Common Position (EC) No 28/2005 of 24 June 2005 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a regulation of the European Parliament and of the Council on shipments of waste
Date: 2005-06-24
Institutions: Council of the European Union
Subjects: environmental protection, export of waste, export restriction, hazardous waste, intra-EU trade, waste management

23.8.2005

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Official Journal of the European Union

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 28/2005

adopted by the Council on 24 June 2005

with a view to adopting a Regulation (EC) No …/2005 of the European Parliament and of the
Council of … on shipments of waste

(2005/C 206 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

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

(3)

After consulting the Committee of the Regions,

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

Whereas:

into and out of

24 November 1994 concerning the standard consign-
ment note referred to in Council Regulation (EEC) No
259/93 on the supervision and control of shipments of
waste within,
the European Com-
munity (4) and of Commission Decision 1999/412/EC of
3 June 1999 concerning a questionnaire
the
to
reporting obligation of Member States pursuant
Article 41(2) of Council Regulation (EEC) No 259/93 (5).
Regulation (EEC) No 259/93 should therefore be
replaced in the interests of clarity.

for

of

of

on

behalf

Community,

Council Decision 93/98/EEC (6) concerned the conclu-
sion,
the
the
Basel Convention of 22 March 1989 on the control of
transboundary movements of hazardous wastes and
their disposal (7), to which the Community has been a
Party since 1994. By adapting Regulation (EEC) No
259/93, the Council has established rules to curtail and
to control such movements designed, inter alia, to make
the existing Community system for the supervision and
control of waste movements comply with the require-
ments of the Basel Convention.

(1)

(2)

The main and predominant objective and component of
this Regulation is the protection of the environment, its
effects on international trade being only incidental.

(4)

into and out of

Council Regulation (EEC) No 259/93 of 1 February
1993 on the supervision and control of shipments of
waste within,
the European Com-
munity (3) has already been significantly amended on
several occasions and requires further amendment. It is
necessary, in particular, to incorporate in that Regulation
the content of Commission Decision 94/774/EC of

Council Decision 97/640/EC (8) concerned the approval,
on behalf of the Community, of the amendment to the
Basel Convention, as laid down in Decision III/1 of the
Conference of
the Parties. By that amendment, all
exports of hazardous waste destined for disposal from
countries listed in Annex VII to the Convention to coun-
tries not listed therein were prohibited, as were, with
effect from 1 January 1998, all such exports of the
hazardous waste referred to in Article 1(1)(a) of the
Convention and destined for recovery. Regulation (EEC)
No 259/93 was amended accordingly by Council Regu-
lation (EC) No 120/97 (9).

(1) OJ C 108, 30.4.2004, p. 58.
(2) Opinion of the European Parliament of 19 November 2003 (OJ C
87 E, 7.4.2004, p. 281), Council common position of 24 June
the European Parliament of … (not yet
2005 and position of
published in the Official Journal).

(3) 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).

(4) OJ L 310, 3.12.1994, p. 70.
(5) OJ L 156, 23.6.1999, p. 37.
(6) OJ L 39, 16.2.1993, p. 1.
(7) OJ L 39, 16.2.1993, p. 3.
(8) OJ L 272, 4.10.1997, p. 45.
(9) OJ L 22, 24.1.1997, p. 14.

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(5)

(6)

(7)

(8)

(9)

In view of the fact that the Community has approved
Decision C(2001)107/Final of
the OECD Council
concerning the revision of Decision C(92)39/Final on the
control of transboundary movements of wastes destined
for recovery operations (OECD Decision),
in order to
harmonise waste lists with the Basel Convention and
revise certain other requirements,
is necessary to
incorporate the content of that Decision in Community
legislation.

it

It is important to organise and regulate the supervision
and control of shipments of waste in a way which takes
account of the need to preserve, protect and improve
the quality of the environment and human health and
the
which promotes a more uniform application of
Regulation throughout the Community.

documents and traceability) of animal by-products
within, into and out of the Community.

(11)

The Commission should report by the date of entry into
force of this Regulation on the relationship between the
existing sectoral legislation on animal and public health
and the provisions of this Regulation, and should submit
by that date any proposals needed to bring such legisla-
tion into line with this Regulation in order to achieve an
equivalent level of control.

(12) Although the supervision and control of shipments of
for that
waste within a Member State is a matter
Member State, national systems concerning shipments of
waste should take account of the need for coherence
with the Community system in order to ensure a high
level of protection of
the environment and human
health.

It is also important to bear in mind the requirement laid
down in Article 4(2)(d) of the Basel Convention that
shipments of hazardous waste are to be reduced to a
minimum, consistent with environmentally sound and
efficient management of such waste.

(13)

Furthermore, it is important to bear in mind the right of
each Party to the Basel Convention, pursuant to Article
4(1) thereof, to prohibit the import of hazardous waste
or of waste listed in Annex II to that Convention.

Shipments of waste generated by armed forces or relief
organisations should be excluded from the scope of this
Regulation when imported into the Community in
certain situations (including transit within the Com-
munity when the waste enters the Community). The
law and international
requirements of
agreements should be respected in relation to such ship-
ments. In cases where the shipment transits a Member
State on the way to recovery or disposal of the waste in
the country of destination within the Community, the
transit and the competent
competent authority of
authority of destination should be informed in advance
concerning the shipment and its destination.

international

(14)

(15)

In the case of shipments of waste destined for disposal
operations and waste not listed in Annex III, IIIA or IIIB
destined for recovery operations,
it is appropriate to
ensure optimum supervision and control by requiring
prior written consent to such shipments. Such a proce-
dure should in turn entail prior notification, which
enables the competent authorities to be duly informed
so that they can take all necessary measures for the
protection of human health and the environment.
It
should also enable those authorities to raise reasoned
objections to such a shipment.

In the case of shipments of waste listed in Annex III, IIIA
or IIIB destined for recovery operations, it is appropriate
to ensure a minimum level of supervision and control
by requiring such shipments to be accompanied by
certain information.

In view of the need for uniform application of this Regu-
lation and for the proper functioning of the internal
market, it is necessary in the interests of efficiency to
require that notifications be processed through the
competent authority of dispatch.

(10)

It is necessary to avoid duplication with Regulation (EC)
No 1774/2002 of the European Parliament and of the
Council of 3 October 2002 laying down health rules
concerning animal by-products not intended for human
consumption (1), which already contains provisions
covering the overall
consignment, channelling and
movement (collection, transport, handling, processing,
use, recovery or disposal, record keeping, accompanying

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commi-
sion Regulation (EC) No 668/2004 (OJ L 112, 19.4.2004, p. 1).

(16)

It is also important to clarify the system of financial
guarantees or equivalent insurance.

(17)

Considering the responsibility of waste producers for the
environmentally sound management of waste, the notifi-
cation and movement documents for waste shipments
should, where practicable, be filled in by the waste
producers.

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(18)

It is necessary to provide procedural safeguards for the
notifier, both in the interests of legal certainty and to
ensure uniform application of this Regulation and the
proper functioning of the internal market.

(19)

the requirement

In the case of shipments of waste for disposal, it should
be possible for Member States to implement the princi-
ples of proximity, priority for recovery and self-suffi-
ciency at Community and national levels, in accordance
with Council Directive 75/442/EEC of 15 July 1975 on
waste (1), by taking measures in accordance with the
Treaty to prohibit generally or partially or to object
systematically to such shipments. Account should also
be taken of
laid down in Directive
75/442/EEC, whereby Member States are to establish an
integrated and adequate network of waste disposal instal-
lations, in order to enable the Community as a whole to
become self-sufficient in waste disposal and the Member
States to move towards that aim individually, taking into
account geographical circumstances or the need for
specialised installations
for certain types of waste.
Member States should also be able to ensure that the
waste management facilities covered by Council Direc-
tive 96/61/EC of 24 September 1996 concerning inte-
grated pollution prevention and control (2) apply best
available techniques as defined in that Directive in
compliance with the permit of the facility, and that the
waste is treated in accordance with legally binding envir-
onmental protection standards in relation to disposal
operations established in Community legislation.

(20)

In the case of shipments of waste destined for recovery,
Member States should be able to ensure that the waste
management
facilities covered by Directive 96/61/EC
apply best available techniques as defined in that Direc-
tive in compliance with the permit of
the facility.
Member States should also be able to ensure that waste
is treated in accordance with legally binding environ-
mental protection standards in relation to recovery
operations established in Community legislation and
that,
taking account of Article 7(3) of Directive
75/442/EEC, waste is treated in accordance with waste
management plans established pursuant to that Directive
with the purpose of ensuring the implementation of
legally binding recovery or recycling obligations estab-
lished in Community legislation.

Community level, in addition to the existing provisions
of Community law, can contribute to the creation of a
high level of environmental protection across the Com-
munity, assist in the creation of a level playing field for
recycling and help to ensure that the development of an
economically viable internal market for recycling is not
hindered. Therefore there is a need to develop a Com-
munity level playing field for recycling through the
application of common standards in certain areas, as
appropriate and including in relation to secondary mate-
rials, in order to increase the quality of recycling. The
Commission should submit, as appropriate, proposals
for such standards for certain wastes and certain recy-
cling facilities as soon as practicable based on further
examination in the context of the waste strategy and
taking into account existing Community legislation and
legislation in the Member States. In the interim, it should
to
be possible, under certain conditions,
planned shipments where the related recovery would not
be in accordance with national legislation in the country
of dispatch relating to the recovery of waste.
In the
interim, the Commission should also keep under review
the situation regarding possible undesired shipments of
waste to the new Member States and,
if necessary,
submit appropriate proposals to deal with such situa-
tions.

to object

(22) An obligation should be laid down to the effect that
waste from a shipment that cannot be completed as
intended is to be taken back to the country of dispatch
or recovered or disposed of in an alternative way.

(23)

It should also be made compulsory for the person whose
action is the cause of an illegal shipment to take back
the waste involved or make alternative arrangements for
its recovery or disposal. Failing that,
the competent
authorities of dispatch or destination, as appropriate,
should intervene themselves.

(24)

It is necessary, in order to protect the environment of
the
the countries concerned,
prohibition laid down in accordance with the Basel
Convention of exports from the Community of any
waste destined for disposal in a third country other than
an EFTA (European Free Trade Association) country.

to clarify the scope of

(21)

The development of mandatory requirements for waste
facilities and the treatment of specific waste materials at

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

(2) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Regu-

lation (EC) No 1882/2003.

(25)

Countries that are Parties to the Agreement on the Euro-
pean Economic Area may adopt the control procedures
provided for shipments within the Community.

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(26)

(27)

(28)

It is also necessary, in order to protect the environment
of the countries concerned, to clarify the scope of the
prohibition of exports of hazardous waste destined for
recovery in a country to which the OECD Decision does
not apply, also laid down in accordance with the Basel
Convention. In particular, it is necessary to clarify the
list of waste to which that prohibition applies and to
ensure that it also includes the waste listed in Annex II
to the Basel Convention, namely waste collected from
households and residues from the incineration of house-
hold waste.

Specific arrangements should be maintained for exports
of non-hazardous waste destined for recovery in coun-
tries to which the OECD Decision does not apply and
provision should be made for them to be further stream-
lined at a later date.

Imports into the Community of waste for disposal
should be permitted where the exporting country is a
Party to the Basel Convention. Imports into the Com-
munity of waste for recovery should be permitted where
the exporting country is one to which the OECD Deci-
sion applies or is a Party to the Basel Convention. In
other cases, however, imports should be allowed only if
the exporting country is bound by a bilateral or multilat-
eral agreement or arrangement compatible with Com-
munity legislation and in accordance with Article 11 of
the Basel Convention, except when this is not possible
during situations of crisis, peacemaking, peacekeeping or
war.

(29)

This Regulation should be applied in accordance with
international maritime law.

(30)

(31)

the

rules

This Regulation should reflect
regarding
exports and imports of waste to and from the overseas
countries and territories laid down in Council Decision
2001/822/EC of 27 November 2001 on the association
of the overseas countries and territories with the Euro-
pean Community (Overseas Association Decision) (1).

throughout

the period of

The necessary steps should be taken to ensure that, in
accordance with Directive 75/442/EEC and other Com-
munity legislation on waste, waste shipped within the
Community and waste imported into the Community is
shipment and
managed,
including recovery or disposal in the country of destina-
tion, without endangering human health and without
using processes or methods which could harm the envir-
onment. As regards exports from the Community that
are not prohibited, efforts should be made to ensure that
the waste is managed in an environmentally sound
manner
and
including recovery or disposal in the third country of
destination. The facility which receives the waste should
be operated in accordance with human health and envir-

the period of

throughout

shipment

(1) OJ L 314, 30.11.2001, p. 1.

onmental protection standards that are broadly equiva-
lent to those established in Community legislation. A list
of non-binding guidelines should be established in which
guidance may be sought on environmentally sound
management.

(32) Member States should provide the Commission with
information concerning the implementation of
this
Regulation, both through the reports submitted to the
Secretariat of the Basel Convention and on the basis of a
separate questionnaire.

(33)

(34)

(35)

(36)

Efficient international cooperation regarding control of
shipments of waste is instrumental in ensuring that ship-
ments of hazardous waste are controlled. Information
exchange, shared responsibility and cooperative efforts
between the Community and its Member States and
third countries should be promoted with a view to
ensuring sound management of waste.

Certain Annexes to this Regulation should be adopted
by the Commission in accordance with the procedure
referred to in Article 18(2) of Directive 75/442/EEC.
This procedure should also apply to the amendment of
the Annexes to take account of scientific and technical
progress, of modifications in the relevant Community
legislation or of events connected to the OECD Decision
or to the Basel Convention and other related interna-
tional conventions and agreements.

In preparing the instructions for completing the notifica-
tion and movement documents to be set out in Annex
IC, the Commission, taking into account the OECD Deci-
sion and the Basel Convention, should specify, inter alia,
that the notification and movement documents should,
as far as possible, be on two pages and what the precise
timing is for completion of the notification and move-
ment documents in Annex IA and IB,
taking into
account Annex II. In addition, where terminology and
requirements differ between the OECD Decision or the
the specific
Basel Convention and this Regulation,
requirements should be clarified.

its potential

In considering the mixtures of wastes to be added in
Annex IIIA, the following information should be consid-
inter alia: the properties of the waste such as its
ered,
possible hazardous
for
characteristics,
contamination and its physical state; the management
aspects, such as the technological capacity to recover the
waste, and the environmental benefits arising from the
recovery operation, including whether the environmen-
tally sound management of the waste may be impaired.
The Commission should progress towards the comple-
tion of this Annex as far as possible before the date of
entry into force of this Regulation and complete this
task at the latest six months after that date.

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(37) Additional measures related to the implementation of
this Regulation should also be adopted by the Commis-
sion in accordance with the procedure referred to in
Article 18(2) of Directive 75/442/EEC. These should
include a method for calculating the financial guarantee
or equivalent insurance to be completed by the Commis-
sion, if possible, before the date of application of this
Regulation.

(38)

The measures necessary for the implementation of this
Regulation should be adopted in accordance with
Council Decision 1999/468/EC of 28 June 1999 laying
down the procedures for the exercise of implementing
powers conferred on the Commission (1).

(39)

cannot be

Since the objective of this Regulation, namely to ensure
protection of the environment when waste is subject to
shipment,
sufficiently achieved by the
Member States and can therefore, by reason of the scale
and effects thereof, be better achieved at Community
level, the Community may adopt measures in accordance
with the principle of subsidiarity as set out in Article 5
of
In accordance with the principle of
proportionality, as set out in that Article, this Regulation
does not go beyond what
is necessary in order to
achieve that objective,

the Treaty.

HAVE ADOPTED THIS REGULATION:

TITLE I

SCOPE AND DEFINITIONS

Article 1

Scope

(c) shipments of radioactive waste as defined in Article 2 of
Council Directive 92/3/Euratom of 3 February 1992 on the
supervision and control of shipments of radioactive waste
between Member States and into and out of the Com-
munity (2);

This Regulation establishes procedures

1.
and control
regimes for the shipment of waste, depending on the origin,
destination and route of
the type of waste
shipped and the type of treatment to be applied to the waste at
its destination.

the shipment,

2.

This Regulation shall apply to shipments of waste:

(a) between Member States, within the Community or with

transit through third countries;

(d) shipments which are subject to the approval requirements

of Regulation (EC) No 1774/2002;

(e) shipments of the waste referred to in point 1(b) of Article 2
of Directive 75/442/EEC, where such shipments are already
covered by other Community legislation containing similar
provisions;

(b) imported into the Community from third countries;

(c) exported from the Community to third countries;

(f) shipments of waste from the Antarctic into the Community
which are in accordance with the requirements of
the
Protocol on Environmental Protection to the Antarctic
Treaty (1991);

(d) in transit through the Community, on the way from and to

third countries.

