20. Directive amended by Directive

94/31/EC  (OJ  L  168,  2.7.1994,  p.  28).

Article  3

In  accordance  with  Article  39  of  the  Fourth  ACP-EC
Convention  shipments  of  waste  listed  in  Annex  C  to  this
Regulation  to  ACP  countries  are  prohibited.

Article  4

1. On  request  by  the  country  of  destination  the
control  procedure  applicable  to  that  country  under  this
Regulation  shall  be  amended  in  accordance  with  this
Article.

2.
The  Commission  shall  determine,  in  accordance
with  the  procedure  laid  down  in  Article  18  of  Council
Directive 75/442/EEC of 15 July 1975 on waste (2), which
of  the  control  procedures  shall  apply,  that  is  to  say:

(i)

the  procedure  applicable 
in
Annex  III  or  Annex  IV  to  Regulation  (EEC)
No  259/93,  or

to  wastes 

listed 

(ii)

the procedure laid down in Article 15 of Regulation
(EEC)  No  259/93,  or

(iii) none  of  the  procedures  referred  to  in  paragraphs  (i)

and  (ii)  above.

3.
The Commission shall inform the Member States of
the change of position of a country of destination within
21  days  of  receipt  of  the  request  from  that  country  and
shall submit its proposed determination to the committee
established under said Article 18 of Directive 75/442/EEC
as  soon  as  possible  with  three  months  of  receipt  of  the
request.

4.
Furthermore,  where  there  is  any  other  exceptional
change  of  circumstances,  for  example  war,  natural
disaster  or  a  trade  embargo  decided  by  the  United
Nations,  which  would  affect  the  control  procedure
applicable  under  this  Regulation,  this  control  procedure
may  be  amended.  The  Commission  may  determine,  after
consultation  with 
the  country  of  destination,  as
appropriate,  and  in  accordance  with  the  procedure  laid
down  in  Article  18  of  Directive  75/442/EEC,  which  of
the procedures referred to in paragraph (2) of this Article
shall apply.

laid  down 

5.
The  Commission  shall,  in  accordance  with  the
in  Article  18  of  Directive
procedure 
75/442/EEC, regularly review Annexes A, B and C of this
Regulation,  in  order  to  bring  them  into  line  with  the
amendments  made  to  the  Annexes  to  Regulation  (EEC)

(2) OJ  L  194,  25.7.1975,  p.  39.  Directive  as  last  amended  by
Commission  Decision  96/350/EC  (OJ  L  135,  6.6.1996,
p.  32).

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C 333/3

No  259/93  or,  in  relation  to  said  Annex  C,  any  changes
to  Annexes  I  and  II  of  the  Basle  Convention  or  to  the
Fourth  ACP-EC  Convention.

Article  5

The  control  procedures  established  by  this  Regulation
shall  be  subject  to  periodic  review  by  the  Commission
and  for  the  first  time  no  later  than  31  December  1998,
taking  into  account  the  experience  gained.  If  the  results
of  the  review  lead  to  the  conclusion  that  it  would  be
appropriate,  the  Commission  may,  without  prejudice  to
the  provisions  of  Article  4,  make  new  proposals  to  the
Council.

Article  6

This  Regulation  shall  enter  into  force  on  the  90th  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  . . .

For  the  Council

The  President

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30.10.98

ANNEX  A

Countries  and  territories  which  have  indicated  to  the  Commission  that  they  do  not  wish  to  receive
shipments  for  recovery  of  certain  types  of  waste  listed  in  Annex  II  to  Council  Regulation  (EEC)
No  259/93 (1)

ALBANIA:

All  types  except:

1.

in  section  GA  (‘Metal  and  metal-alloy  wastes  in  metallic,  non-dispersible  form’):

(a)

the  following  ferrous  waste  and  scrap  of  iron  and  steel:

GA 040

GA 050

GA 060

GA 070

GA 080

GA 090

GA 100

7204 10 waste  and  scrap  of  cast  iron

7204 21 waste  and  scrap  of  stainless  steel

7204 29 waste  and  scrap  of  other  alloy  steels

7204 30 waste  and  scrap  of  tinned  iron  or  steel

7204 41 turnings,  shavings,  chips,  milling  waste,  filings,  trimmings  and  stampings,

whether  or  not  in  bundles

7204 49 other  ferrous  scrap  and  waste

7204 50 remelting  scrap  ingots

GA 110 ex 7302 10 used  iron  and  steel  rails

(b)

the  following  waste  and  scrap  of  non-ferrous  metals  and  their  alloys:

