Commission Regulation (EC) No 105/2005 of 17 November 2004 amending Council Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to China and Saudi ArabiaText with EEA relevance
Date: 2004-11-17
Institutions: European Commission
Subjects: China, Saudi Arabia, export monitoring, export of waste, industrial waste, metal waste, paper, plastics, textile product, wood product

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Official Journal of the European Union

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COMMISSION REGULATION (EC) No 105/2005

of 17 November 2004

amending Council Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999 as regards
shipments of certain types of waste to China and Saudi Arabia

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

In accordance with Article 17(3) of Regulation (EEC)
No 259/93,
the committee set up by Article 18 of
Council Directive 75/442/EEC of 15 July 1975 on
waste (4) was notified of the official requests of Saudi
Arabia and of China on 2 April 2004 and 18 May 2004.

Having regard to 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 (1),
and in particular Article 17(3) thereof,

(4)

In order to take into account the new situation of these
countries,
it is necessary to amend at the same time
Regulation (EC) No 1420/1999 and Regulation (EC)
No 1547/1999.

Having regard to Council Regulation (EC) No 1420/1999 of
29 April 1999 establishing common rules and procedures to
apply to shipments to certain non-OECD countries of certain
types of waste (2), and in particular Article 3(5)
thereof,

(5)

The measures provided for in this Regulation are in
accordance with the opinion of the Committee set up
by Article 18 of Directive 75/442/EEC,

Whereas:

HAS ADOPTED THIS REGULATION:

(1)

(2)

On 4 August 2003,
the Ministry of Defence and
Aviation, Presidency of Meteorology and Environment
of the Kingdom of Saudi Arabia sent a request to the
trans-
European Commission that normal commercial
actions (‘green list’ procedure) apply to the material GH
014 ‘waste, parings and scrap of polyurethane foam not
containing chlorofluorocarbons’.

On 13 May 2004, the Mission of the People’s Republic
of China to the European Communities sent a request to
the European Commission for an amendment to the list
of wastes in Annex D to Commission Regulation (EC)
No 1547/1999 (3) which are allowed without recourse to
any of the control procedures provided for in Council
Regulation (EEC) No 259/93. This amended list will be
subject, as before, to additional pre-shipment inspection
procedures under the responsibility of the Chinese autho-
rities.

(1) OJ L 30, 6.2.1993, p.1. Regulation as last amended by Commission
Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

(2) OJ L 166, 1.7.1999, p. 6. Regulation as

(EC) No 2118/2003 (OJ

last amended by
L 318,

Commission Regulation
3.12.2003, p. 5).

(3) OJ L 185, 17.7.1999, p. 1. Regulation as last amended by Regu-

lation (EC) No 2118/2003.

Article 1

Annex D to Regulation (EC) No 1547/1999 is amended as set
out in Annex I to this Regulation.

Article 2

Annex A to Regulation (EC No 1420/1999 is amended as set
out in Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day
following its publication in the Official Journal of the European
Union.

(4) OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and of the Council
(OJ L 284, 31.10.2003, p. 1).

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This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 November 2004.

For the Commission

Pascal LAMY
Member of the Commission

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Annex D to Regulation (EC) No 1547/1999 is amended as follows:

ANNEX I

1. In Annex D, between the entry relating to São Tomé and Príncipe and the entry relating to Sierra Leone, the following

entry is inserted:

‘SAUDI ARABIA
GH 014 ex 3915 90 Waste, parings and scrap of plastics of polyurethane (not containing chlorofluorocarbons).’

2. In Annex D, between the entry relating to Chile and the entry related to The Comoros, the entry relating to China

should be deleted and the following entry inserted:

‘CHINA

Pre-shipment inspection is required by the Chinese authorities

1. In section GA (Metal and metal-alloy wastes in metallic, non-dispersible form) (*)

GA 120

7404 00

Copper waste and scrap

GA 130

7503 00

Nickel waste and scrap

GA 140

7602 00

Aluminium waste and scrap

GA 160

7902 00

Zinc waste and scrap

GA 170

8002 10

Tin waste and scrap

GA 200

ex 8103 10

Tantalum waste and scrap

GA 430

7204

Iron or steel scrap.