The following shall be excluded from the scope of this

3.
Regulation:

(a) the offloading to shore of waste, including waste water and
residues, generated by the normal operation of ships and
offshore platforms, provided that such waste is subject to
the requirements of the International Convention for the
Prevention of Pollution from Ships, 1973, as modified by
the Protocol of 1978 relating thereto (Marpol 73/78), or
other binding international instruments;

(g) imports into the Community of waste generated by armed
forces or relief organisations in situations of crisis, peace-
making or peacekeeping operations where such waste is
shipped, by the armed forces or
relief organisations
concerned or on their behalf, directly or indirectly to the
country of destination. In cases where the shipment transits
a Member State on the way to recovery or disposal of the
waste
competent
country of destination,
authority of transit and the competent authority of destina-
tion shall be informed in advance concerning the shipment
and its destination.

in the

the

(b) waste generated on board aeroplanes until such waste is

offloaded in order to be recovered or disposed of;

4.
Shipments of waste from the Antarctic to countries
outside the Community, which transit through the Community,
shall be subject to Articles 35 and 48.

(1) OJ L 184, 17.7.1999, p. 23.

(2) OJ L 35, 12.2.1992, p. 24.

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Shipments of waste exclusively within a Member State

5.
shall be subject only to Article 32.

11.

‘collector’
defined in Article 1(g) of Directive 75/442/EEC;

is anyone carrying out waste collection as

Article 2

Definitions

For the purposes of this Regulation:

1.

‘waste’
75/442/EEC;

is

as defined in Article 1(a) of Directive

2.

3.

4.

‘hazardous waste’ is as defined in Article 1(4) of Council
Directive 91/689/EEC of 12 December 1991 on hazardous
waste (1);

‘mixture of wastes’ means waste that results from an inten-
tional or unintentional mixing of two or more different
wastes and for which mixture no single entry exists in
Annexes III, IIIB, IV and IVA. Waste shipped in a single
shipment of wastes, consisting of two or more wastes,
where each waste is separated, is not a mixture of wastes;

‘disposal’
75/442/EEC;

is as defined in Article 1(e) of Directive

5.

‘interim disposal’ means disposal operations D 13 to D 15
as defined in Annex II A to Directive 75/442/EEC;

12.

is anyone who acts in the role of principal to
‘dealer’
purchase and subsequently sell waste,
including such
dealers who do not take physical possession of the waste,
and as referred to in Article 12 of Directive 75/442/EEC;

13.

is anyone arranging the recovery or disposal of
‘broker’
waste on behalf of others, including such brokers who do
not take physical possession of the waste, as referred to in
Article 12 of Directive 75/442/EEC;

14.

‘consignee’ means the person or undertaking under the
jurisdiction of the country of destination to whom or to
which the waste is shipped for recovery or disposal;

15.

‘notifier’ means:

(a) in the case of a shipment originating from a Member
State, any natural or legal person under the jurisdiction
of that Member State who intends to carry out a ship-
ment of waste or intends to have a shipment of waste
carried out and to whom the duty to notify is assigned.
The notifier is one of the persons or bodies listed
below, selected in accordance with the ranking estab-
lished in this listing:

6.

‘recovery’
75/442/EEC;

is as defined in Article 1(f) of Directive

(i) the original producer; or

7.

‘interim recovery’ means recovery operations R 12 and R
13 as defined in Annex IIB to Directive 75/442/EEC;

8.

9.

‘environmentally sound management’ means taking all
practicable steps to ensure that waste is managed in a
manner that will protect human health and the environ-
ment against adverse effects which may result from such
waste;

is anyone whose activities produce waste
‘producer’
(original producer) and/or anyone who carries out pre-
processing, mixing or other operations resulting in a
change in the nature or composition of this waste (new
producer) (as defined in Article 1(b) of Directive 75/442/
EEC);

10.

‘holder’ is the producer of the waste or the natural or legal
person who is in possession of it (and as defined in Article
1(c) of Directive 75/442/EEC);

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

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

(ii) the licensed new producer who carries out opera-

tions prior to shipment; or

(iii) a licensed collector who, from various small quan-
tities of the same type of waste collected from a
variety of sources, has assembled the shipment
which is to start from a single notified location; or

(iv) a registered dealer who has been authorised in
writing by the original producer, new producer or
licensed collector specified in (i), (ii) and (iii) to act
on his behalf as notifier;

(v) a registered broker who has been authorised in
writing by the original producer, new producer or
licensed collector specified in (i), (ii) and (iii) to act
on his behalf as notifier;

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(vi) where all of the persons specified in (i), (ii), (iii),
(iv) and (v) if applicable, are unknown or insol-
vent, the holder.

19.

‘competent authority of dispatch’ means the competent
authority for the area from which the shipment is planned
to be initiated or is initiated;

Should a notifier specified in (iv) or (v) fail to fulfil any
of the take-back obligations set out in Articles 21 to
24, the original producer, new producer or licensed
collector specified in (i), (ii) or (iii) respectively who
authorised that dealer or broker to act on his behalf
shall be deemed to be the notifier for the purposes of
the said take-back obligations.
In circumstances of
illegal shipment notified by a dealer or broker specified
in (iv) or (v), the person specified in (i), (ii) or (iii) who
authorised that dealer or broker to act on his behalf
shall be deemed to be the notifier for the purposes of
this Regulation;

(b) in the case of import into, or transit through, the Com-
munity of waste that does not originate in a Member
State, any of the following natural or legal persons
under the jurisdiction of that country of dispatch who
intends to carry out a shipment of waste or intends to
have, or who has had, a shipment of waste carried out,
being either:

(i) the person designated by the law of the country of
dispatch; or, in the absence of any such designa-
tion,

(ii) the holder at the time the export took place;

16.

the Basel Convention of
‘Basel Convention’ means
22 March 1989 on the control of transboundary move-
ments of hazardous wastes and their disposal;

17.

‘OECD Decision’ means Decision C(2001)107/Final of the
OECD Council
revision of Decision
C(92)39/Final on control of transboundary movements of
wastes destined for recovery operations;

concerning the

18.

‘competent authority’ means:

20.

‘competent authority of destination’ means the competent
authority for the area to which the shipment is planned or
takes place, or in which waste is loaded prior to recovery
or disposal in an area not under the national jurisdiction
of any country;

21.

‘competent authority of
transit’ means the competent
authority for any country, other than that of the compe-
tent authority of dispatch or destination, through which
the shipment is planned or takes place;

22.

‘country of dispatch’ means any country from which a
shipment of waste is planned to be initiated or is initiated;

23.

‘country of destination’ means any country to which a
shipment of waste is planned or takes place for recovery
or disposal therein, or for the purpose of loading prior to
recovery or disposal
in an area not under the national
jurisdiction of any country;

24.

‘country of transit’ means any country, other than the
country of dispatch or destination, through which a ship-
ment of waste is planned or takes place;

25.

‘area under the national jurisdiction of a country’ means
any land or marine area within which a state exercises
administrative and regulatory responsibility in accordance
with international law as regards the protection of human
health or the environment;

26.

‘overseas countries and territories’ means the overseas
countries and territories as listed in Annex IA to Decision
2001/822/EC;

27.

‘customs office of export
is the
customs office as defined in Article 161(5) of Council
Regulation (EEC) No 2913/92 of 12 October 1992 estab-
lishing the Community Customs Code (1);

from the Community’

(a) in the case of Member States, the body designated by
the Member State concerned in accordance with
Article 52; or

28.

from the Community’

‘customs office of exit
the
customs office as defined in Article 793(2) of Commission
Regulation (EEC) No 2454/93 of 2 July 1993 laying down
provisions for the implementation of Council Regulation
(EEC) No 2913/92 establishing the Community Customs
Code (2);

is

(b) in the case of a non-Member State that is a Party to
the body designated by that
the Basel Convention,
country as the competent authority for the purposes of
that Convention in accordance with Article 5 thereof;
or

29.

‘customs office of entry into the Community’
is the
customs office where waste brought into the customs terri-
tory of the Community shall be conveyed to in accordance
with Article 38(1) of Regulation (EEC) No 2913/92;

(c) in the case of any country not referred to in either (a)
or (b), the body that has been designated as the compe-
tent authority by the country or region concerned or,
the regulatory
in the absence of such designation,
authority for the country or region, as appropriate,
which has jurisdiction over shipments of waste for
recovery or disposal or transit, as the case may be;

30.

‘import’ means any entry of waste into the Community but
excluding transit through the Community;

(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by the

2003 Act of Accession.

(2) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regu-

lation (EC) No 2286/2003 (OJ L 343, 31.12.2003, p. 1).

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31.

32.

33.

34.

‘export’ means the action of waste leaving the Community
but excluding transit through the Community;

‘transit’ means a shipment of waste or a planned shipment
of waste through one or more countries other than the
country of dispatch or destination;

‘transport’ means the carriage of waste by road, rail, air,
sea or inland waterways;

‘shipment’ means the transport of waste destined for
recovery or disposal which is planned or takes place:

(a) between a country and another country; or

(b) between a country and overseas countries and terri-
tories or other areas, under that country's protection;
or

(c) between a country and any land area which is not part

of any country under international law; or

(d) between a country and the Antarctic; or

(e) from one country through any of the areas referred to

above; or

(f) within a country through any of the areas referred to
above and which originates in and ends in the same
country; or

(g) from a geographic area not under the jurisdiction of

any country, to a country;

35.

‘illegal shipment’ means any shipment of waste effected:

(a) without notification to all

competent
concerned pursuant to this Regulation; or

authorities

(b) without

the consent of

the competent authorities

concerned pursuant to this Regulation; or

(c) with consent obtained from the competent authorities
concerned through falsification, misrepresentation or
fraud; or

(d) in a way which is not specified materially in the notifi-

cation or movement documents; or

(e) in a way which results in recovery or disposal

in
contravention of Community or international rules; or

(f) contrary to Articles 33, 35, 38, 39, 40 and 42; or

(g) which, in relation to shipments of waste as referred to

in Article 3(2) and (4), has resulted from:

(i) the waste being discovered not to be listed in

Annexes III, IIIA or IIIB; or

(ii) non-compliance with Article 3(4);

(iii) the shipment being effected in a way which is not
specified materially in the document set out in
Annex VII.

SHIPMENTS BETWEEN MEMBER STATES WITHIN THE COMMUNITY OR WITH TRANSIT THROUGH
THIRD COUNTRIES

TITLE II

Article 3

Overall procedural framework

Shipments of the following wastes shall be subject to the
1.
procedure of prior written notification and consent as laid
down in the provisions of this Title:

(b) mixtures, not classified under one single entry in Annex III,
of two or more wastes listed in Annex III, provided that the
composition of these mixtures does not impair their envir-
onmentally sound recovery
such
mixtures are listed in Annex IIIA,
in accordance with
Article 57.

and provided that

(a) if destined for disposal operations:

all wastes;

(b) if destined for recovery operations:

(i) wastes listed in Annex IV;

(ii) wastes listed in Annex IVA;

For wastes listed in Annex III, in exceptional cases, the
3.
relevant provisions shall apply as if they had been listed in
Annex IV, if they display any of the hazardous characteristics
listed in Annex III to Directive 91/689/EEC. These cases shall
be treated in accordance with Article 57.

(iii) wastes not classified under one single entry in either

Annex III, IIIB, IV or IVA;

(iv) mixtures of wastes not classified under one single entry
in either Annex III, IIIB, IV or IVA unless listed in
Annex IIIA.

2.
Shipments of the following wastes destined for recovery
shall be subject to the general requirement of being accompa-
nied by certain information as laid down in Article 18:

(a) waste listed in Annex III or IIIB;

4.
Shipments of waste explicitly destined for laboratory
analysis to assess either its physical or chemical characteristics
or to determine its suitability for recovery or disposal opera-
tions shall not be subject to the procedure of prior written noti-
fication and consent as described in paragraph 1. Instead, the
procedural requirements of Article 18 shall apply. The amount
of such waste exempted when explicitly destined for laboratory
analysis shall be determined by the minimum quantity reason-
ably needed to adequately perform the analysis in each particu-
lar case, and shall not exceed 25 kg.

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5.
Shipments of mixed municipal waste (waste entry 20 03
01) collected from private households, including where such
collection also covers such waste from other producers, to
in accordance with this
recovery or disposal facilities shall,
Regulation, be subject to the same provisions as shipments of
waste destined for disposal.

CHAPTER 1

Prior written notification and consent

Article 4

Notification

Where the notifier intends to ship waste as referred to in
Article 3(1)(a) or (b), he/she shall submit a prior written notifi-
cation to and through the competent authority of dispatch and,
if submitting a general notification, comply with Article 13.

When a notification is submitted, the following requirements
shall be fulfilled:

1. notification and movement documents:

Notification shall be effected by means of the following
documents:

(a) the notification document set out in Annex IA; and

3. additional information and documentation:

If requested by any of the competent authorities concerned,
the notifier shall supply additional information and docu-
mentation. A list of additional information and documenta-
tion that may be requested is set out in Annex II, Part 3.

A notification shall be considered properly completed when
the competent authority of destination is satisfied that the
notification document and the movement document have
been completed and that the information and documenta-
tion as listed in Annex II, Parts 1 and 2, as well as any addi-
tional information and documentation requested in accord-
ance with this paragraph and as listed in Annex II, Part 3,
have been supplied by the notifier;

4. conclusion of a contract between the notifier and the

consignee:

The notifier shall conclude a contract as described in Article
5 with the consignee for the recovery or disposal of the
notified waste.

Evidence of this contract or a declaration certifying its exis-
tence in accordance with Annex IA shall be supplied to the
competent authorities involved at the time of notification. A
copy of the contract or such evidence to the satisfaction of
the competent authority concerned shall be provided by the
notifier or consignee upon request by the competent
authority;

(b) the movement document set out in Annex IB.

ance:

5. establishment of a financial guarantee or equivalent insur-

In submitting a notification, the notifier shall fill in the noti-
fication document and, where relevant, the movement docu-
ment.

When the notifier is not the original producer in accordance
with point 15(a)(i) of Article 2, the notifier shall ensure that
this producer or one of the persons indicated in point
15(a)(ii) or (iii) of Article 2, where practicable, also signs the
notification document set out in Annex IA.

The notification document and the movement document
shall be issued to the notifier by the competent authority of
dispatch;

2.

information and documentation in the notification and
movement documents:

The notifier shall supply on, or annex to, the notification
document
listed in
information and documentation as
Annex II, Part 1. The notifier shall supply on, or annex to,
the movement document information and documentation
referred to in Annex II, Part 2, to the extent possible at the
time of notification.

A financial guarantee or equivalent insurance shall be estab-
lished as described in Article 6. A declaration to this effect
shall be made by the notifier through completion of the
appropriate part of the notification document set out in
Annex IA.

The financial guarantee or equivalent insurance (or if the
competent authority so allows, evidence of that guarantee
or insurance or a declaration certifying its existence) shall be
supplied as part of the notification document at the time of
the competent authority so allows,
notification or,
pursuant to national
legislation, at such time before the
shipment starts;

if

6. coverage of the notification:

A notification shall cover the shipment of waste from its
initial place of dispatch and including its interim and non-
interim recovery or disposal.

A notification shall be considered properly carried out when
the competent authority of dispatch is satisfied that the noti-
fication document and movement document have been
completed in accordance with the first subparagraph;

If subsequent interim or non-interim operations take place
in a country other than the first country of destination, the
non-interim operation and its destination shall be indicated
in the notification and Article 15(f) shall apply.

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Only one waste identification code shall be covered for each
notification, except for:

with the notification and the conditions specified therein
and the requirements of this Regulation; and

(a) wastes not classified under one single entry in either
Annex III, IIIB, IV or IVA. In this case, only one type of
waste shall be specified;

(b) the obligation to submit, where applicable, a notification to
the initial competent authority of the initial country of
dispatch in accordance with Article 15(f)(ii).

(b) mixtures of wastes not classified under one single entry
in either Annex III,
IV or IVA unless listed in
Annex IIIA. In this case, the code for each fraction of
the waste shall be specified in order of importance.

IIIB,

If the waste is shipped between two establishments under
5.
the control of
the contract may be
replaced by a declaration by the entity in question undertaking
to recover or dispose of the notified waste.

the same legal entity,

Article 5

Contract

Article 6

Financial guarantee

1.
All shipments of waste for which notification is required
shall be subject to the requirement of the conclusion of a
contract between the notifier and the consignee for
the
recovery or disposal of the notified waste.

1.
All shipments of waste for which notification is required
shall be subject to the requirement of a financial guarantee or
equivalent insurance covering:

(a) costs of transport;

2.
The contract shall be concluded and effective at the time
of notification and for the duration of the shipment until a
certificate is issued in accordance with Article 15(e), Article
16(e) or, where appropriate, Article 15(d).