GA 120

GA 150

GA 160

GA 170

7404 00 copper  waste  and  scrap

7802 00 lead  waste  and  scrap

7902 00 zinc  waste  and  scrap

8002 00 tin  waste  and  scrap

2.

in  section  GB  (‘Metal  bearing  wastes  arising  from  melting,  smelting  and  refining  of  metals’):

GB 010

GB 020

GB 021

GB 022

GB 023

GB 024

GB 025

GB 030

2620 11 hard  zinc  spelter

zinc  containing  drosses:
— galvanising  slab  zinc  top  dross  (. 90 %  Zn)
— galvanising  slab  zinc  bottom  dross  (. 92 %  Zn)
— zinc  die  casting  dross  (. 85 %  Zn)
— hot  dip  galvanisers  slab  zinc  dross  (batch)  (. 92 %  Zn)
— zinc  skimmings

aluminium skimmings

GB 040

ex 2620 90 slag  from  precious  metals  and  copper  processing  for  further  refining

3.

in  section  GC  (‘Other  wastes  containing  metals’):

GC 060

2618 00 granulated  slag  arising  from  the  manufacture  of  iron  and  steel

4. all  types  in  section  GE  (‘Glass  waste  in  non-dispersible  form’)

5.

in  section  GG  (‘Other  wastes  containing  principally  inorganic  constituents,  which  may  contain  metals
and organic materials’):

GG 070

3103 20 basic  slag  arising  from  the  manufacture  of  iron  or  steel  suitable  for  phosphate

fertiliser  and  other  use

GG 080 ex 2621 00 slag  from  copper  production,  chemically  stabilised,  having  a  high  iron  content
(above  20 %)  and  processed  according  to  industrial  specifications  (e.g.  DIN
4301  and  DIN  8201)  mainly  for  construction  and  abrasive  applications

(1) Further  updating  of  Annexes  A  and  B  could  be  necessary  in  view  of  future  changes  in  the  position  of  countries  of

destination.  These  changes  will  be  reflected  in  the  final  text  of  the  Regulation.

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6. all  types  in  section  GI  (‘Paper,  paperboard  and  paper  product  waste’)

7.

in  section  GJ  (‘Textile  waste’):

GJ 020

5103

waste  of  wool  or  of  fine  or  coarse  animal  hair,  including  yarn  waste  but
excluding  garnetted  stock:

GJ 021

GJ 022

GJ 023

GJ 030

GJ 031

GJ 032

GJ 033

5103 10 — noils  of  wool  or  of  fine  animal  hair

5103 20 — other  waste  of  wool  or  of  fine  animal  hair

5103 30 — waste  of  coarse  animal  hair

5202

cotton  waste  (including  yarn  waste  and  garnetted  stock):

5202 10 — yarn  waste  (including  thread  waste)

5202 91 — garnetted  stock

5202 99 — other

ANDORRA:

BAHAMAS:

BARBADOS:

BELIZE:

BENIN:

BHUTAN:

BOLIVIA:

BOTSWANA:

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

BRAZIL:

All  types  except:

1.

in  section  GA  (‘Metal  and  metal-alloy  wastes  in  metallic,  non  dispersible  form’):

(a)

the  following  ferrous  waste  and  scrap  of  iron  and  steel:

GA 040

GA 050

GA 060

GA 070

GA 080

GA 090

GA 100

7204 10 waste  and  scrap  of  cast  iron

7204 21 waste  and  scrap  of  stainless  steel

7204 29 waste  and  scrap  of  other  alloy  steels

7204 30 waste  and  scrap  of  tinned  iron  or  steel

7204 41 turnings,  shavings,  chips,  milling  waste,  filings,  trimmings  and  stampings,

whether  or  not  in  bundles

7204 49 other  ferrous  scrap  and  waste

7204 50 remelting  scrap  ingots

(b)

the  following  waste  and  scrap  of  non-ferrous  metals  and  their  alloys:

