Decision on common position (EC) No 48/98 adopted by the Council with a view to adopting a Council Regulation establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste (5474/98 - C4-0538/98 95/0029(SYN))(Cooperation procedure: second reading)
Date: 1999-02-09
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: Mozambique, OECD countries, export of waste, export restriction, transport of dangerous goods, waste disposal

C 150/76

EN

Official Journal of the European Communities

28.5.1999

Tuesday 9 February 1999

21. Shipments to certain non-OECD countries of certain types of waste

**II

A4-0001/99

Decision  on  common  position  (EC)  No  48/98  adopted  by  the  Council  with  a  view  to  adopting  a
Council  Regulation  establishing  common  rules  and  procedures  to  apply  to  shipments  to  certain
non-OECD countries of certain types of waste (5474/98 − C4-0538/98 − 95/0029(SYN))

(Cooperation procedure: second reading)

The European Parliament,

−  having regard to the common position of the Council, 5474/98 − 95/0029(SYN) (1),

−  having  regard  to  its  opinion  at  first  reading (2)  on  the  Commission  proposal  to  the  Council,

COM(94)0678,

−  having  been  consulted  by  the  Council  pursuant  to  Articles  189c  and  130s(1)  of  the  EC  Treaty,

(C4-0538/98),

−  having regard to Rule 67 of its Rules of Procedure,

−  having  regard  to  the  recommendation  for  second  reading  of  the  Committee  on  the  Environment,

Public Health and Consumer Protection (A4-0001/99),

1.

2.

Amends the common position as follows;

Instructs its President to forward this decision to the Council and Commission.

(1)  OJ C 333, 30.10.1998, p. 1.
(2)  OJ C 286, 22.9.1997. p. 229.

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 1)

Recital 5a (new)

Whereas  the  Commission  shall  provide  information  to
countries covered by this Regulation on changes to Annexes
A and B on a regular basis;

(Amendment 3)

Article 3

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

Deleted

(Amendment 4)

Article 4(2), introduction

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

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

28.5.1999

EN

Official Journal of the European Communities

C 150/77

Tuesday 9 February 1999

COMMON POSITION
OF THE COUNCIL

AMENDMENTS
BY PARLIAMENT

(Amendment 5)

Article 4(5)

5.
The Commission shall, in accordance with the procedure
laid  down  in  article  18  of  Directive  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) No 259/93 or, in relation to said Annex C,
any changes to Annexes I and II of the Basel Convention or to
the Fourth ACP-EC Convention.

5.
The Commission shall, in accordance with the procedure
laid  down  in  article  18  of  Directive  75/442/EEC,  regularly
review Annexes A and B of this Regulation, in order to bring
them into line with the amendments made to the Annexes to
Regulation (EEC) No 259/93.

(Amendment 6)

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.

The control procedures established by this Regulation shall be
subject to periodic review by the Commission and for the first
time no later than nine months following its publication in
the  Official  Journal,  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 and the European Parliament.

(Amendment 7)

Article 5a (new)

Article 5a

The  Commission,  in  accordance  with  the  procedure  laid
down in Article 18 of Directive 75/442/EEC shall, as soon as
possible,  review  and  amend  this  Regulation  in  order  to
bring  it  into  line  with  Regulation  (EEC)  No  259/93  as
modified by Regulation (EC) No 120/97, and in particular
with Annex V of the former Regulation.

(Amendment 8)

ANNEX C

Deleted

Green List

Basel Convention

GA 150 waste and scrap of lead

GA 240 waste and scrap of cadmium

GA 270 waste and scrap of antimony

GA 290 waste and scrap of beryllium

GA 380 waste and scrap of thallium

GA 400 waste and scrap of selenium

GA 410 waste and scrap of tellurium

Y 31

Y 26

Y 27

Y 20

Y 30

Y 25

Y 28