(b) costs of recovery or disposal,

including any necessary

interim operation; and

(c) costs of storage for 90 days.

3.

The contract shall include obligations:

The

2.
equivalent
financial guarantee or
intended to cover costs arising in the context of:

insurance

is

(a) on the notifier to take the waste back if the shipment or
the recovery or disposal has not been completed as
intended or if it has been effected as an illegal shipment, in
accordance with Article 21 and Article 23(2);

(b) on the consignee to recover or dispose of the waste if it has
in accordance with

been effected as an illegal shipment,
Article 23(3); and

(c) on the consignee or the facility to provide, in accordance
with Article 16(e), a certificate that the waste has been
recovered or disposed of, in accordance with the notifica-
tion and the conditions specified therein and the require-
ments of this Regulation.

If the waste shipped is destined for interim recovery or
4.
disposal operations, the contract shall
include the following
additional obligations on the consignee or the facility of desti-
nation:

(a) cases where a shipment or the recovery or disposal cannot
be completed as intended, as referred to in Article 21; and

(b) cases where a shipment or the recovery or disposal is illegal

as referred to in Article 23.

3.
The financial guarantee or equivalent insurance shall be
established by the notifier or by another natural or legal person
on its behalf and shall be effective at the time of the notifica-
tion or, if the competent authority which approves the financial
guarantee or equivalent insurance so allows, at the latest when
the shipment starts, and shall apply to the notified shipment at
the latest when the shipment starts.

4.
The competent authority of dispatch shall approve the
financial guarantee or equivalent insurance, including the form,
wording and amount of the cover.

(a) the obligation to provide, in accordance with Article 15(d)
and, where appropriate, Article 15(e), the certificates that
the waste has been recovered or disposed of in accordance

However, in cases of import into the Community, the compe-
tent authority of destination in the Community shall review the
amount of cover and, if necessary, approve an additional finan-
cial guarantee or equivalent insurance.

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5.
The financial guarantee or equivalent insurance shall be
valid for and cover a notified shipment and completion of
recovery or disposal of the notified waste.

The financial guarantee or equivalent
insurance shall be
released when the notifier provides proof that the waste has
reached its destination and has been recovered or disposed of
in an environmentally sound manner. Such proof shall be
provided by means of the certificate referred to in Article 16(e)
or, where appropriate,
in Article 15(e) as regards interim
recovery or disposal operations.

By way of derogation from paragraph 5,

6.
if the waste
shipped is destined for interim recovery or disposal operations
and a further recovery or disposal operation takes place in the
country of destination, the financial guarantee or equivalent
insurance may be released when the waste leaves the interim
facility and the notifier provides proof that the interim opera-
tion is completed. Such proof shall be provided by means of
the certificate referred to in Article 15(d). In this case, any
further shipment to a recovery or disposal facility shall be
covered by a new financial guarantee or equivalent insurance
unless the competent authority of destination is satisfied that
such a financial guarantee or equivalent
insurance is not
required. In these circumstances, the competent authority of
destination shall be responsible for obligations arising in the
case of an illegal shipment or for take-back where the shipment
or
recovery or disposal operation cannot be
completed as intended.

the further

The competent authority within the Community which
7.
has approved the financial guarantee or equivalent insurance
shall have access thereto and shall make use of the funding,
including for the purpose of payments to other authorities
concerned, in order to meet the obligations arising in accord-
ance with Articles 22 and 24.

8.
In the case of a general notification pursuant to Article
13, a financial guarantee or equivalent insurance covering parts
of the general notification may be established, instead of one
covering the entire general notification.
the
financial guarantee or equivalent insurance shall apply to the
shipment at the latest when the notified shipment it covers
starts.

In such cases,

The financial guarantee or equivalent
insurance shall be
released when the notifier provides proof that the relevant
waste has reached its destination and has been recovered or
disposed of in an environmentally sound manner. Paragraph 5,
second subparagraph, second sentence, and paragraph 6 shall
apply mutatis mutandis.

9. Member States shall inform the Commission of provisions
of national law adopted pursuant to this Article.

Article 7

Transmission of

the notification by the competent
authority of dispatch

1.
described in the second subparagraph of Article 4(2),

Once the notification has been properly carried out, as
the

competent authority of dispatch shall retain a copy of the noti-
fication and transmit
the notification to the competent
authority of destination with copies to any competent authori-
ty(ies) of transit, and shall inform the notifier of the transmis-
sion. This shall be done within three working days of receipt of
the notification.

2.
If the notification is not properly carried out, the compe-
tent authority of dispatch shall request information and docu-
mentation from the notifier in accordance with the second sub-
paragraph of Article 4(2).

This shall be done within three working days of receipt of the
notification.

In such cases the competent authority of dispatch shall have
three working days following the receipt of the information
and/or documentation requested in which to comply with para-
graph 1.

Once the notification has been properly carried out, as
3.
described in the second subparagraph of Article 4(2),
the
competent authority of dispatch may decide within three
working days, not to proceed with the notification, if it has
objections to the shipment in accordance with Articles 11 and
12.

It shall immediately inform the notifier of its decision and of
these objections.

If, within 30 days of receipt of

4.
the
competent authority of dispatch has not transmitted the notifi-
cation as required under paragraph 1, it shall provide the noti-
fier with a reasoned explanation upon his/her request. This
shall not apply when the request for information, referred to in
paragraph 2, has not been complied with.

the notification,

Article 8

Requests for information and documentation by the
competent authorities concerned and acknowledgement
by the competent authority of destination

if any of

Following the transmission of

the notification by the
1.
competent authority of dispatch,
the competent
authorities concerned considers that additional information and
documentation is required as referred to in the second sub-
paragraph of Article 4(3), it shall request such information and
documentation from the notifier and inform the other compe-
tent authorities of such request. This shall be done within three
working days of receipt of the notification. In such cases the
competent authorities concerned shall have three working days
following the receipt of the information and documentation
requested in which to inform the competent authority of desti-
nation.

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2. When the competent authority of destination considers
that the notification has been properly completed, as described
in the second subparagraph of Article 4(3),
it shall send an
to the notifier and copies to the other
acknowledgement
competent authorities concerned. This shall be done within
three working days of receipt of the properly completed notifi-
cation.

If, within 30 days of receipt of

3.
the
competent authority of destination has not acknowledged the
notification as required under paragraph 2, it shall provide the
notifier, upon his/her request, with a reasoned explanation.

the notification,

5.
Tacit consent to a planned shipment shall expire one
calendar year after the expiry of the 30-day time limit referred
to in paragraph 1.

6.
The planned shipment may take place only after fulfil-
ment of the requirements of Article 16(a) and (b) and during
the period of validity of the tacit or written consents of all
competent authorities.

7.
The recovery or disposal of waste in relation to a planned
shipment shall be completed no later than one calendar year
from the receipt of the waste by the consignee, unless a shorter
period is indicated by the competent authorities concerned.

Article 9

The competent authorities concerned shall withdraw their

8.
consent when they have knowledge that:

Consents by the competent authorities of destination,
dispatch and transit and time periods for transport,
recovery or disposal

1.
The competent authorities of destination, dispatch and
transit shall have 30 days following the date of transmission of
the acknowledgement by the competent authority of destina-
tion in accordance with Article 8 in which to take one of the
following duly reasoned decisions in writing as regards the
notified shipment:

(a) consent without conditions;

(b) consent with conditions in accordance with Article 10; or

(c) objections in accordance with Articles 11 and 12.

Tacit consent by the competent authority of transit may be
assumed if no objection is lodged within the said 30-day time
limit.

2.
The competent authorities of destination, dispatch and,
where appropriate, transit shall transmit their decision and the
reasons therefor to the notifier in writing within the 30-day
time limit referred to in paragraph 1, with copies to the other
competent authorities concerned.

3.
The competent authorities of destination, dispatch and,
where appropriate, transit shall signify their written consent by
appropriately stamping, signing and dating the notification
document or their copies thereof.

4.
A written consent to a planned shipment shall expire one
calendar year after it is issued or on such later date as is indi-
cated in the notification document. However, this shall not
apply if a shorter period is indicated by the competent authori-
ties concerned.

(a) the composition of the waste is not as notified; or

(b) the conditions imposed on the shipment are not respected;

or

(c) the waste is not recovered or disposed of in compliance
with the permit of the facility that performs the said opera-
tion; or

(d) the waste is to be, or has been, shipped, recovered or
disposed of in a way that is not in accordance with the
information supplied on, or annexed to, the notification
and movement documents.

9.
Any withdrawal of consent shall be transmitted by means
of official notice to the notifier with copies to the other compe-
tent authorities concerned and to the consignee.

Article 10

Conditions for a shipment

1.
The competent authorities of dispatch, destination and
transit may, within 30 days following the date of transmission
of the acknowledgement of the competent authority of destina-
tion in accordance with Article 8,
lay down conditions in
connection with their consent to a notified shipment. Such
conditions may be based on one or more of the reasons speci-
fied in either Article 11 or Article 12.

2.
The competent authorities of dispatch, destination and
transit may also, within the 30-day time limit referred to in
paragraph 1, lay down conditions in respect of the transport of
waste within their jurisdiction. Such transport conditions shall
not be more stringent than those laid down in respect of
similar shipments occurring wholly within their jurisdiction
and shall take due account of existing agreements, in particular
relevant international agreements.

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3.
The competent authorities of dispatch, destination and
transit may also, within the 30-day time limit referred to in
paragraph 1, lay down a condition that their consent is to be
considered withdrawn if the financial guarantee or equivalent
insurance is not applicable at the latest when the notified ship-
ment starts, as required by Article 6(3).

4.
Conditions shall be transmitted to the notifier in writing
by the competent authority that lays them down, with copies
to the competent authorities concerned.

Conditions shall be supplied on, or annexed to, the notification
document by the relevant competent authority.

import of hazardous waste or of waste listed in Annex II to
that Convention; or

(f) that the planned shipment or disposal conflicts with obliga-
tions resulting from international conventions concluded
by the Member State(s) concerned or the Community; or

(g) that the planned shipment or disposal is not in accordance
with Directive 75/442/EEC, in particular Articles 5 and 7
thereof, while taking into account geographical circum-
stances or the need for specialised installations for certain
types of waste:

(i) in order to implement the principle of self-sufficiency

at Community and national levels; or

Article 11

(ii) in cases where the specialised installation has to
dispose of waste from a nearer source and the compe-
tent authority has given priority to this waste; or

Objections to shipments of waste destined for disposal

(iii) in order to ensure that shipments are in accordance

with waste management plans; or

1. Where a notification is submitted regarding a planned
shipment of waste destined for disposal, the competent authori-
ties of destination and dispatch may, within 30 days following
the date of transmission of the acknowledgement of the compe-
tent authority of destination in accordance with Article 8, raise
reasoned objections based on one or more of the following
grounds and in accordance with the Treaty:

(a) that the planned shipment or disposal would not be in
accordance with measures taken to implement the princi-
ples of proximity, priority for recovery and self-sufficiency
at Community and national
levels in accordance with
Directive 75/442/EEC, to prohibit generally or partially or
to object systematically to shipments of waste; or

(b) that the planned shipment or disposal would not be in
accordance with national
legislation relating to environ-
mental protection, public order, public safety or health
protection concerning actions taking place in the objecting
country; or

(c) that

the notifier or the consignee has previously been
convicted of illegal shipment or some other illegal act in
relation to environmental protection.
the
competent authorities of dispatch and destination may
refuse all shipments involving the person in question in
accordance with national legislation; or

In this case,

(d) that the notifier or the consignee has repeatedly failed to
comply with Articles 15 and 16 in connection with past
shipments; or

(e) that the Member State wishes to exercise its right pursuant
to Article 4(1) of the Basel Convention to prohibit the

(h) that the waste will be treated in a facility which is covered
by Directive 96/61/EC, but which does not apply best avail-
able techniques as defined in Article 9(4) of that Directive
in compliance with the permit of the facility; or

(i) that the waste concerned will not be treated in accordance
with legally binding environmental protection standards in
relation to disposal operations established in Community
legislation (also in cases where temporary derogations are
granted).

2.
The competent authority(ies) of transit may, within the
30-day time limit referred to in paragraph 1, raise reasoned
objections based only on paragraph 1(b), (c) and (f).

3.
In the case of hazardous waste produced in a Member
State of dispatch in such a small quantity overall per year that
the provision of new specialised disposal installations within
that Member State would be uneconomic, paragraph 1(a) shall
not apply.

The competent authority of destination shall cooperate with
the competent authority of dispatch which considers that this
paragraph and not paragraph 1(a) should apply, with a view to
resolving the issue bilaterally.

If there is no satisfactory solution, either Member State may
refer the matter to the Commission. The Commission shall
then determine the issue in accordance with the procedure
referred to in Article 18(2) of Directive 75/442/EEC.

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4.
If, within the 30-day time limit referred to in paragraph
1, the competent authorities consider that the problems which
gave rise to their objections have been resolved, they shall
immediately inform the notifier in writing, with copies to the
consignee and to the other competent authorities concerned.

5.
If the problems giving rise to the objections have not
been resolved within the 30-day time limit referred to in para-
graph 1, the notification shall cease to be valid. In cases where
the notifier still intends to carry out the shipment, a new notifi-
cation shall be submitted, unless all the competent authorities
concerned and the notifier agree otherwise.

6. Measures taken by Member States in accordance with
paragraph 1(a), to prohibit generally or partially or to object
systematically to shipments of waste destined for disposal, or in
accordance with paragraph 1(e), shall immediately be notified
inform the other Member
to the Commission which shall
States.

This shall not apply if:

(i) there is corresponding Community legislation, in par-
ticular related to waste, and if requirements that are at
least as stringent as those laid down in the Community
legislation have been introduced in national legislation
transposing such Community legislation;

(ii) the recovery operation in the country of destination
takes place under conditions that are broadly equiva-
lent to those prescribed in the national legislation of
the country of dispatch;

(iii) the national

legislation in the country of dispatch,
other than that covered by (i), has not been notified in
accordance with Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying
down a procedure for the provision of information in
the field of technical standards and regulations and of
services (1), where
rules on Information Society
required by that Directive; or

Article 12

Objections to shipments of waste destined for recovery

1. Where a notification is submitted regarding a planned
shipment of waste destined for recovery, the competent autho-
rities of destination and dispatch may, within 30 days following
the date of transmission of the acknowledgement of the compe-
tent authority of destination in accordance with Article 8, raise
reasoned objections based on one or more of the following
grounds and in accordance with the Treaty:

(a) that the planned shipment or recovery would not be in
accordance with Directive 75/442/EEC, in particular Articles
3, 4, 7 and 10 thereof; or

(b) that the planned shipment or recovery would not be in
accordance with national
legislation relating to environ-
mental protection, public order, public safety or health
protection concerning actions taking place in the objecting
country; or

(d) that

the notifier or the consignee has previously been
convicted of illegal shipment or some other illegal act in
relation to environmental protection.
the
competent authorities of dispatch and destination may
refuse all shipments involving the person in question in
accordance with national legislation; or

In this case,

(e) that the notifier or the consignee has repeatedly failed to
comply with Articles 15 and 16 in connection with past
shipments; or

(f) that the planned shipment or recovery conflicts with obli-
gations resulting from international conventions concluded
by the Member State(s) concerned or the Community; or

(g) that the ratio of the recoverable and non-recoverable waste,
the estimated value of the materials to be finally recovered
or the cost of the recovery and the cost of the disposal of
the non-recoverable fraction do not justify the recovery,
having regard to economic and/or environmental consid-
erations; or

(h) that the waste shipped is destined for disposal and not for

recovery; or

(c) that the planned shipment or recovery would not be in
accordance with national
legislation in the country of
dispatch relating to the recovery of waste, including where
the planned shipment would concern waste destined for
recovery in a facility which has lower treatment standards
for the particular waste than those of
the country of
dispatch, respecting the need to ensure the proper func-
tioning of the internal market;

(i) that the waste will be treated in a facility which is covered
by Directive 96/61/EC, but which does not apply best avail-
able techniques as defined in Article 9(4) of that Directive
in compliance with the permit of the facility; or

(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by the 2003

Act of Accession.

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(j) that the waste concerned will not be treated in accordance
with legally binding environmental protection standards in
relation to recovery operations, or legally binding recovery
or recycling obligations established in Community legisla-
tion (also in cases where temporary derogations are
granted); or

(k) that the waste concerned will not be treated in accordance
with waste management plans drawn up pursuant
to
Article 7 of Directive 75/442/EEC with the purpose of
ensuring the implementation of legally binding recovery or
recycling obligations established in Community legislation.