GA 120

GA 130

GA 140

GA 150

GA 160

7404 00 copper  waste  and  scrap

7503 00 nickel  waste  and  scrap

7602 00 aluminium  waste  and  scrap

7802 00 lead  waste  and  scrap

7902 00 zinc  waste  and  scrap

GA 190 ex 8102 91 molybdenum  waste  and  scrap

GA 200 ex 8103 10 tantalum  waste  and  scrap

GA 210

8104 20 magnesium  waste  and  scrap

GA 250 ex 8108 10 titanium  waste  and  scrap

GA 280 ex 8111 00 manganese  waste  and  scrap

GA 300 ex 8112 20 chromium  waste  and  scrap

GA 320 ex 8112 40 vanadium  waste  and  scrap

2.

in  section  GC  (‘Other  wastes  containing  metals’):

GC 060

2618 00 granulated  slag  arising  from  the  manufacture  of  iron  and  steel

GC 070 ex 2619 00 slag  arising  from  the  manufacture  of  iron  and  steel (1)

(1) This  entry  covers  the  use  of  such  slag  as  a  source  of  titanium  dioxide  and  vanadium.

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BURKINA  FASO:

CAPE  VERDE:

CHAD:

CHILE:

CHINA:

All  types

All  types

All  types

All  types

1.

in  section  GA  (‘Metal  and  metal-alloy  wastes  in  metallic,  non-dispersible  form’):

(a)

the  following  waste  and  scrap  of  non-ferrous  metals  and  their  alloys:

GA 390 ex 2844 30 thorium  waste  and  scrap

GA 420 ex 2805 30 rare  earths  waste  and  scrap

2.

In  section  GC  (‘Other  wastes  containing  metals’):

GC 050

GC 051

GC 052

GC 053

spent  catalysts:

— fluid  catalytic  cracking  (FCC)  catalysts

— precious  metal  bearing  catalysts

— transition  metal  catalysts  (e.g.  chromium,  cobalt,  copper,  iron,  nickel,

manganese,  molybdenum,  tungsten,  vanadium,  zinc)

GC 060
GC 070 ex 2619 00 slag  arising  from  the  manufacture  of  iron  and  steel (1)

2618 00 granulated  slag  arising  from  the  manufacture  of  iron  and  steel

3. ALL  types  of  waste  in  section  GD  (‘Wastes  from  mining  operations:  these  wastes  to  be  in

non-dispersable  form’)

4. ALL  types  of  waste  in  section  GG  (‘Other  wastes  containing  principally  inorganic  constituents,  which

may  contain  metals  and  organic  materials’)

5.

in  section  GJ  (‘Textile  wastes’):

GJ 120

6309 00 worn  clothing  and  other  worn  textile  articles

GJ 130

ex 6310

used rags, scrap twine, cordage, rope and cables and worn out articles of twine,
cordage,  rope  or  cables  of  textile  materials:

GJ 131

ex 6310 10 — sorted

GJ 132

ex 6310 90 — other

6.

in  section  GM  (‘Wastes  arising  from  the  agro-food  industries’):

GM 110 ex 0511 91 Fish  waste

7. ALL types in section GO (‘Other wastes containing principally organic constituents, which may contain

metals  and  inorganic  materials’)

COLOMBIA:

1.

in  section  GA  (‘Metal  and  metal-alloy  wastes  in  metallic,  non-dispersible  form’):

(a)

the  following  waste  and  scrap  of  non-ferrous  metals  and  their  alloys:

GA 120

GA 130

GA 140

GA 150

GA 160

GA 170

7404 00 copper  waste  and  scrap

7503 00 nickel  waste  and  scrap

7602 00 aluminium  waste  and  scrap

7802 00 lead  waste  and  scrap

7902 00 zinc  waste  and  scrap

8002 00 tin  waste  and  scrap

GA 180 ex 8101 91 tungsten  waste  and  scrap

GA 190 ex 8102 91 molybdenum  waste  and  scrap

GA 200 ex 8103 10 tantalum  waste  and  scrap

(1) This  entry  covers  the  use  of  such  slag  as  a  source  of  titanium  dioxide  and  vanadium.