2. In section GC (Other wastes containing metals):

GC 030

ex 8908 00

Vessels and other floating structures for breaking up, properly emptied of any cargo
and other materials arising from the operation of the vessel which may have been
classified as a dangerous substance or waste

GC 070

ex 2619 00

Slags arising from the manufacture of iron and carbon steel (including low alloy steel)
excluding those slags which have been specifically produced to meet both national
and relevant international requirements and standards (**)

3. In section GH (Solid plastic wastes):

Including, but not limited to:

GH 010

3915

Waste, parings and scrap of plastics of:

GH 011

ex 3915 10

Polymers of ethylene

GH 012

ex 3915 20

Polymers of styrene

GH 013

ex 3915 30

Polymers of vinyl chloride

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GH 014

ex 3915 90

GH 015

ex 3915 90

Polymers or copolymers, for example:
— Polypropylene
— Polyethylene terephthalate
— Acrylonitrile copolymer
— Butadiene copolymer
— Styrene copolymer
— Polyamides
— Polybutylene terephthalates
— Polycarbonates
— Polyphenylene sulphides
— Acrylic polymers
— Paraffins (C10-C13) (4)
— Polyurethane (not containing chlorofluorocarbons)
— Polysiloxalanes (silicones)
— Polymethyl metharcrylate
— Polyvinyl alcohol
— Polyvinyl butyral
— Polyvinyl acetate
— Polymers of fluorinated ethylene (Teflon, PTFE)

Resins or condensation products, for example:
— Urea formaldehyde resins
— Phenol formaldehyde resins
— Melamine formaldehyde resins
— Epoxy resins
— Alkyd resins
— Polyamides.

4. In section GI (Paper, paperboard and paper product wastes):

GI 010

GI 011

GI 012

4707

Waste and scrap of paper or paperboard:

4707 10 — Of unbleached kraft paper or paperboard or of corrugated paper or paperboard

4707 20 — Of other paper or paperboard, made mainly of bleached chemical pulp, not coloured

in the mass

GI 013

4707 30 — Of paper or paperboard made mainly of mechanical pulp (for example, newspapers,

GI 014

4707 90 — Other, including but not limited to:

journals and similar printed matter)

1. Laminated paperboard

2. Unsorted waste and scrap.

5. In section GJ (Textile wastes):

GJ 030

GJ 031

GJ 032

5202

Cotton waste (including yarn waste and garnetted stock)

5202 10 — Yarn waste (including thread waste)

5202 91 — Garnetted stock

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GJ 033

GJ 110

GJ 111

GJ 112

5202 99 — Other

5505

— Waste (including noils, yarn waste and garnetted stock) of man-made fibres

5505 10 — Of synthetic fibres

5505 20 — Of artificial fibres.

6. In section GL (Untreated cork and wood wastes):

GL 010

ex 4401 30 Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or

similar forms

GL 020

4501 90

Cork waste; crushed, granulated or ground cork.

7. In section GM (Wastes arising from agro-food industries):

GM 100

0506 90 Waste of bones and horn-cones, unworked, defatted, simply prepared (but not cut

to shape), treated with acid or degelatinised.

(*) “Non-dispersible” does not include any waste in the form of powder, sludge, dust or solid items containing encased hazardous liquids.
(**) This entry covers the use of such slags as a source of titanium dioxide and vanadium.’

ANNEX II

Annex A to Regulation (EC) No 1420/1999 is amended as follows:

In Annex A to Regulation (EC) No 1420/1999, the entry relating to Saudi Arabia is replaced by the following:
‘All types except:

In section GH (Solid Plastic Wastes):
GH 014 ex 3915 90 Waste, parings and scrap of plastics of polyurethane not containing chlorofluorocarbons.’