2.
The competent authority(ies) of transit may, within the
30-day time limit referred to in paragraph 1, raise reasoned
on
to
objections
paragraph 1(b), (d) and (f).

shipment

planned

based

only

the

3.
If, within the 30-day time limit referred to in paragraph
1, the competent authorities consider that the problems which
gave rise to their objections have been resolved, they shall
immediately inform the notifier in writing, with copies to the
consignee and to the other competent authorities concerned.

4.
If the problems giving rise to the objections are not
resolved within the 30-day time limit referred to in paragraph
1, the notification shall cease to be valid. In cases where the
notifier still intends to carry out the shipment, a new notifica-
tion shall be submitted, unless all the competent authorities
concerned and the notifier agree otherwise.

5.
Objections raised by competent authorities in accordance
with paragraph 1(c) shall be reported by Member States to the
Commission in accordance with Article 50.

6.
The Member State of dispatch shall inform the Commis-
sion and the other Member States of the national legislation on
which objections raised by competent authorities in accordance
with paragraph 1(c) may be based, and shall state to which
waste and waste recovery operations those objections apply,
before such legislation is invoked in order to raise reasoned
objections.

Article 13

General notification

The notifier may submit a general notification to cover

1.
several shipments if, in the case of each shipment:

(b) the waste is shipped to the same consignee and the same

facility; and

(c) the route of the shipment as indicated in the notification

document is the same.

If, owing to unforeseen circumstances, the same route
inform the competent
if possible,
the need for modification is

2.
cannot be followed, the notifier shall
authorities concerned as soon as possible and,
before the shipment starts if
already known.

Where the route modification is known before the shipment
starts and involves competent authorities other than those
concerned by the general notification, the general notification
may not be used and a new notification shall be submitted.

The competent authorities concerned may make their
3.
agreement
to the use of a general notification procedure
subject to the subsequent provision of additional information
and documentation,
in accordance with the second sub-
paragraph, points 2 and 3 of Article 4.

Article 14

Pre-consented recovery facilities

1.
The competent authorities of destination which have
jurisdiction over specific recovery facilities may decide to issue
pre-consents to such facilities.

Such decisions shall be limited to a specific period and may be
revoked at any time.

2.
In the case of a general notification submitted in accord-
ance with Article 13, the period of validity of the consent
referred to in Article 9(4) and (5) may be extended to up to
three years by the competent authority of destination in agree-
ment with the other competent authorities concerned.

3.
Competent authorities which decide to issue a pre-
consent to a facility in accordance with paragraphs 1 and 2
shall
the
inform the Commission and, where appropriate,
OECD Secretariat of:

(a) the name, registration number and address of the recovery

facility;

(b) the description of

technologies employed,

including R-

code(s);

(c) the wastes as listed in Annexes IV and IVA or the wastes to

which the decision applies;

(a) the waste has essentially similar physical and chemical char-

acteristics;

(d) the total pre-consented quantity;

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(e) the period of validity;

(f) any change in the pre-consent;

(g) any change in the information notified; and

(h) any revocation of the pre-consent.

For this purpose the form set out in Annex VI shall be used.

tion, that facility shall provide confirmation in writing that
the waste has been received.

This confirmation shall be supplied on, or annexed to, the
movement document. The said facility shall send signed
copies of the movement document containing this confir-
mation to the notifier and to the competent authorities
concerned.

By way of derogation from Articles 9, 10 and 12, the
4.
consent given in accordance with Article 9, conditions imposed
in accordance with Article 10 or objections raised in accord-
ance with Article 12 by the competent authorities concerned
shall be subject to a time limit of seven working days following
the date of transmission of the acknowledgement of the compe-
tent authority of destination in accordance with Article 8.

(d) As soon as possible, but no later than 30 days after
completion of the interim recovery or disposal operation,
and no later than one calendar year, or a shorter period in
accordance with Article 9(7), following the receipt of the
waste, the consignee or the facility carrying out this opera-
tion shall, under its responsibility, certify that the interim
recovery or disposal has been completed.

Notwithstanding paragraph 4, the competent authority of
5.
dispatch may decide that more time is needed in order to
receive further information or documentation from the notifier.

This certificate shall be contained in, or annexed to, the
movement document.

the competent authority shall, within seven
In such cases,
working days, inform the notifier in writing with copies to the
other competent authorities concerned.

The said facility shall send signed copies of the movement
document containing this certificate to the notifier and to
the competent authorities concerned.

The total time needed shall not exceed 30 days following the
date of transmission of the acknowledgement of the competent
authority of destination in accordance with Article 8.

Article 15

Additional provisions regarding interim recovery and
disposal operations

Shipments of waste destined for interim recovery or disposal
operations shall be subject to the following additional provi-
sions:

(a) Where a shipment of waste is destined for an interim
recovery or disposal operation, all
the facilities where
subsequent interim as well as non-interim recovery and
disposal operations are envisaged shall also be indicated in
the notification document in addition to the initial interim
recovery or disposal operation.

(b) The competent authorities of dispatch and destination may
give their consent to a shipment of waste destined for an
interim recovery or disposal operation only if there are no
grounds for objection, in accordance with Articles 11 or 12,
to the shipment(s) of waste to the facilities performing any
subsequent
interim or non-interim recovery or disposal
operations.

(c) Within three days of the receipt of the waste by the facility
which carries out this interim recovery or disposal opera-

(e) When a recovery or disposal facility which carries out an
interim recovery or disposal operation delivers the waste
for any subsequent
interim or non-interim recovery or
disposal operation to a facility located in the country of
destination, it shall obtain as soon as possible but no later
than one calendar year following delivery of the waste, or a
shorter period in accordance with Article 9(7), a certificate
from that facility that the subsequent non-interim recovery
or disposal operation has been completed.

The said facility that carries out an interim recovery or
the relevant
disposal operation shall promptly transmit
certificate(s) to the notifier and the competent authorities
concerned, identifying the shipment(s) to which the certifi-
cate(s) pertain.

(f) When a delivery as described in subparagraph (e) is made

to a facility respectively located:

(i) in the initial country of dispatch or in another Member
State, a new notification shall be required in accordance
with the provisions of this Title; or

(ii) in a third country, a new notification shall be required
in accordance with the provisions of this Regulation,
with the addition that the provisions concerning the
competent authorities concerned shall also apply to the
initial competent authority of
the initial country of
dispatch.

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Article 16

This certificate shall be contained in, or annexed to, the
movement document.

Requirements following consent to a shipment

The consignee shall send signed copies of the movement
document containing this certificate to the notifier and to
the competent authorities concerned.

After consent has been given to a notified shipment by the
competent authorities involved, all undertakings involved shall
complete the movement document, or, in the case of a general
notification, the movement documents at the points indicated,
sign it or them and retain a copy or copies. The following
requirements shall be fulfilled:

(a) Completion of the movement document by the notifier:
once the notifier has received consent from the competent
authorities of dispatch, destination and transit or, in rela-
tion to the competent authority of transit, can assume tacit
consent, he/she shall insert the actual date of shipment and
otherwise complete the movement document to the extent
possible.

(b) Prior information regarding actual start of shipment: the
notifier shall send signed copies of the then completed
movement document, as described in point
to the
competent authorities concerned and to the consignee at
least three working days before the shipment starts.

(a),

and copies of

(c) Documents to accompany each transport: the notifier shall
retain a copy of the movement document. The movement
the notification document
document
containing the written consents and the conditions of the
competent authorities concerned shall accompany each
transport. The movement document shall be retained by
the consignee.

(d) Written confirmation of

the waste by the
consignee: within three days of the receipt of the waste, the
consignee shall provide confirmation in writing that the
waste has been received.

receipt of

Article 17

Changes in the shipment after consent

1.
If any essential change is made to the details and/or
conditions of the consented shipment, including changes in the
intended quantity, route, routing, date of shipment or carrier,
the notifier shall inform the competent authorities concerned
and the consignee immediately and, where possible, before the
shipment starts.

In such cases a new notification shall be submitted, unless
the

2.
all
proposed changes do not require a new notification.

the competent authorities concerned consider that

3. Where such changes involve competent authorities other
than those concerned in the original notification, a new notifi-
cation shall be submitted.

CHAPTER 2

General information requirements

Article 18

This confirmation shall be contained in, or annexed to, the
movement document.

The consignee shall send signed copies of the movement
document containing this confirmation to the notifier and
to the competent authorities concerned.

(e) Certificate for non-interim recovery or disposal by the
consignee: as soon as possible, but no later than 30
days after completion of
the non-interim recovery or
disposal operation, and no later than one calendar year, or
a shorter period in accordance with Article 9(7), following
the consignee or the facility
the receipt of
carrying out the operation shall, under its responsibility,
certify that the non-interim recovery or disposal has been
completed.

the waste,

Waste to be accompanied by certain information

1. Waste as referred to in Article 3(2) and (4)
is
intended to be shipped from one Member State to another
Member State and/or to pass in transit through one or more
other Member States shall be subject to the following proce-
dural requirements:

that

(a) In order to assist the tracking of shipments of such waste,
the person under the jurisdiction of the country of dispatch
who arranges the shipment shall ensure that the waste is
accompanied by the document contained in Annex VII.

(b) The document contained in Annex VII shall be signed by
the person who arranges the shipment before the shipment
takes place and shall be signed by the recovery facility or
the laboratory and the consignee when the waste in ques-
tion is received.

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2.
The contract referred to in Annex VII between the person
who arranges the shipment and the consignee for recovery of
the waste shall be effective when the shipment starts and shall
include an obligation, where the shipment of waste or its
recovery cannot be completed as intended or where it has been
effected as an illegal shipment, on the person who arranges the
shipment or, where that person is not in a position to complete
the shipment of waste or its recovery (for example, is insol-
vent), on the consignee, to:

(a) take the waste back or ensure its recovery in an alternative

way, and

CHAPTER 4

Take-back obligations

Article 21

(b) provide, if necessary, for its storage in the meantime.

Take-back when a shipment cannot be completed as
intended

The person who arranges the shipment or the consignee shall
provide a copy of the contract upon request by the competent
authority concerned.

For

3.
inspection, enforcement, planning and statistical
purposes, Member States may in accordance with national
legislation require information as referred to in paragraph 1 on
shipments covered by this Article.

The information referred to in paragraph 1 shall be
4.
treated confidentially in accordance with Community and
national legislation.

CHAPTER 3

General requirements

Article 19

Prohibition on mixing waste during shipment

From the start of the shipment to the receipt in a recovery or
disposal facility, waste, as specified on the notification docu-
ment or as referred to in Article 18, shall not be mixed with
other waste.

Article 20

Keeping of documents and information

1.
All documents sent to or by the competent authorities in
relation to a notified shipment shall be kept in the Community
for at least three years from the date when the shipment starts,
by the competent authorities, the notifier and the consignee.

Information given pursuant to Article 18(1) shall be kept
2.
in the Community for at least three years from the date when
the shipment starts, by the person who arranges for the ship-
ment and the consignee.

1. Where any of
the competent authorities concerned
becomes aware that a shipment of waste, including its recovery
or disposal, cannot be completed as intended in accordance
with the terms of the notification and movement documents
and/or contract referred to in the second subparagraph of
Article 4(4) and in Article 5, it shall immediately inform the
competent authority of dispatch. Where a recovery or disposal
facility rejects a shipment received, it shall immediately inform
the competent authority of destination.

2.
The competent authority of dispatch shall ensure that,
except in cases referred to in paragraph 3, the waste in ques-
tion is taken back to its area of jurisdiction or elsewhere within
the country of dispatch by the notifier as identified in accord-
ance with the ranking established in Article 2(15), or, if imprac-
ticable, by that competent authority itself or by a natural or
legal person on its behalf.

This shall take place within 90 days, or such other period as
may be agreed between the competent authorities concerned,
after the competent authority of dispatch becomes aware or
has been advised in writing by the competent authorities of
destination or transit that the consented shipment of waste or
its recovery or disposal cannot be completed and has been
informed of the reason(s) therefor. Such advice may result from
information submitted to the competent authorities of destina-
tion or transit, inter alia, by other competent authorities.

3.
The take-back obligation in paragraph 2 shall not apply if
the competent authorities of dispatch, transit and destination
involved in disposing of or recovering the waste are satisfied
that the waste can be recovered or disposed of in an alternative
way in the country of destination or elsewhere by the notifier
or, if impracticable, by the competent authority of dispatch or
by a natural or legal person on its behalf.

The take-back obligation in paragraph 2 shall not apply if the
waste shipped has, in the course of the operation at the facility
concerned, been irreversibly mixed with other waste before a
competent authority concerned has become aware of the fact
that the notified shipment cannot be completed as referred to
in paragraph 1. Such mixture shall be recovered or disposed of
in an alternative way in accordance with the first
sub-
paragraph.

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4.
In cases of take-back as referred to in paragraph 2, a new
notification shall be submitted, unless the competent authori-
ties concerned agree that a duly reasoned request by the initial
competent authority of dispatch is sufficient.

consignee issues the certificate of non-interim recovery or
disposal as referred to in Article 16(e) or, where appropriate, in
Article 15(e).
interim recovery or disposal
referred to in Article 6(6), the subsidiary obligation of the
country of dispatch shall end when the consignee issues the
certificate referred to in Article 15(d).

In the cases of

A new notification, where appropriate, shall be submitted by
the initial notifier or, if impracticable, by any other natural or
legal persons identified in accordance with Article 2(15), or, if
impracticable, by the initial competent authority of dispatch or
by a natural or legal person on its behalf.

If a consignee issues a certificate of recovery or disposal
in
such a way as to result in an illegal shipment, with the conse-
quence that the financial guarantee is released, Article 23(3)
and Article 24(2) shall apply.

No competent authority shall oppose or object to the return of
waste from a shipment that cannot be completed or to the
related recovery and disposal operation.

5.
In cases of alternative arrangements outside the initial
country of destination as referred to in paragraph 3, a new
notification, where appropriate, shall be submitted by the
initial notifier or, if impracticable, by any other natural or legal
persons identified in accordance with Article 2(15), or,
if
impracticable, by the initial competent authority of dispatch or
by a natural or legal person on its behalf.

When such a new notification is submitted by the notifier, this
notification shall also be submitted to the competent authority
of the initial country of dispatch.

6.
In cases of alternative arrangements in the initial country
of destination as referred to in paragraph 3, a new notification
shall not be required and a duly reasoned request shall suffice.
Such a duly reasoned request, seeking agreement to the alterna-
shall be transmitted to the competent
tive arrangement,
authority of destination and dispatch by the initial notifier or, if
impracticable, to the competent authority of destination by the
initial competent authority of dispatch.

7.
If no new notification is to be submitted in accordance
with paragraphs 4 or 6, a new movement document shall be
completed in accordance with Article 15 or Article 16 by the
initial notifier or, if impracticable, by any other natural or legal
persons identified in accordance with Article 2(15), or,
if
impracticable, by the initial competent authority of dispatch or
by a natural or legal person on its behalf.

from a

including its recovery or disposal,

shipment which cannot be
9. Where waste
completed,
is discovered
within a Member State, the competent authority with jurisdic-
tion over the area where the waste was discovered shall be
responsible for ensuring that arrangements are made for the
safe storage of the waste pending its return or non-interim
recovery or disposal in an alternative way.

Article 22

Costs for take-back when a shipment cannot be completed

including costs of

Costs arising from the return of waste from a shipment
1.
that cannot be completed,
its transport,
recovery or disposal pursuant to Article 21(2) or (3) and, from
the date on which the competent authority of dispatch
becomes aware that a shipment of waste or its recovery or
disposal cannot be completed, storage costs pursuant to Article
21(9) shall be charged:

(a) to the notifier as identified in accordance with the ranking
established in point 15 of Article 2; or, if impracticable,

(b) to other natural or legal persons as appropriate; or,

if

impracticable,

(c) to the competent authority of dispatch; or, if impracticable,

(d) as otherwise agreed between the competent authorities

concerned.

This Article shall be without prejudice to Community and

2.
national provisions concerning liability.

If a new notification is submitted by the initial competent
authority of dispatch in accordance with paragraphs 4 or 5, a
new financial guarantee or equivalent insurance shall not be
required.

Article 23

Take-back when a shipment is illegal

8.
The obligation of the notifier and the subsidiary obliga-
tion of the country of dispatch to take the waste back or
arrange for alternative recovery or disposal shall end when the

1. Where a competent authority discovers a shipment that it
considers to be an illegal shipment, it shall immediately inform
the other competent authorities concerned.