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GA 210

8104 20 magnesium  waste  and  scrap

GA 220 ex 8105 10 cobalt  waste  and  scrap

GA 230 ex 8106 00 bismuth  waste  and  scrap

GA 240 ex 8107 10 cadmium  waste  and  scrap

GA 250 ex 8108 10 titanium  waste  and  scrap

GA 260 ex 8109 10 zirconium  waste  and  scrap

GA 270 ex 8110 00 antimony  waste  and  scrap

GA 280 ex 8111 00 manganese  waste  and  scrap

GA 290 ex 8112 11 beryllium  waste  and  scrap

GA 300 ex 8112 20 chromium  waste  and  scrap

GA 310 ex 8112 30 germanium  waste  and  scrap

GA 320 ex 8112 40 vanadium  waste  and  scrap

ex 8112 91 wastes  and  scrap  of:

GA 330

GA 340

GA 350

GA 360

GA 370

GA 380

— hafnium

— indium

— niobium

— rhenium

— gallium

— thallium

GA 390 ex 2844 30 thorium  waste  and  scrap

GA 400 ex 2804 90 selenium  waste  and  scrap

GA 410 ex 2804 50 tellurium  waste  and  scrap

GA 420 ex 2805 30 rare  earths  waste  and  scrap

2.

in  section  GB  (‘Metal  bearing  wastes  arising  from  melting,  smelting  and  refining  of  metals’):

GB 040

ex 2620 90 Slag  from  precious  metals  and  copper  processing  for  further  refining

3.

in  section  GC  (‘Other  wastes  containing  metals’):

GC 070 ex 2619 00 Slag  arising  from  the  manufacture  of  iron  and  steel (1)

4.

in  section  GD  (‘Waste  from  mining  operations:  these  wastes  to  be  in  non-dispersible  form’):

GD 040 ex 2529 30 leucite,  nepheline  and  nepheline  syenite  waste

GD 050 ex 2529 10 feldspar  waste

GD 060 ex 2529 21
ex 2529 22

fluospar  waste

5.

in  section  GG  (‘Other  wastes  containing  principally  inorganic  constituents,  which  may  contain  metals
and organic materials’):

GG 030 ex 2621

bottom  ash  and  scag  tap  from  coal  fired  power  plants

GG 040 ex 2621

coal  fired  power  plants  fly  ash

GG 060 ex 2803

spent  activated  carbon

GG 070

3103 20 basic  slag  arising  from  the  manufacture  of  iron  or  steel  suitable  for  phosphate

fertiliser  and  other  use

GG 080 ex 2621 00 slag  from  copper  production,  chemically  stabilised,  having  a  high  iron  content
(above  20 %)  and  processed  according  to  industrial  specifications  (e.g.  DIN
4301  and  DIN  8201)  mainly  for  construction  and  abrasive  applications

GG 100

limestone  from  the  production  of  calcium  cyanamide  (having  a  pH  less
than  9)

(1) This  entry  covers  the  use  of  such  slag  as  a  source  of  titanium  dioxide  and  vanadium.

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6.

in  section  GH  (‘Solid  plastic  waste’):

GH 013 ex 3915 30 waste,  parings  and  scrap  of  plastics  of  polymers  vinyl  chloride

GH 015 ex 3915 90 waste,  parings  and  scrap  of  plastics  of  resins  or  condensation  products  e. g.:

— urea  formaldehyde  resins
— phenol  formaldehyde  resins
— melamine  formaldehyde  resins
— epoxy  resins
— alkyd resins
— polyamides

7.

in  section  GJ  (‘Textile  wastes’):

GJ 050

ex 5302 90 tow  and  waste  (including  yarn  waste  and  garnetted  stock)  of  true  hemp

(Cannabis  sativa  L.)

8.

in  section  GK  (‘Rubber  wastes’):

GK 020

4012 20 used  pneumatic  tyres

GK 030 ex 4017 00 waste  and  scrap  of  hard  rubber  (e. g.  ebonite)

9.

in section GO (‘Other wastes containing principally organic constituents, which may contain metals and
inorganic materials’):

GO 040 waste  photografic  film  base  and  waste  photografic  film  not  containing  silver

GO 050 single  use  cameras  without  batteries

COMOROS:

COSTA  RICA:

DOMINICA:

DJIBOUTI:

EGYPT:

FIJI:

GAMBIA:

GHANA:

GUYANA:

KIRIBATI:

KUWAIT:

LEBANON:

MALAWI:

MALDIVES:

MOLDOVA:

MONGOLIA:

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

All  types

MOZAMBIQUE:

All  types

All  types

All  types

All  types

All  types

MYANMAR:

NIGERIA:

NICARAGUA:

NIGER:

PAKISTAN:

1.

in  section  GK  (‘Rubber  wastes’):

GK 020

4012 20 used  pneumatic  tyres

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2.

in  section  GM  (‘Waste  arising  from  agro-food  industries’):

GM 070 ex 2307

wine  lees

3.

in  section  GN  (‘Waste  arising  from  tanning  and  fellmongery  operations  and  leather  use’):

GN 010 ex 0502 00 ‘waste  of  pigs’,  hogs’  or  boars’  bristles  and  hair  or  of  badger  hair  and  other

brush-making  hair’

PAPUA  NEW  GUINEA: All  types

PARAGUAY:

All  types  except:

1. all  types  in  section  GI  (‘Paper,  paperboard  and  paper  product  wastes’)

2.

in  section  GJ  (‘Textile  wastes’):

GJ 012

GJ 031

GJ 032

5003 90 other  silk  waste

5202 10 yarn  waste  (including  thread  waste)  of  cotton  waste

5202 91 garnetted  stock  of  cotton  waste

3.

in  section  GL  (‘Untreated  cork  and  wood  wastes’):

GL 020

4501 90 cork  waste;  crushed,  granulated  or  ground  cork

PERU:

All  types

REPUBLIC  OF  KOREA: All  types  except:

1.

in  section  GA  (‘Metal  and  metal-alloy  waste  in  metallic  non-dispersible  form’):

GA 120

GA 130

GA 140

GA 160

GA 170

7404 00 copper  waste  and  scrap

7503 00 nickel  waste  and  scrap

7602 00 aluminium  waste  and  scrap

7902 00 zinc  waste  and  scrap

8002 00 tin  waste  and  scrap

GA 240 ex 8107 10 cadmium  waste  and  scrap

2. Section  GH  (‘Solid  plastic  wastes’)

3.

in  section  GK  (‘Rubber  wastes’):

GK 010

4004 00 waste,  parings  and  scrap  of  rubber  (other  than  hard  rubber)  and  granules

GK 030 ex 4017 00 waste  and  scrap  of  hard  rubber  (for  example,  ebonite)

obtained  therefrom

SÃO  TOME-AND-PRINCIPE:

All  types  except:

in  section  GJ  (‘Textile  wastes’):

GJ 111

5505 10 waste  (including  noils,  yarn  waste  and  waste  and  garnetted  stock)  of  synthetic

fibres

GJ 120

6309 00 worn  clothing  and  other  worn  textile  articles

GJ 130

ex 6310

used rags, scrap twine, cordage, rope and cables and worn out articles of twine,
cordage,  rope  or  cables  of  textile  materials:

GJ 131

ex 6310 10 — sorted

GJ 132

ex 6310 90 — other

SAUDI  ARABIA: All  types

SENEGAL:

All  types

SEYCHELLES:

All  types

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SINGAPORE:

All  types  except:

1.

in  section  GA  (‘Metal  and  metal-alloy  wastes  in  metallic,  non-dispersible  form’):

(a)

the  following  waste  and  scrap  of  precious  metals  and  their  alloys:

GA 010 ex 7112 10 — of  gold
GA 020 ex 7112 20 — of  platinum  (the  expression  ‘platinum’  includes  platinum,  iridium,
osmium,  palladium,  rhodium  and  rutherium)

GA 030 ex 7112 90 — of  other  precious  metals,  e. g.; silver

NB: Mercury  is  specifically  excluded  as  a  contaminant  of  these  metals  or  their  alloys  or

amalgams.