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2.
If an illegal shipment is the responsibility of the notifier,
the competent authority of dispatch shall ensure that the waste
in question is:

(a) by the consignee; or, if impracticable,

(a) taken back by the notifier de facto; or, if no notification

has been submitted,

(b) taken back by the notifier de jure; or, if impracticable,

(c) taken back by the competent authority of dispatch itself or
by a natural or legal person on its behalf; or, if impractic-
able,

(d) alternatively recovered or disposed of in the country of
destination or dispatch by the competent authority of
dispatch itself or by a natural or legal person on its behalf;
or, if impracticable,

(e) alternatively recovered or disposed of in another country
by the competent authority of dispatch itself or by a
natural or legal person on its behalf if all the competent
authorities concerned agree.

This take-back, recovery or disposal shall take place within 30
days, or such other period as may be agreed between the
competent authorities concerned after the competent authority
of dispatch becomes aware of or has been advised in writing by
the competent authorities of destination or transit of the illegal
shipment and informed of the reason(s) therefor. Such advice
may result
from information submitted to the competent
authorities of destination or transit, inter alia, by other compe-
tent authorities.

In cases of take-back as referred to in (a), (b) and (c), a new
notification shall be submitted, unless the competent authori-
ties concerned agree that a duly reasoned request by the initial
competent authority of dispatch is sufficient.

The new notification shall be submitted by the person or
authority listed in (a), (b) or (c) and in accordance with that
order.

No competent authority shall oppose or object to the return of
waste of an illegal shipment. In the case of alternative arrange-
ments as referred to in (d) and (e) by the competent authority
of dispatch, a new notification shall be submitted by the initial
competent authority of dispatch or by a natural or legal person
on its behalf unless the competent authorities concerned agree
that a duly reasoned request by that authority is sufficient.

(b) by the competent authority itself or by a natural or legal

person on its behalf.

This recovery or disposal shall take place within 30 days, or
such other period as may be agreed between the competent
authorities concerned after the competent authority of destina-
tion becomes aware of or has been advised in writing by the
competent authorities of dispatch or transit of the illegal ship-
ment and informed of the reason(s) therefor. Such advice may
result from information submitted to the competent authorities
of dispatch and transit, inter alia, by other competent authori-
ties.

To this end, the competent authorities concerned shall coop-
erate, as necessary, in the recovery or disposal of the waste.

4.
If no new notification is to be submitted, a new move-
ment document shall be completed in accordance with Article
15 or 16 by the person responsible for take-back or, if imprac-
ticable, by the initial competent authority of dispatch.

If a new notification is submitted by the initial competent
authority of dispatch, a new financial guarantee or equivalent
insurance shall not be required.

5.
In particular in cases where responsibility for the illegal
shipment cannot be imputed to either the notifier or the
consignee, the competent authorities concerned shall cooperate
to ensure that the waste in question is recovered or disposed
of.

In the cases of interim recovery or disposal referred to in
6.
Article 6(6) where an illegal shipment
is discovered after
completion of the interim recovery or disposal operation, the
subsidiary obligation of the country of dispatch to take the
waste back or arrange for alternative recovery or disposal shall
end when the consignee has issued the certificate referred to in
Article 15(d).

in
If a consignee issues a certificate of recovery or disposal
such a way as to result in an illegal shipment, with the conse-
quence that the financial guarantee is released, paragraph 3 and
Article 24(2) shall apply.

If an illegal shipment is the responsibility of the consignee
3.
the competent authority of destination shall ensure that the
waste in question is recovered or disposed of in an environ-
mentally sound manner:

7. Where the waste of an illegal shipment is discovered
within a Member State, the competent authority with jurisdic-
tion over the area where the waste was discovered shall be
responsible for ensuring that arrangements are made for the
safe storage of the waste pending its return or non-interim
recovery or disposal in an alternative way.

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8.
Articles 33 and 35 shall not apply in cases where illegal
shipments are returned to the country of dispatch and that
country of dispatch is a country covered by the prohibitions set
out in those Articles.

9.
In the case of an illegal shipment as defined in Article
2(35)(g), the person who arranges the shipment shall be subject
to the same obligations established in this Article as the noti-
fier.

(c) the competent authorities of dispatch and destination.

In the case of an illegal shipment as defined in Article
4.
2(35)(g), the person who arranges the shipment shall be subject
to the same obligations established in this Article as the noti-
fier.

This Article shall be without prejudice to Community and

5.
national provisions concerning liability.

This Article shall be without prejudice to Community

10.
and national provisions concerning liability.

Article 24

Costs for take-back when a shipment is illegal

CHAPTER 5

General administrative provisions

Article 25

Format of the communications

1.
Costs arising from the take-back of waste of an illegal
shipment, including costs of its transport, recovery or disposal
pursuant to Article 23(2) and, from the date on which the
competent authority of dispatch becomes aware that a ship-
ment is illegal, storage costs pursuant to Article 23(7), shall be
charged to:

The information and documents listed below may be

1.
submitted by post:

(a) notification of a planned shipment pursuant to Articles 4

and 13;

(a) the notifier de facto, as identified in accordance with the
ranking established in of Article 2(15); or, if no notification
has been submitted,

(b) request for information and documentation pursuant to

Articles 4, 7 and 8;

(c) submission of information and documentation pursuant to

(b) the notifier de jure or other natural or legal persons as

Articles 4, 7 and 8;

appropriate; or, if impracticable,

(c) the competent authority of dispatch.

Costs arising from recovery or disposal pursuant

2.
Article 23(3),
pursuant to Article 23(7), shall be charged to:

to
including possible transport and storage costs

(a) the consignee; or, if impracticable,

(b) the competent authority of destination.

Costs arising from recovery or disposal pursuant

3.
Article 23(5),
pursuant to Article 23(7), shall be charged to:

to
including possible transport and storage costs

(a) the notifier, as identified in accordance with the ranking
established in Article 2(15),
consignee,
depending upon the decision by the competent authorities
involved; or, if impracticable,

and/or

the

(d) written consent to a notified shipment pursuant to Article

9;

(e) conditions for a shipment pursuant to Article 10;

(f) objections to a shipment pursuant to Articles 11 and 12;

(g) information on decisions to issue pre-consents to specific

recovery facilities pursuant to Article 14(3);

(h) written confirmation of receipt of the waste pursuant to

Articles 15 and 16;

(i) certificate for recovery or disposal of the waste pursuant to

Articles 15 and 16;

(j) prior information regarding actual start of the shipment

pursuant to Article 16;

(k) information on changes in the shipment after consent

pursuant to Article 17; and

(b) other natural or legal persons as appropriate; or, if imprac-

(l) written consents and movement documents to be sent

ticable,

pursuant to Titles IV, V and VI.

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2.
Subject to the agreement of the competent authorities
concerned and the notifier, the documents referred to in para-
graph 1 may alternatively be submitted using any of
the
following methods of communication:

the right of the country of destination to deal with the shipped
material in accordance with its national legislation, following
arrival of the shipped material and where such legislation is in
accordance with Community or international law.

(a) by fax; or

(b) by fax followed by post; or

(c) by e-mail with digital signature. In this case, any stamp or
signature required shall be replaced by the digital signature;
or

(d) by e-mail without digital signature followed by post.

3.
The documents to accompany each transport in accord-
ance with Article 16(c) and Article 18 may be in an electronic
form with digital signatures if they can be made readable at
any time during the transport and if this is acceptable to the
competent authorities concerned.

4.
Subject to the agreement of the competent authorities
concerned and of the notifier, the information and documents
listed in paragraph 1 may be submitted and exchanged by
means of electronic data interchange with electronic signature
or electronic authentication in accordance with Directive
1999/93/EC of the European Parliament and of the Council of
13 December 1999 on a Community framework for electronic
signatures (1), or a comparable electronic authentication system
which provides the same level of security. In such cases, organi-
sational arrangements concerning the flow of electronic data
interchange may be made.

Article 26

Language

Any notification,

1.
information, documentation or other
communication submitted pursuant to the provisions of this
Title shall be supplied in a language acceptable to the compe-
tent authorities concerned.

The notifier

2.
shall provide the competent authorities
concerned with authorised translation(s) into a language which
is acceptable to them, should they so request.

Article 27

Disagreement on classification issues

1.
If the competent authorities of dispatch and of destination
cannot agree on the classification as regards the distinction
the subject matter shall be
between waste and non-waste,
treated as if it were waste. This shall be without prejudice to

2.
If the competent authorities of dispatch and of destination
cannot agree on the classification of the notified waste as being
listed in Annex III, IIIA, IIIB or IV, the waste shall be regarded
as listed in Annex IV.

If the competent authorities of dispatch and destination
3.
cannot agree on the classification of the waste treatment opera-
tion notified as being recovery or disposal,
the provisions
regarding disposal shall apply.

4.
Paragraphs 1 to 3 shall apply only for the purposes of
this Regulation, and shall be without prejudice to rights of
interested parties to resolve any dispute related to these ques-
tions before a court of law or tribunal.

Article 28

Administrative costs

Appropriate and proportionate administrative costs of imple-
menting the notification and supervision procedures and usual
costs of appropriate analyses and inspections may be charged
to the notifier.

Article 29

Border-area agreements

1.
In exceptional cases, and if the specific geographical or
demographical situation warrants such a step, Member States
may conclude bilateral agreements making the notification
procedure for shipments of specific flows of waste less stringent
in respect of cross-border shipments to the nearest suitable
facility located in the border area between the two Member
States concerned.

2.
Such bilateral agreements may also be concluded where
waste is shipped from and treated in the country of dispatch
but transits another Member State.

3. Member States may also conclude such agreements with
countries that are Parties to the Agreement on the European
Economic Area.

(1) OJ L 13, 19.1.2000, p. 12.

Such agreements shall be notified to the Commission

4.
before they take effect.

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CHAPTER 6

Article 31

Shipments within the Community with transit via third
countries

Shipments of waste destined for recovery

Article 30

Shipments of waste destined for disposal

Where a shipment of waste takes place within the Community,
including shipments between localities in the same Member
State, with transit via one or more third countries, and the
waste is destined for disposal,
the competent authority of
dispatch shall, in addition to the provisions of this Title, ask
the competent authority in the third countries whether it
wishes to send its written consent to the planned shipment:

(a) in the case of Parties to the Basel Convention, within 60
days, unless it has waived this right in accordance with the
terms of that Convention; or

(b) in the case of countries not Parties to the Basel Convention,
within a period agreed between the competent authorities.

1. When a shipment of waste takes place within the Com-
munity,
including shipments between localities in the same
Member State, with transit via one or more third countries to
which the OECD Decision does not apply, and the waste is
destined for recovery, Article 30 shall apply.

2. When a shipment of waste takes place within the Com-
including shipments between localities in the same
munity,
Member State, with transit via one or more third countries to
which the OECD Decision applies, and the waste is destined for
recovery, the consent referred to in Article 9 may be provided
tacitly, and if no objection has been lodged or no conditions
have been specified, the shipment may start 30 days after the
date of transmission of the acknowledgement by the competent
authority of destination in accordance with Article 8.

TITLE III

SHIPMENTS EXCLUSIVELY WITHIN MEMBER STATES

Article 32

Application of this Regulation to shipments exclusively
within Member States

1. Member States shall establish an appropriate system for
the supervision and control of shipments of waste exclusively
within their jurisdiction. This system shall take account of the

need for coherence with the Community system established by
Titles II and VII.

2. Member States shall
their
system for supervision and control of shipments of waste. The
Commission shall inform the other Member States thereof.

inform the Commission of

3. Member States may apply the system provided for in
Titles II and VII within their jurisdiction.

EXPORTS FROM THE COMMUNITY TO THIRD COUNTRIES

TITLE IV

CHAPTER 1

Exports of waste for disposal

(b) if the competent authority of dispatch has reason to believe
that the waste will not be managed in an environmentally
sound manner, as referred to in Article 48, in the country
of destination concerned.

Article 33

This provision shall be without prejudice to the take-back

4.
obligations as laid down in Articles 21 and 23.

Export prohibited except to EFTA countries

All exports of waste from the Community destined for

1.
disposal shall be prohibited.

Article 34

2.
The prohibition in paragraph 1 shall not apply to exports
of waste destined for disposal in EFTA countries which are also
Parties to the Basel Convention.

However, exports of waste for disposal

3.
to an EFTA
country Party to the Basel Convention shall also be prohibited:

(a) where the EFTA country prohibits imports of such waste;

or

Procedures when exporting to EFTA countries

1. Where waste is exported from the Community and
to the
destined for disposal
Basel Convention,
shall apply
mutatis mutandis, with the adaptations and additions listed in
paragraphs 2 and 3.

in EFTA countries Parties

the provisions of Title II

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2.

The following adaptations shall apply:

(a) the competent authority of transit outside the Community
shall have 60 days following the date of transmission of its
acknowledgement of receipt of the notification in which to
request additional information on the notified shipment, to
to
provide,
require prior written consent and has informed the other
Parties thereof in accordance with Article 6(4) of the Basel
Convention, tacit consent or to give a written consent with
or without conditions; and

the country concerned has decided not

if

take the decision to consent

(b) the competent authority of dispatch in the Community
shall
to the shipment as
referred to in Article 9 only after having received written
consent from the competent authority of destination and,
where appropriate,
the
competent authority of transit outside the Community, and
not earlier than 61 days following the date of transmission
of the acknowledgement by the competent authority of
transit. The competent authority of dispatch may take the
decision before the conclusion of the 61-day time limit if it
has the written consent of the other competent authorities
concerned.

the tacit or written consent of

3.

The following additional provisions shall apply:

(a) the competent authority of transit in the Community shall
acknowledge the receipt of the notification to the notifier;

(b) the competent authorities of dispatch and, where appro-
priate, transit in the Community shall send a stamped copy
of
to the
customs office of export and to the customs office of exit
from the Community;

their decisions to consent

to the shipment

released, he/she shall bear the costs arising from the
duty to return the waste to the area of jurisdiction of
the competent authority of dispatch and from its
recovery or disposal in an alternative and environmen-
tally sound manner;

consignee

(ii) within three days of receipt of the waste for disposal,
the
the
completed movement document, except for the certifi-
cate of disposal referred to in subpoint (iii), to the noti-
fier and the competent authorities concerned; and

send signed copies of

shall

(iii) as soon as possible but no later than 30 days after
completion of disposal, and no later than one calendar
year following the receipt of the waste the consignee
the
shall, under his/her
disposal has been completed and shall send signed
copies of
the movement document containing this
certification to the notifier and to the competent
authorities concerned.

responsibility, certify that

4.

The shipment may take place only if:

(a) the notifier has received written consent from the compe-
tent authorities of dispatch, destination and, where appro-
priate, transit outside the Community and if the conditions
laid down are met;

(b) a contract between the notifier and consignee has been
concluded and is effective, as required in the second sub-
paragraph, of Article 4(4) and in Article 5;

(c) a financial guarantee or equivalent

insurance has been
established and is effective, as required in the second sub-
paragraph, Article 4(5) and in Article 6; and

(c) a copy of the movement document shall be delivered by
the carrier to the customs office of export and the customs
office of exit from the Community;

(d) environmentally sound management, as referred to in

Article 48, is ensured.

(d) as soon as the waste has left the Community, the customs
office of exit from the Community shall send a stamped
to the competent
copy of
authority of dispatch in the Community stating that the
waste has left the Community;

the movement document

(e) if, 42 days after the waste has left the Community, the
competent authority of dispatch in the Community has
received no information from the consignee about receipt
of the waste, it shall without delay inform the competent
authority of destination; and

(f) the contract referred to in the second subparagraph of

Article 4(4) and in Article 5 shall stipulate that:

(i) if a consignee issues an incorrect certificate of disposal
with the consequence that the financial guarantee is

5. Where waste is exported, it shall be destined for disposal
operations within a facility which, under applicable national
law, is operating or is authorised to operate in the country of
destination.

If a customs office of export or a customs office of exit
6.
it shall
from the Community discovers an illegal shipment,
without delay inform the competent authority in the country
of the customs office which shall:

(a) without delay inform the competent authority of dispatch

in the Community; and

(b) ensure detention of the waste until the competent authority
of dispatch has decided otherwise and has communicated
that decision in writing to the competent authority in the
country of
the customs office in which the waste is
detained.

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CHAPTER 2

Exports of waste for recovery

S e c ti on 1

E x p o r t s t o n o n - O E C D -D e c i s i o n c o u n t r i e s

Article 35

Exports prohibition

1.
Exports from the Community of the following wastes
destined for recovery in countries to which the OECD Decision
does not apply are prohibited:

(a) wastes listed as hazardous in Annex V;

(b) wastes listed in Annex V, Part 3;

4.
The fact that waste is not listed as hazardous in Annex V,
or that it is listed in Annex V, Part 1, list B, shall not preclude,
in exceptional cases, characterisation of such waste as hazar-
it
dous and therefore subject
displays any of the properties listed in Annex III to Directive
91/689/EEC, taking into account, as regards the properties H3
to H8, H10 and H11 defined in that Annex, the limit values
laid down in Decision 2000/532/EC, as provided for in Article
1(4), second indent, of Directive 91/689/EEC and in the intro-
ductory paragraph of Annex III to this Regulation.

to the export prohibition if

5.
the
In the cases referred to in paragraphs 3 and 4,
Member State concerned shall inform the envisaged country of
destination prior to taking a decision. Member States shall
notify such cases to the Commission before the end of each
calendar year. The Commission shall forward the information
to all Member States and to the Secretariat of the Basel Conven-
tion. On the basis of the information provided, the Commission
may make comments and, where appropriate, adapt Annex V
in accordance with Article 57.

(c) hazardous wastes not classified under one single entry in

Annex V;

Article 36

(d) mixtures of hazardous wastes and mixtures of hazardous
wastes with non-hazardous wastes not classified under one
single entry in Annex V;

(e) wastes that the country of destination has notified to be

hazardous under Article 3 of the Basel Convention;

(f) wastes the import of which has been prohibited by the

country of destination; or

(g) wastes which the competent authority of dispatch has
reason to believe will not be managed in an environmen-
in the
tally sound manner, as referred to in Article 48,
country of destination concerned.

This provision shall be without prejudice to the take-back

2.
obligations as set out in Articles 21 and 23.

3. Member States may,
in exceptional cases, adopt provi-
sions to determine, on the basis of documentary evidence
provided in an appropriate way by the notifier, that a specific
hazardous waste listed in Annex V is excluded from the export
prohibition if it does not display any of the properties listed in
Annex III to Directive 91/689/EEC, taking into account, as
regards the properties H3 to H8, H10 and H11 defined in that
Annex, the limit values laid down in Commission Decision
2000/532/EC of 3 May 2000 replacing Decision 94/3/EC
establishing a list of wastes pursuant to Article 1(a) of Council
Directive 75/442/EEC on waste and Council Decision 94/904/
EC establishing a list of hazardous waste pursuant to Article
1(4) of Council Directive 91/689/EEC on hazardous waste (1).

Procedures when exporting waste listed in Annex III or
IIIA

1.
In the case of waste which is listed in Annex III or IIIA
and the export of which is not prohibited under Article 35, the
Commission shall, within 20 days of the entry into force of
this Regulation, send a written request to each country to
which the OECD Decision does not apply, seeking:

(i) confirmation in writing that the waste may be exported
from the Community for recovery in that country; and

(ii) an indication as to which control procedure, if any, would

be followed in the country of destination.

Each country to which the OECD Decision does not apply shall
be given the following options:

(a) a prohibition; or

(b) a procedure of prior written notification and consent as

described in Article 34; or

(1) OJ L 226, 6.9.2000, p. 3. Decision as amended by Council Decision

2001/573/EC (OJ L 203, 28.7.2001, p. 18).

(c) no control in the country of destination.

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2.
the
Before the date of application of this Regulation,
Commission shall adopt a Regulation taking into account all
replies received pursuant to paragraph 1 and shall inform the
to Article 18 of Directive
Committee established pursuant
75/442/EEC.

If a country has not issued a confirmation as referred to in
paragraph 1 or if a country for any reason has not been
contacted, paragraph 1(b) shall apply.

The Commission shall periodically update the Regulation
adopted.

3.
If a country indicates in its reply that certain shipments
of waste are not subject to any control, Article 18 shall apply
mutatis mutandis to such shipments.

(b) waste listed in Annex IIIB shall be subject to the procedure

of prior written notification and consent;

(c) the consent as required in accordance with Article 9 may
be provided in the form of tacit consent from the compe-
tent authority of destination outside the Community.

As regards exports of waste listed in Annexes IV and IVA,

3.
the following additional provisions shall apply:

(a) the competent authorities of dispatch and, where appro-
priate, transit in the Community shall send a stamped copy
of
to the
customs office of export and to the customs office of exit
from the Community;

their decisions to consent

to the shipment

4. Where waste is exported, it shall be destined for recovery
operations within a facility which, under applicable national
law, is operating or is authorised to operate in the country of
destination.

(b) a copy of the movement document shall be delivered by
the carrier to the customs office of export and customs
office of exit from the Community;

In the case of a shipment of waste not classified under
5.
one single entry in Annex III or a shipment of mixtures of
wastes not classified under one single entry in Annex III or IIIA
or a shipment of waste classified in Annex IIIB, and provided
that the export is not prohibited pursuant to Article 35, para-
graph 1(b) of this Article shall apply.

S e c ti on 2

E xp ort s t o O E CD-De ci si o n co un t ri e s

(c) as soon as the waste has left the Community, the customs
office of exit from the Community shall send a stamped
copy of
to the competent
authority of dispatch in the Community stating that the
waste has left the Community;

the movement document

(d) if, 42 days after the waste has left the Community, the
competent authority of dispatch in the Community has
received no information from the consignee about receipt
of the waste, it shall without delay inform the competent
authority of destination; and

(e) the contract referred to in the second subparagraph of

Article 4(4) and in Article 5 shall stipulate that:

Article 37

Exports of waste listed in Annexes III, IIIA, IIIB, IV and
IVA

1. Where waste listed in Annexes III, IIIA, IIIB, IV and IVA,
waste not classified or mixtures of wastes not classified under
one single entry in either Annex III, IV or IVA are exported
from the Community and destined for recovery in countries to
which the OECD Decision applies, with or without transit
through countries to which the OECD Decision applies, the
provisions of Title II shall apply mutatis mutandis, with the
adaptations and additions listed in paragraphs 2, 3 and 5.

(i) if a consignee issues an incorrect certificate of recovery
with the consequence that the financial guarantee is
released, he/she shall bear the costs arising from the
duty to return the waste to the area of jurisdiction of
the competent authority of dispatch and from its
recovery or disposal in an alternative and environmen-
tally sound manner;

(ii) within three working days of receipt of the waste for
recovery, the consignee shall send signed copies of the
completed movement document, except for the certifi-
cate of recovery referred to in subpoint (iii), to the
notifier and the competent authorities concerned; and

2.

The following adaptations shall apply:

(a) mixtures of wastes listed in Annex IIIA destined for an
interim operation shall be subject to the procedure of prior
written notification and consent if any subsequent interim
or non-interim recovery or disposal operation is to take
place in a country to which the OECD Decision does not
apply;

(iii) as soon as possible but no later than 30 days after
completion of recovery, and no later than one calendar
year following the receipt of the waste the consignee
shall, under his/her
the
recovery has been completed and shall send signed
copies of
the movement document containing this
certification to the notifier and to the competent
authorities concerned.

responsibility, certify that

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4.

The shipment may take place only if:

(a) the notifier has received written consent from the compe-
tent authorities of dispatch, destination and, where appro-
priate, transit or, if tacit consent from the competent autho-
rities of destination and transit outside the Community is
provided or can be assumed and if the conditions laid
down are met;

(b) Article 34(4)(b), (c) and (d) is complied with.

5.
If an export as described in paragraph 1 of waste listed in
Annexes IV and IVA is in transit through a country to which
the OECD Decision does not apply, the following adaptations
shall apply:

If a customs office of export or a customs office of exit
7.
from the Community discovers an illegal shipment,
it shall
without delay inform the competent authority in the country
of the customs office which shall:

(a) without delay inform the competent authority of dispatch

in the Community; and

(b) ensure detention of the waste until the competent authority
of dispatch has decided otherwise and has communicated
that decision in writing to the competent authority in the
country of
the customs office in which the waste is
detained.

(a) the competent authority of transit to which the OECD
Decision does not apply shall have 60 days following the
date of transmission of its acknowledgement of receipt of
the notification in which to request additional information
on the notified shipment,
the country
concerned has decided not to require prior written consent
and has informed the other Parties thereof in accordance
with Article 6(4) of the Basel Convention, tacit consent or
to give a written consent with or without conditions; and

to provide,

if

take the decision to consent

(b) the competent authority of dispatch in the Community
shall
to the shipment as
referred to in Article 9 only after having received tacit or
written consent from that competent authority of transit to
which the OECD Decision does not apply, and not earlier
than 61 days following the date of transmission of the
acknowledgement of the competent authority of transit.
The competent authority of dispatch may take the decision
before the conclusion of the 61-day time limit if it has the
written consent of
authorities
the other
concerned.

competent

CHAPTER 3

General provisions

Article 38

Exports to the Antarctic

Exports of waste from the Community to the Antarctic shall be
prohibited.

Article 39

Exports to overseas countries or territories

1.
Exports from the Community of waste destined for
disposal in overseas countries or territories shall be prohibited.

2.
As regards exports of waste destined for recovery in over-
seas countries or territories, the prohibition set out in Article
35 shall apply mutatis mutandis.

6. Where waste is exported, it shall be destined for recovery
operations within a facility which, under applicable national
law, is operating or is authorised to operate in the country of
destination.

3.
As regards exports of waste destined for recovery in over-
seas countries or territories not covered by the prohibition set
out in paragraph 2, the provisions of Title II shall apply mutatis
mutandis.

IMPORTS INTO THE COMMUNITY FROM THIRD COUNTRIES

TITLE V

CHAPTER 1

Imports of waste for disposal

Article 40

Imports prohibited except from a country Party to the
Basel Convention or with an agreement in place or from
other areas during situations of crisis or war

Imports

1.
disposal shall be prohibited except those from:

into the Community of waste destined for

(a) countries which are Parties to the Basel Convention; or

(b) other countries with which the Community, or the Com-
munity and its Member States, have concluded bilateral or

multilateral agreements or arrangements compatible with
Community legislation and in accordance with Article 11
of the Basel Convention; or

(c) other countries with which individual Member States have
concluded bilateral agreements or arrangements in accord-
ance with paragraph 2; or

(d) other areas in cases where, on exceptional grounds during
situations of crisis, peacemaking, peacekeeping or war, no
bilateral agreements or arrangements pursuant to points (b)
or (c) can be concluded or where a competent authority in
the country of dispatch has either not been designated or is
unable to act.

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In exceptional cases,

individual Member States may
2.
conclude bilateral
the
disposal of specific waste in those Member States, where such
waste will not be managed in an environmentally sound
manner, as referred to in Article 48, in the country of dispatch.

and arrangements

agreements

for

These agreements and arrangements shall be compatible with
Community legislation and in accordance with Article 11 of
the Basel Convention.

These agreements and arrangements shall guarantee that the
disposal operations will be carried out in an authorised facility
and will comply with the requirements for environmentally
sound management.

(a) the competent authority of transit outside the Community
shall have 60 days following the date of transmission of its
acknowledgement of receipt of the notification in which to
request additional information on the notified shipment, to
provide,
to
require prior written consent and has informed the other
Parties thereof
the
Basel Convention, tacit consent or to give a written consent
with or without conditions; and

the country concerned has decided not

in accordance with Article 6(4) of

if

(b) in the cases referred to in Article 40(1)(d) involving situa-
the
tions of crisis, peacemaking, peacekeeping or war,
consent of the competent authorities of dispatch shall not
be required.

3.

The following additional provisions shall apply:

These agreements and arrangements shall also guarantee that
the waste is produced in the country of dispatch and that
disposal will be carried out exclusively in the Member State
which has concluded the agreement or arrangement.

(a) the competent authority of transit in the Community shall
acknowledge the receipt of the notification to the notifier,
with copies to the competent authorities concerned;

These agreements or arrangements shall be notified to the
Commission prior to their conclusion. However, in emergency
situations they may be notified up to one month after conclu-
sion.

(b) the competent authorities of destination and, where appro-
priate, transit in the Community shall send a stamped copy
of
to the
customs office of entry into the Community;

their decisions to consent

to the shipment

3.
Bilateral or multilateral agreements or arrangements
entered into in accordance with paragraph 1(b) and (c) shall be
based upon the procedural requirements of Article 41.

(c) a copy of the movement document shall be delivered by
the carrier to the customs office of entry into the Com-
munity; and

4.
The countries referred to in paragraph 1(a), (b) and (c)
shall be required to present a prior duly reasoned request to
the competent authority of the Member State of destination on
the basis that they do not have and cannot reasonably acquire
the technical capacity and the necessary facilities in order to
dispose of the waste in an environmentally sound manner.

(d) having carried out the necessary customs formalities, the
customs office of entry into the Community shall send a
stamped copy of the movement document to the compe-
tent authorities of destination and transit
in the Com-
munity, stating that the waste has entered the Community.

4.

The shipment may take place only if:

Article 41

(a) the notifier has received written consent from the compe-
tent authorities of dispatch, destination and, where appro-
priate, transit and if the conditions laid down are met;

Procedural requirements for imports from a country Party
to the Basel Convention or from other areas during situa-
tions of crisis or war

(b) a contract between the notifier and consignee has been
concluded and is effective, as required in the second sub-
paragraph of Article 4(4) and in Article 5;

imported into the Community and
1. Where waste is
to the Basel
from countries Parties
destined for disposal
Convention,
the provisions of Title II shall apply mutatis
mutandis, with the adaptations and additions listed in para-
graphs 2 and 3.

(c) a financial guarantee or equivalent

insurance has been
established and is effective, as required in the second sub-
paragraph of Article 4(5) and in Article 6; and

2.

The following adaptations shall apply:

Article 48, is ensured.

(d) environmentally sound management, as referred to in

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5.
If a customs office of entry into the Community discovers
an illegal shipment, it shall without delay inform the competent
authority in the country of the customs office which shall:

(a) without delay inform the competent authority of destina-
tion in the Community which shall inform the competent
authority of dispatch outside the Community; and

(b) ensure detention of the waste until the competent authority
of dispatch outside the Community has decided otherwise
and has communicated that decision in writing to the
competent authority in the country of the customs office in
which the waste is detained.

CHAPTER 2

Imports of waste for recovery

Article 42

Imports prohibited except
from an OECD-Decision
country or a country Party to the Basel Convention or
with an agreement in place or from other areas during
situations of crisis or war

All

1.
recovery shall be prohibited except those from:

imports into the Community of waste destined for

(a) countries to which the OECD Decision applies; or

based upon the procedural requirements of Article 41 in so far
as may be relevant.

Article 43

Procedural requirements for imports from an OECD-Deci-
sion country or from other areas during situations of
crisis or war

1. Where waste destined for recovery is imported into the
Community from countries and through countries to which the
OECD Decision applies, the provisions of Title II shall apply
mutatis mutandis, with the adaptations and additions listed in
paragraphs 2 and 3.

2.

The following adaptations shall apply:

(a) the consent as required in accordance with Article 9 may
be provided in the form of tacit consent from the compe-
tent authority of dispatch outside the Community;

(b) prior written notification in accordance with Article 4 may

be submitted by the notifier; and

(c) in the cases referred to in Article 42(1)(e) involving situa-
tions of crisis, peacemaking, peacekeeping or war,
the
consent of the competent authorities of dispatch shall not
be required.

(b) other countries which are Parties to the Basel Convention;

or

In addition, Article 41(3)(b), (c) and (d) shall be complied

3.
with.

(c) other countries with which the Community, or the Com-
munity and its Member States, have concluded bilateral or
multilateral agreements or arrangements compatible with
Community legislation and in accordance with Article 11
of the Basel Convention; or

(d) other countries with which individual Member States have
concluded bilateral agreements or arrangements in accord-
ance with paragraph 2; or

(e) other areas in cases where, on exceptional grounds during
situations of crisis, peacemaking, peacekeeping or war, no
bilateral agreements or arrangements pursuant to points (b)
or (c) can be concluded or where a competent authority in
the country of dispatch has either not been designated or is
unable to act.

In exceptional cases,

individual Member States may
2.
conclude bilateral
the
recovery of specific waste in those Member States, where such
waste will not be managed in an environmentally sound
manner, as referred to in Article 48, in the country of dispatch.

and arrangements

agreements

for

In such cases Article 40(2) shall apply.

4.

The shipment may take place only if:

(a) the notifier has received written consent from the compe-
tent authorities of dispatch, destination and, where appro-
priate,
from the competent
tacit consent
authority of dispatch outside the Community is provided or
can be assumed and if the conditions laid down are met;

transit or if

(b) a contract between the notifier and consignee has been
concluded and is effective, as required in the second sub-
paragraph of Article 4(4) and in Article 5;

(c) a financial guarantee or equivalent

insurance has been
established and is effective, as required in the second sub-
paragraph of Article 4(5) and in Article 6; and

(d) environmentally sound management, as referred to in

Article 48, is ensured.

5.
If a customs office of entry into the Community discovers
an illegal shipment, it shall without delay inform the competent
authority in the country of the customs office which shall:

3.
Bilateral or multilateral agreements or arrangements
entered into in accordance with paragraph 1(c) and (d) shall be

(a) without delay inform the competent authority of destina-
tion in the Community which shall inform the competent
authority of dispatch outside the Community; and

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(b) ensure detention of the waste until the competent authority
of dispatch outside the Community has decided otherwise
and has communicated that decision in writing to the
competent authority in the country of the customs office in
which the waste is detained.