(b)

the  following  ferrous  waste  and  scrap  of  iron  or  steel:

GA 040
GA 050
GA 060

7204 10 —  waste  and  scrap  of  cast  iron
7204 21 —  waste  and  scrap  of  stainless  steel
7204 29 —  waste  and  scrap  of  of  other  alloy  steels

(c)

the  following  waste  and  scrap  of  non-ferrous  metals  and  their  alloys:

8002 00 tin  waste  and  scrap

7404 00 copper  waste  and  scrap
7503 00 nickel  waste  and  scrap
7602 00 aluminium  waste  and  scrap

GA 120
GA 130
GA 140
GA 150 ex 7802 00 lead  waste  and  scrap
GA 170
GA 190 ex 8102 91 molybdenum  waste  and  scrap
GA 250 ex 8108 10 titanium  waste  and  scrap
GA 260 ex 8109 10 zirconium  waste  and  scrap
GA 280 ex 8111 00 manganese  waste  and  scrap
GA 300 ex 8112 20 chromium  waste  and  scrap
GA 320 ex 8112 40 vanadium  waste  and  scrap
GA 350 ex 8112 91 waste  and  scrap  of  niobium

2.

in  section  GC  (‘Other  wastes  containing  metals’):

GC 060
GC 070 ex 2619 00 slag  arising  from  the  manufacture  of  iron  and  steel (1)

2618 00 granulated  slag  arising  from  the  manufacture  of  iron  and  steel

3.

in  section  GD  (‘Waste  from  mining  operations:  these  wastes  to  be  in  non-dispersible  form’):

GD 020 ex 2514 00 slate  waste,  whether  or  not  roughly  trimmed  or  merely  cut  by  sawing  or

otherwise

ST  LUCIA:

All  types

ST  VINCENT  AND  THE  GRENADINES:

All  types

VANUATU:

WESTERN SAMOA:

TAIWAN:

All  types

All  types

in  section  GA  (‘Metal  and  metal-alloy  wastes  in  metallic,  non-dispersible  form’):

GA 090

7204 49 Other  ferrous  scrap  and  waste

TANZANIA:

TUVALU:

UGANDA:

All  types

All  types

All  types

(1) This  entry  covers  the  use  of  such  slag  as  a  source  of  titanium  dioxide  and  vanadium.

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ANNEX  B

Countries  and  territories  which  have  not  responded  to  the  Commission’s  communication  on  shipments  for
recovery  of  certain  types  of  waste  listed  in  Annex  II  to  Council  Regulation  (EEC)  No  259/93 (1)

AFGHANISTAN:
ALGERIA:
ANGOLA:
ANTIGUA  AND  BARBUDA:
ARMENIA:
AZERBAIJAN:
BAHRAIN:
BANGLADESH:
BRUNEI:
BURUNDI:
CAMBODIA:
CAMEROON:
CENTRAL  AFRICAN  REPUBLIC:
CONGO:
DEMOCRATIC  REPUBLIC  OF  THE  CONGO:
COTE  d’IVOIRE:
DOMINICAN  REPUBLIC:
ECUADOR:
EL  SALVADOR:
EQUITORIAL  GUINEA:
ERITREA:
ETHIOPIA:
GABON:
GUATEMALA:
GUINEA:
GUINEA-BISSAU:
HAITI:
HONDURAS:
KAZAKHSTAN:

All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types

KENYA:
KYRGYSTAN:
LAOS:
LESOTHO:
MALI:
MAURITANIA:
MOROCCO:
NAMIBIA:
NEPAL:
OMAN:
PANAMA:
QATAR:
RUSSIAN  FEDERATION:
RWANDA:
ST.  KITTS  AND  NEVIS:
SOLOMON ISLANDS:
SUDAN:
SWAZILAND:
SYRIA:
TAJIKISTAN:
TONGA:
TURKMENISTAN:
UKRAINE:
UZBEKISTAN:
VATIKAN  CITY:
VENEZUELA:
VIETNAM:
YEMEN:
ZIMBABWE:

All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types
All  types

(1) Further  updating  of  Annexes  A  and  B  could  be  necessary  in  view  of  future  changes  in  the  position  of  countries  of

destination.  These  changes  will  be  reflected  in  the  final  text  of  the  Regulation.