Article 44

Procedural requirements for imports from a non-OECD-
Decision country Party to the Basel Convention or from
other areas during situations of crisis or war

Where waste destined for recovery is imported into the Com-
munity:

(a) from a country to which the OECD Decision does not

apply; or

(b) through any country to which the OECD Decision does not
apply and which is also Party to the Basel Convention,

Article 41 shall apply mutatis mutandis.

CHAPTER 3

General provisions

Article 45

Imports from overseas countries or territories

1. Where waste is imported into the Community from over-
seas countries or territories, Title II shall apply mutatis mutandis.

One or more overseas countries and territories and the
2.
Member State to which they are linked may apply national
procedures to shipments from the overseas country or territory
to that Member State.

3. Member States which apply paragraph 2 shall notify the
Commission of the national procedures applied.

TRANSIT THROUGH THE COMMUNITY FROM AND TO THIRD COUNTRIES

TITLE VI

CHAPTER 1

Transit of waste for disposal

Article 46

2. Where waste destined for recovery is shipped through
Member States from and to a country to which the OECD Deci-
sion applies, Article 43 shall apply mutatis mutandis, with the
adaptations and additions listed below:

Transit through the Community of waste destined for
disposal

Where waste destined for disposal is shipped through Member
States from and to third countries, Article 41 shall apply
mutatis mutandis, with the adaptations and additions listed
below:

(a) the first and last competent authority of transit in the Com-
munity shall, where appropriate, send a stamped copy of
the decisions to consent to the shipment or, if they have
provided tacit consent, a copy of the acknowledgement in
accordance with Article 41(3)(a) to the customs offices of
entry into and exit from the Community respectively; and

(b) as soon as the waste has left the Community, the customs
office of exit from the Community shall send a copy of the
movement document to the competent authority(ies) of
transit in the Community, stating that the waste has left the
Community.

CHAPTER 2

Transit of waste for recovery

Article 47

(a) the first and last competent authority of transit in the Com-
munity shall, where appropriate, send a stamped copy of
the decisions to consent to the shipment or, if they have
provided tacit consent, a copy of the acknowledgement in
accordance with Article 41(3)(a) to the customs offices of
entry into and exit from the Community respectively; and

(b) as soon as the waste has left the Community, the customs
office of exit from the Community shall send a copy of the
movement document to the competent authority of transit
in the Community, stating that the waste has left the Com-
munity.

Transit through the Community of waste destined for
recovery

1. Where waste destined for recovery is shipped through
Member States from and to a country to which the OECD Deci-
sion does not apply, Article 46 shall apply mutatis mutandis.

3. Where waste destined for recovery is shipped through
Member States from a country to which the OECD Decision
does not apply to a country to which the OECD Decision
applies or vice versa, paragraph 1 shall apply as regards the
country to which the OECD Decision does not apply and para-
graph 2 shall apply as regards the country to which the OECD
Decision applies.

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TITLE VII

OTHER PROVISIONS

CHAPTER 1

Additional obligations

Article 48

Protection of the environment

the notifier

The producer,

1.
and other undertakings
involved in a shipment of waste and/or its recovery or disposal
shall take the necessary steps to ensure that any waste they
ship is managed without endangering human health and in an
environmentally sound manner throughout the period of ship-
ment and during its recovery and disposal. In particular, when
the shipment takes place in the Community, the requirements
of Article 4 of Directive 75/442/EEC and other Community
legislation on waste shall be respected.

In the case of exports from the Community, the compe-

2.
tent authority of dispatch in the Community shall:

(a) require and endeavour to secure that any waste exported is
managed in an environmentally sound manner throughout
the period of shipment, including recovery as referred to in
Articles 35 and 37 or disposal as referred to in Article 33,
in the third country of destination;

(b) prohibit an export of waste to third countries if it has
reason to believe that the waste will not be managed in
accordance with the requirements of point (a).

inter

alia, be
Environmentally sound management may,
assumed as regards the waste recovery or disposal operation
concerned,
if the notifier or the competent authority in the
country of destination can demonstrate that the facility which
receives the waste will be operated in accordance with human
health and environmental protection standards that are broadly
equivalent to standards established in Community legislation.

(a) require and take the necessary steps to ensure that any
waste shipped into its area of
jurisdiction is managed
without endangering human health and without using
processes or methods which could harm the environment,
and in accordance with Article 4 of Directive 75/442/EEC
and other Community legislation on waste throughout the
period of shipment, including recovery or disposal in the
country of destination;

(b) prohibit an import of waste from third countries if it has
reason to believe that the waste will not be managed in
accordance with the requirements of point (a).

Article 49

Enforcement in Member States

1. Member States shall
lay down the rules on penalties
applicable for infringement of the provisions of this Regulation
and shall take all measures necessary to ensure that they are
implemented. The penalties provided for must be effective,
proportionate and dissuasive. Member States shall notify the
Commission of their national legislation relating to prevention
and detection of illegal shipments and penalties for such ship-
ments.

2. Member States may, by way of measures for the enforce-
ment of this Regulation, provide, inter alia, for inspections of
establishments and undertakings in accordance with Article 13
of Directive 75/442/EEC, and for spot checks on shipments of
waste or on the related recovery or disposal.

3.

Checks on shipments may take place in particular:

(a) at the point of origin, carried out with the producer, holder

or notifier;

(b) at the destination, carried out with the consignee;

This assumption shall, however, be without prejudice to the
overall assessment of environmentally sound management
throughout the period of shipment and including recovery or
disposal in the third country of destination.

(c) at the frontiers of the Community; and/or

(d) during the shipment within the Community.

For the purposes of seeking guidance on environmentally
sound management, the guidelines listed in Annex VIII may be
considered.

Checks may include the inspection of documents, the
identity and, where appropriate, physical

4.
confirmation of
checking of the waste.

In the case of imports into the Community, the compe-

3.
tent authority of destination in the Community shall:

5. Member States may cooperate, bilaterally or multilaterally,
with one another in order to facilitate the prevention and
detection of illegal shipments.

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6.
At the request of another Member State, a Member State
may take enforcement action against persons suspected of
being engaged in the illegal shipment of waste who are present
in that Member State.

Article 50

Reports by Member States

1.
Before the end of each calendar year, each Member State
for the
shall send the Commission a copy of
previous calendar year which, in accordance with Article 13(3)
of the Basel Convention, it has drawn up and submitted to the
Secretariat of that Convention.

the report

2.
Before the end of each calendar year, Member States shall
also draw up a report for the previous year based on the addi-
tional reporting questionnaire in Annex IX, and shall send it to
the Commission.

3.
The reports drawn up by Member States in accordance
with paragraphs 1 and 2 shall be submitted to the Commission
in an electronic version.

4.
The Commission shall establish every three years a
report, based on these reports, on the implementation of this
Regulation by the Community and its Member States.

Article 51

International cooperation

Member States, where appropriate and necessary in liaison with
the Commission, shall cooperate with other Parties to the Basel
inter alia, via the
Convention and inter-State organisations,
the promotion of
information,
exchange and/or sharing of
environmentally sound technologies and the development of
appropriate codes of good practice.

Article 52

Designation of competent authorities

Member States shall designate the competent authority or
authorities responsible for the implementation of this Regu-
lation. Each Member State shall designate only one single
competent authority of transit.

Article 53

Designation of correspondents

Article 54

Designation of customs offices of entry into and exit from
the Community

Member States may designate specific customs offices of entry
into and exit from the Community for shipments of waste
entering and leaving the Community. If Member States decide
to designate such customs offices, no shipment of waste shall
be allowed to use any other frontier crossing points within a
Member State for the purposes of entering or leaving the Com-
munity.

Article 55

Notification of, and information regarding, designations

1. Member States shall notify the Commission of designa-
tions of:

(a) competent authorities, pursuant to Article 52;

(b) correspondents, pursuant to Article 53; and,

(c) where appropriate, customs offices of entry into and exit

from the Community, pursuant to Article 54.

In relation to those designations, Member States shall

2.
notify the Commission of the following information:

(a) name(s);

(b) postal address(es);

(c) e-mail address(es);

(d) telephone number(s);

(e) fax number(s); and

(f) languages acceptable to the competent authorities.

3. Member States shall immediately notify the Commission
of any changes in this information.

4.
This information as well as any changes in the informa-
tion shall be submitted to the Commission in an electronic as
well as a paper version if so required.

5.
The Commission shall publish on its web-site lists of the
designated competent authorities, correspondents and customs
offices of entry into and exit from the Community, and shall
update these lists as appropriate.

CHAPTER 2

Other provisions

Article 56

Member States and the Commission shall each designate one or
more correspondents responsible for informing or advising
persons or undertakings making enquiries. The Commission
correspondent shall
the
Member States any questions put to him/her which concern
the latter, and vice versa.

forward to the correspondents of

Meeting of the correspondents

if requested by Member States or if
The Commission shall,
otherwise appropriate, periodically hold a meeting of the corre-
spondents to examine the questions raised by the implementa-
tion of this Regulation.

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Article 57

Amendment of Annexes

2. When amending Annex IX, the Committee established by
Council Directive 91/692/EEC of 23 December 1991 standar-
dising and rationalising reports on the implementation of
certain Directives relating to the environment (1) shall be fully
associated with the deliberations.

The period laid down in Article 5(6) of Decision

3.
1999/468/EC shall be set at three months.

The Annexes may be amended by the Commission by
1.
means of Regulations and in accordance with the procedure
referred to in Article 18(2) of Directive 75/442/EEC, to take
account of scientific and technical progress. In addition:

(a) Annexes I, II, III, IIIA, IV and V shall be amended to take
account of changes agreed under the Basel Convention and
in addition, Annex IC on specific
the OECD Decision;
instructions for completing the notification and movement
documents shall be completed at the latest by the date of
application of this Regulation having regard to the OECD
instructions;

(b) unclassified wastes may be added to Annex IIIB, IV or V on
a provisional basis pending a decision on their inclusion in
the relevant Annexes to the Basel Convention or to the
OECD Decision;

(c) following the submission of a request by a Member State,
mixtures of two or more wastes listed in Annex III may be
considered for inclusion in Annex IIIA in the cases referred
to in Article 3(2) on a provisional basis pending a decision
on their inclusion in the relevant Annexes to the Basel
Convention or to the OECD Decision. The initial entries to
be included in Annex IIIA shall be inserted, if practicable,
by the date of application of this Regulation and at the
latest six months after that date. Annex IIIA may contain
the proviso that one or more of the entries therein shall
not
to which the
for
OECD Decision does not apply;

to countries

exports

apply

(d) the exceptional cases referred to in Article 3(3) shall be
determined and, where necessary, such waste shall be
added to Annexes IVA and V and deleted from Annex III;

(e) Annex V shall be amended to reflect agreed changes to the
list of hazardous waste adopted in accordance with Article
1(4) of Directive 91/689/EEC;

Article 58

Additional measures

The Commission may adopt additional measures related

1.
to the implementation of this Regulation as follows:

(a) a method for calculating the financial guarantee or equiva-

lent insurance as set out in Article 6;

(b) guidelines for the application of Article 12(1)(g);

(c) further conditions and requirements in relation to pre-
consented recovery facilities as referred to in Article 14;

(d) guidelines on the application of Article 15 in relation to
the
identification and tracking of waste undergoing
substantial changes in the interim recovery or disposal
operation;

(e) guidelines for the cooperation of competent authorities
with regard to illegal shipments as referred to in Article 23;

(f) technical and organisational requirements for the practical
implementation of electronic data interchange for
the
submission of documents and information in accordance
with Article 25(4);

(g) further guidance concerning the use of languages referred

to in Article 26;

(h) further clarification of the procedural requirements of Title
imports and

II as regards their application to exports,
transit of waste from, to, and through the Community;

(i) further guidance concerning undefined legal terms.

2.
Such measures shall be decided in accordance with the
procedure referred to in Article 18(2) of Directive 75/442/EEC.

The period laid down in Article 5(6) of Decision

3.
1999/468/EC shall be set at three months.

(f) Annex VIII shall be amended to reflect relevant interna-

tional conventions and agreements.

(1) OJ L 377, 31.12.1991, p. 48. Directive as amended by Regulation

(EC) No 1882/2003.

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Article 59

Review

1.
By … (*), the Commission shall complete its review of the
relationship between existing sectoral legislation on animal and
public health, including shipments of waste covered by Regu-
lation (EC) No 1774/2002, and the provisions of this Regu-
lation. If necessary, this review shall be accompanied by appro-
priate proposals with a view to achieving an equivalent level of
procedures and control regime for the shipment of such waste.

the Commission shall
2. Within five years from … (**),
review the implementation of Article 12(1)(c),
including its
effect on environment protection and the functioning of the
internal market. If necessary, this review shall be accompanied
by appropriate proposals to amend this provision.

Article 60

Repeals

Regulation (EEC) No 259/93 and Decision 94/774/EC are

1.
hereby repealed with effect from … (***).

References made to the repealed Regulation (EEC) No

2.
259/93 shall be construed as being made to this Regulation.

Decision 1999/412/EC is hereby repealed with effect

3.
from 1 January … (****).

Article 61

Transition rules

Any shipment that has been notified and for which the
1.
competent authority of destination has given acknowledgement
before … (***) shall be subject to the provisions of Regulation
(EEC) No 259/93.

2.
Reporting pursuant to Article 41(2) of Regulation (EEC)
No 259/93 and Article 50(4) of this Regulation for the year
… (*****) shall be based on the questionnaire contained in Deci-
sion 1999/412/EC.

(*) The date of entry into force of this Regulation.
(**) The date of application of this Regulation.
(***) The date of application of this Regulation (12 months after the

date of publication).

Article 62

Transitional arrangements for certain Member States

1.
Until 30 June 2005, all shipments to Hungary of waste
for recovery listed in Annexes III and IV and shipments of
waste for recovery not listed in those Annexes shall be subject
to the procedure of prior written notification and consent in
accordance with Title II.

By way of derogation from Article 12, the competent authori-
ties shall object to shipments of waste for recovery listed in
Annexes III and IV and shipments of waste for recovery not
listed in those Annexes destined for a facility benefiting from a
temporary derogation from certain provisions of Council Direc-
tive 94/67/EC of 16 December 1994 on the incineration of
hazardous waste (1) and Directive 2001/80/EC of the European
Parliament and of the Council of 23 October 2001 on the
limitation of emissions of certain pollutants into the air from
large combustion plants (2) during the period in which the
temporary derogation is applied to the facility of destination.

2.
Until 31 December 2010, all shipments to Latvia of
waste for recovery listed in Annexes III and IV and shipments
of waste for recovery not listed in those Annexes shall be
subject
to the procedure of prior written notification and
consent in accordance with Title II.

By way of derogation from Article 12, the competent authori-
ties shall object to shipments of waste for recovery listed in
Annexes III and IV and shipments of waste for recovery not
listed in those Annexes destined for a facility benefiting from a
temporary derogation from certain provisions of Directive
96/61/EC during the period in which the temporary derogation
is applied to the facility of destination.

3.
Until 31 December 2005, all shipments to Malta of waste
for recovery listed in Annexes III and IV and shipments of
waste for recovery not listed in those Annexes shall be subject
to the procedure of prior written notification and consent in
accordance with Title II.

By way of derogation from Article 12, the competent authori-
ties shall object to shipments of waste for recovery listed in
Annexes III and IV and shipments of waste for recovery not
listed in those Annexes destined for a facility benefiting from a
temporary derogation from certain provisions of Directive
2001/80/EC during the period in which the temporary deroga-
tion is applied to the facility of destination.

(****) The year following the year of application of this Regulation (the

(1) OJ L 365, 31.12.1994, p. 34. Directive as last amended by Regu-

second year following the year of publication).

lation (EC) No 1882/2003.

(*****) The year of application of this Regulation (the year following

(2) OJ L 309, 27.11.2001, p. 1. Directive as amended by the 2003 Act

the year of publication).

of Accession.

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4.
Until 31 December 2012, all shipments to Poland of
waste for recovery listed in Annex III shall be subject to the
procedure of prior written notification and consent in accord-
ance with Title II.

By way of derogation from Article 12, until 31 December
2007, the competent authorities may raise objections to ship-
ments to Poland for recovery of the following waste listed in
Annexes III and IV in conformity with the grounds for objec-
tion laid down in Article 11:

B2020 and GE 020 (glass waste)

B2070

B2080

B2100

B2120

B3010 and GH 013 (solid plastic waste)

B3020 (paper waste)

B3140 (waste pneumatic tyres)

Y46

Y47

A4030

A4050

A4060

A4070

A4090

AB030

AB070

AB120

AB130

AB150

AC060

AC070

AC080

AC150

AC160

AC260

A1010 and A1030 (only the indents referring to arsenic and
mercury)

AD150.