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ANNEX  C (1)

Green  list

GA 150

GA 240

GA 270

GA 290

GA 380

GA 400

GA 410

waste  and  scrap  of  lead

waste  and  scrap  of  cadmium

waste  and  scrap  of  antimony

waste  and  scrap  of  beryllium

waste  and  scrap  of  of  thallium

waste  and  scrap  of  selenium

waste  and  scrap  of  tellurium

Basle  Convention

Y 31

Y 26

Y 27

Y 20

Y 30

Y 25

Y 28

(1) Drawn  up  on  . . .  (date  of  adoption  of  the  Regulation).

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  13  June  1995  the  Commission  forwarded  to  the  Council  its  initial  proposal  for  a
Council Regulation establishing common rules and procedures to apply to the shipments
to  certain  non-OECD  countries  of  certain  types  of  waste,  based  on  Article  113  of  the
EC  Treaty (1).

2. On 20 January 1997 the Council concluded that Article 130s(1) jointly with Article 113
was the appropriate legal basis for the present Regulation. Following this change of legal
basis  the  European  Parliament  was  consulted  and  delivered  its  opinion  on  17  July
1997 (2),  proposing  10  amendments.

The  Economic  and  Social  Committee  delivered  its  opinion  on  29  April  1998 (3).

3. The  Commission,  further  to  the  European  Parliament’s  opinion,  submitted 

its

amendment  proposal  to  the  Council  on  28  January  1998 (4).

4. On  4  June  1998  the  Council  adopted  a  Common  Position  in  accordance  with

Article  189c  of  the  Treaty.

II. OBJECTIVE

5. The  proposal,  drawn  up  in  accordance  with  Article  17(1)  of  Council  Regulation  (EEC)
No  259/93,  aims  at  defining  the  procedures  to  be  followed  with  non-OECD  countries
which  have  either  indicated  that  they  do  not  wish  to  receive  shipments  for  recovery  of
certain  types  of  waste  appearing  on  the  ‘Green  list’  of  Regulation  (EEC)  No  259/93  or
have  not  responded  to  the  Commission’s  communication  on  shipments  for  recovery  of
certain  types  of  waste  appearing  on  the  Green  list  of  Regulation  (EEC)  No  259/93.

III. ANALYSIS  OF  THE  COMMON  POSITION

6. Although  the  Common  Position  is  largely  based  on  the  Commission’s  amended
proposal, in examining this proposal and reaching its common position the Council has
tried  to  retain  procedures  that  are  better  suited  to  the  needs  and  circumstances  of
non-OECD  countries.

The  main  changes  to  the  text  of  the  proposal  are  the  following:

Article  2

The so-called ‘Red list’ (Annex IV to Regulation (EEC) No 259/93) procedure proposed
by  the  Commission  appears  to  be  needlessly  cumbersome  and  the  Council  prefers  to
retain  the  more  flexible  procedure  laid  down  in  Article  15  of  Regulation  (EEC)
No  259/93.

Article  3

In  order  to  make  this  Regulation  as  self-contained  as  possible  it  was  deemed  useful  to
list (in a new Annex C) the wastes which may not be exported to ACP countries under
Article  39  of  the  ACP-EC  (Lomé)  Convention.

(1) Doc.  COM(94)  678  final.
(2) OJ  C  286,  22.9.1997,  p.  231.
(3) OJ  C  214,  10.7.1998,  p.  74.
(4) Doc.  COM(97)  685  final.

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Articles  4  and  5

These  two  Articles  have  been  re-arranged  in  order  to  make  a  clear  distinction
between:

— amendments  of  control  procedures  resulting  from  a  change  of  position  of  a  country
of  destination  (Article  4(1),  (2)  and  (3)  or  from  a  change  of  circumstances  affecting
this  country  (Article  4(4),  and  review  (Article  4(5))  of  Annexes  A,  B  and  C,  in
accordance  with  the  (comitology)  procedure  laid  down  in  Article  18  of  Directive
75/442/EEC,

— and  periodic  review  of  the  control  procedure  established  by  this  Regulation,  which

may  lead  to  new  proposals  to  the  Council  (Article  5).

Article  6

The date of entry into force of this Regulation has been slightly postponed (from 20 to
90  days  following  its  publication  in  the  Official  Journal  of  the  Communities)  to  take
into  account  the  time  necessary  for  its  implementation.

Annexes

Annexes  A  and  B  may  need  to  be  further  updated  in  view  of  future  changes  in  the
positions  of  countries  of  destination.