A1060

A1140

A2010

A2020

A2030

A2040

A3030

A3040

A3070

A3120

A3130

A3160

A3170

With the exception of glass waste, paper waste and waste pneu-
matic tyres, this period may be extended until no later than 31
December 2012 in accordance with the procedure referred to
in Article 18(2) of Directive 75/442/EEC.

the competent authorities may raise objections

By way of derogation from Article 12, until 31 December
2012,
in
conformity with the grounds for objection laid down in Article
11 to shipments to Poland of:

(a) the following waste for recovery listed in Annex IV:

A2050

A3030

A3180, except polychlorinated naphthalenes (PCN)

A3190

A4110

A4120

RB020;

and of

A3180 (applies only in respect of polychlorinated naphthalenes
(PCN))

(b) waste for recovery not listed in the Annexes.

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By way of derogation from Article 12, competent authorities
shall object
to shipments of waste for recovery listed in
Annexes III and IV and shipments of waste for recovery not
listed in those Annexes destined for a facility benefiting from a
temporary derogation from certain provisions of Directive
96/61/EC during the period in which the temporary derogation
is applied to the facility of destination.

Until 31 December 2011, all shipments to Slovakia of
5.
waste for recovery listed in Annexes III and IV and shipments
of waste for recovery not listed in those Annexes shall be
subject
to the procedure of prior written notification and
consent in accordance with Title II.

By way of derogation from Article 12, the competent authori-
ties shall object to shipments of waste for recovery listed in
Annexes III and IV and shipments of waste for recovery not
listed in those Annexes destined for a facility benefiting from a
temporary derogation from certain provisions of Directives
94/67/EC and 96/61/EC, Directive 2000/76/EC of the Euro-
pean Parliament and of the Council of 4 December 2000 on

the incineration of waste (1), and Directive 2001/80/EC during
the period in which the temporary derogation is applied to the
facility of destination.

6. When reference is made in this Article to Title II in rela-
tion to waste listed in Annex III, Article 3(2), Article 4, second
subparagraph, point 5, and Articles 6, 11, 21, 22, 23, 24 and
30 shall not apply.

Article 63

Entry into force and application

This Regulation shall enter into force on the third day
1.
following its publication in the Official Journal of the European
Union.

It shall apply from … (*).

Subject

2.
concerned, Article 25(4) may be applied before … (*).

agreement of

the Member

to the

States

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

Done at

For the European Parliament

The President

…

For the Council

The President

…

(1) OJ L 332, 28.12.2000, p. 91.
(*) 12 months after the date of publication of this Regulation.

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ANNEX IA

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ANNEX IB

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SPECIFIC INSTRUCTIONS FOR COMPLETING THE NOTIFICATION AND MOVEMENT DOCUMENTS

ANNEX IC

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ANNEX II

INFORMATION AND DOCUMENTATION RELATED TO NOTIFICATION

Part 1:

INFORMATION TO BE SUPPLIED ON, OR ANNEXED TO, THE NOTIFICATION DOCUMENT:

1. serial number or other accepted identifier of the notification document and intended total number of shipments;

2. notifier's name, address, telephone number, fax number, e-mail address, registration number and contact person;

3.

if the notifier is not the producer: producer(s)' name, address, telephone number, fax number, e-mail address and
contact person;

4. dealer(s)' or broker(s)' name, address, telephone number, fax number, e-mail address and contact person, where the

notifier has authorised him in accordance with point 15 of Article 2;

5. recovery or disposal facility's name, address, telephone number, fax number, e-mail address, registration number,

contact person, technologies employed and possible status as pre-consented in accordance with Article 14.

If the waste is destined for an interim recovery or disposal operation, similar information regarding all facilities
where subsequent interim and non-interim recovery or disposal operations are envisaged shall be indicated.

If the recovery or disposal facility is listed in Annex I, Category 5 of Directive 96/61/EC, evidence (e.g. a declaration
certifying its existence) of a valid permit issued in accordance with Articles 4 and 5 of that Directive shall be
provided;

6. consignee's name, address, telephone number, fax number, e-mail address, registration number and contact person;

7.

intended carrier(s)' and/or their agent(s)' name, address, telephone number, fax number, e-mail address, registration
number and contact person;

8. country of dispatch and relevant competent authority;

9. countries of transit and relevant competent authorities;

10. country of destination and relevant competent authority;

11. single notification or general notification. If general notification, period of validity requested;

12. date(s) envisaged for start of the shipment(s);

13. means of transport envisaged;

14.

intended routing (point of exit from and entry into each country concerned, including customs offices of entry into
and/or exit from and/or export from the Community) and intended route (route between points of exit and entry),
including possible alternatives, also in case of unforeseen circumstances;

15. evidence of registration of the carrier(s) regarding waste transports (e.g. a declaration certifying its existence);

16. designation of the waste on the appropriate list, the source(s), description, composition and any hazardous charac-

teristics. In the case of waste from various sources, also a detailed inventory of the waste;

17. estimated maximum and minimum quantities;

18. type of packaging envisaged;

19. specification of the recovery or disposal operation(s) as referred to in Annexes IIA and IIB to Directive 75/442/EEC;

20.

if the waste is destined for recovery:

(a) the planned method of disposal for the non-recoverable fraction after recovery;

(b) the amount of recovered material in relation to non-recoverable waste;

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(c) the estimated value of the recovered material;

(d) the cost of recovery and the cost of disposal of the non-recoverable fraction;

21. evidence of insurance against liability for damage to third parties (e.g. a declaration certifying its existence);

22. evidence of a contract (or a declaration certifying its existence) between the notifier and consignee for the recovery
or disposal of the waste that has been concluded and is effective at the time of the notification, as required in the
second subparagraph, point 4 of Article 4 and in Article 5;

23. a copy of the contract or evidence of the contract (or a declaration certifying its existence) between the producer,

new producer or collector and the broker or dealer, in the event that the broker or dealer acts as notifier;

24. evidence of a financial guarantee or equivalent insurance (or a declaration certifying its existence if the competent
authority so allows) that has been established and is effective at the time of the notification or, if the competent
authority which approves the financial guarantee or equivalent insurance so allows, at the latest when the shipment
starts, as required in the second subparagraph of Article 4(5) and in Article 6;

25. certification by the notifier that the information is complete and correct to the best of his knowledge;

26. when the notifier is not the producer in accordance with Article 2(15)(a)(i), the notifier shall ensure that the
producer or one of the persons indicated in Article 2(15)(a)(ii) or (iii), where practicable, also signs the notification
document provided for in Annex IA.

Part 2:

INFORMATION TO BE SUPPLIED ON, OR ANNEXED TO, THE MOVEMENT DOCUMENT:

Supply all information listed in part 1, updated in accordance with the points set out below, and the other additional
information specified:

1. serial and total number of shipments;

2. date shipment started;

3. means of transport;

4. carrier(s)' name, address, telephone number, fax number and e-mail address;

5. routing (point of exit from and entry into each country concerned, including customs offices of entry into and/or
exit from and/or export from the Community) and route (route between points of exit and entry), including possible
alternatives, also in case of unforeseen circumstances;

6. quantities;

7. type of packaging;

8. any special precautions to be taken by the carrier(s);

9. declaration by the notifier that all necessary consents have been received from the competent authorities of the

countries concerned. This declaration must be signed by the notifier;

10. appropriate signatures for each custody transfer.

Part 3: ADDITIONAL INFORMATION AND DOCUMENTATION THAT MAY BE REQUESTED BY THE COMPETENT

AUTHORITIES:

1. the type and duration of the authorisation pursuant to which the recovery or disposal facility operates;

2. copy of the permit issued in accordance with Articles 4 and 5 of Directive 96/61/EC;

3.

information concerning the measures to be taken to ensure transport safety;

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4. the transport distance(s) between the notifier and the consignee, including possible alternative routes, also in case of
unforeseen circumstances and, in the event of intermodal transport, the place where the transfer will take place;

5.

information about costs of transport between the notifier and the consignee;

6. copy of the registration of the carrier(s) regarding the waste transport;

7. chemical analysis of the composition of the waste;

8. description of the production process of the waste;

9. description of the treatment process of the facility which receives the waste;

10. the financial guarantee or equivalent insurance or a copy thereof;

11.

information concerning the calculation of the financial guarantee or equivalent insurance as required in the second
subparagraph of Article 4(5) and in Article 6;

12. copy of the contracts referred to in Part 1, points 22 and 23;

13. copy of the policy of insurance against liability for damage to third parties;

14. any other information which is pertinent to the assessment of the notification in accordance with this Regulation

and national legislation.

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ANNEX III

LIST OF WASTES SUBJECT TO THE GENERAL REQUIREMENT OF BEING ACCOMPANIED BY CERTAIN
INFORMATION (‘GREEN’ LISTED WASTE) (1)

Regardless of whether or not wastes are included on this list, they may not be subject to the general requirement of
being accompanied by certain information if they are contaminated by other materials to an extent which:

(a) increases the risks associated with the wastes sufficiently to render them appropriate for submission to the procedure
of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex III
to Directive 91/689/EEC; or

(b) prevents the recovery of the wastes in an environmentally sound manner.

The following wastes will be subject to the general requirement of being accompanied by certain information:

Part I

wastes listed in Annex IX to the Basel Convention (2).

For the purposes of this Regulation:

(a) any reference to list A in Annex IX to the Basel Convention shall be understood as a reference to Annex IV to this

Regulation;

(b) in Basel entry B1020 the term ‘bulk finished form’ includes all metallic non-dispersible (3) forms of the scrap listed

therein;

(c) the part of Basel entry B1100 that refers to ‘Slags from copper processing’ etc. does not apply and (OECD) entry

GB040 in Part II applies instead;

(d) Basel entry B1110 does not apply and (OECD) entries GC010 and GC020 in Part II apply instead;

(e) Basel entry B2050 does not apply and (OECD) entry GG040 in Part II applies instead;

(f) the reference in Basel entry B3010 to fluorinated polymer wastes shall be deemed to include polymers and co-poly-

mers of fluorinated ethylene (PTFE).

Part II

The following wastes will also be subject to the general requirement of being accompanied by certain information:

Metal bearing wastes arising from melting, smelting and refining of metals

GB040

7112
262030
262090

Other wastes containing metals

GC010

GC020

Slags from precious metals and copper processing for further refining

Electrical assemblies consisting only of metals or alloys

Electronic scrap (e.g. printed circuit boards, electronic components, wire, etc.) and
reclaimed electronic components suitable for base and precious metal recovery

GC030

ex 890800

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

GC050

Spent fluid catalytic cracking (FCC) catalysts (e.g. aluminium oxide, zeolites)

(1) This list originates from the OECD Decision, Appendix 3.
(2) Annex IX to the Basel Convention is listed in this Regulation in Annex V, Part 1, List B.
(3) ‘Non-dispersible’ does not include any wastes in the form of powder, sludge, dust or solid items containing encased hazardous waste

liquids.

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Glass waste in non-dispersible form

GE020

ex 7001
ex 701939

Glass fibre waste

Ceramic wastes in non-dispersible form

GF010

Ceramic wastes which have been fired after shaping, including ceramic vessels (before
and/or after use)

Other wastes containing principally inorganic constituents, which may contain metals and organic materials

GG030

GG040

ex 2621

ex 2621

Solid plastic wastes

Bottom ash and slag tap from coal fired power plants

Coal fired power plants fly ash

GH013

391530
ex 390410-40

Polymers of vinyl chloride

Wastes arising from tanning and fellmongery operations and leather use

GN010

ex 050200

GN020

GN030

ex 050300

ex 050590

Waste of pigs', hogs'or boars' bristles and hair or of badger hair and other brush making
hair

Horsehair waste, whether or not put up as a layer with or without supporting material

Waste of skins and other parts of birds, with their feathers or down, of feathers and parts
of feathers (whether or not with trimmed edges) and down, not further worked than
cleaned, disinfected or treated for preservation

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MIXTURES OF TWO OR MORE WASTES LISTED IN ANNEX III AND NOT CLASSIFIED UNDER ONE
SINGLE ENTRY AS REFERRED TO IN ARTICLE 3(2)

ANNEX IIIA

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ADDITIONAL GREEN LISTED WASTE AWAITING INCLUSION IN THE RELEVANT ANNEXES TO THE
BASEL CONVENTION OR THE OECD DECISION AS REFERRED TO IN ARTICLE 57(1)(b)

ANNEX IIIB

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LIST OF WASTES SUBJECT TO THE PROCEDURE OF PRIOR WRITTEN NOTIFICATION AND CONSENT
(‘AMBER’ LISTED WASTE) (1)

ANNEX IV

Part I

The following wastes will be subject to the procedure of prior written notification and consent:

wastes listed in Annexes II and VIII to the Basel Convention (2).

For the purposes of this Regulation:

(a) any reference to list B in Annex VIII to the Basel Convention shall be understood as a reference to Annex III to this

Regulation;

(b) in Basel entry A1010, the term excluding such wastes specifically listed on List B (Annex IX) is a reference both to

Basel entry B1020 and the note on B1020 in Annex III to this Regulation, Part I (b);

(c) Basel entries A1180 and A2060 do not apply and OECD entries GC010, GC020 and GG040 in Annex III, part II

apply instead when appropriate;

(d) Basel entry A4050 includes spent potlinings from aluminium smelting because they contain Y33 inorganic cyanides.
If the cyanides have been destroyed, spent potlinings are assigned to part II entry AB120 because they contain Y32,
inorganic fluorine compounds excluding calcium fluoride.

Part II

The following wastes will also be subject to the procedure of prior written notification and consent:

Metal-bearing wastes

AA010

2619 00

Dross, scalings and other wastes from the manufacture of iron and steel (3)

AA060

2620 50

Vanadium ashes and residues (3)

AA190

8104 20
ex 8104 30

Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with
water, flammable gases in dangerous quantities

Wastes containing principally inorganic constituents, which may contain metals and organic materials

AB030

AB070

AB120

AB130

Wastes from non-cyanide based systems which arise from surface treatment of metals

Sands used in foundry operations

ex 2812 90
ex 3824

Inorganic halide compounds, not elsewhere specified or included

Used blasting grit

AB150

ex 3824 90

Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD)

(1) This list originates from the OECD Decision, Appendix 4.
(2) Annex VIII to the Basel Convention is listed in this Regulation in Annex V, part 1, list A.

Annex II to the Basel Convention contains the following entries:
Y 46 Waste collected from households unless appropriately classified under a single entry in Annex III.
Y 47 Residues arising from the incineration of household wastes.

(3) This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material

is expressly listed elsewhere.

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Wastes containing principally organic constituents, which may contain metals and inorganic materials

AC060

AC070

AC080

AC150

AC160

AC170

AC250

AC260

AC270

ex 3819 00

Hydraulic fluids

ex 3819 00

Brake fluids

ex 3820 00

Antifreeze fluids

Chlorofluorocarbons

Halons

ex 4403 10

Treated cork and wood wastes

Surface active agents (surfactants)

ex 3101

Liquid pig manure; faeces

Sewage sludge

Wastes which may contain either inorganic or organic constituents

AD090

ex 3824 90

Wastes from production, formulation and use of reprographic and photographic chemi-
cals and materials not elsewhere specified or included

AD100

AD120

AD150

Wastes from non-cyanide based systems which arise from surface treatment of plastics

ex 3914 00

Ion exchange resins

ex 3915

Naturally occurring organic material used as a filter medium (such as bio-filters)

wastes containing principally inorganic constituents, which may contain metals and organic materials

RB020

ex 6815

Ceramic based fibres of physico-chemical characteristics similar to those of asbestos

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WASTE LISTED IN ANNEX III BUT SUBJECT TO THE PROCEDURE OF PRIOR WRITTEN NOTIFICATION
AND CONSENT (ARTICLE 3(3))

ANNEX IVA

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ANNEX V

WASTE SUBJECT TO THE EXPORT PROHIBITION IN ARTICLE 35

Introductory notes

1. This Annex applies without prejudice to Directive 75/442/EEC and to Directive 91/689/EEC.

2. This Annex consists of three parts, parts 2 and 3 of which apply only when part 1 is not applicable. Consequently,
to determine whether a specific waste is listed in this Annex, an initial check must be made to ascertain whether the
waste is listed in part 1 of this Annex, and, if it does not, whether it is listed in part 2, and, if it does not, whether it
is listed in part 3.

Part 1 is divided into two subsections: list A lists wastes which are classified as hazardous by Article 1(1)(a) of the
Basel Convention, and therefore covered by the export prohibition, and list B lists wastes which are not covered by
Article 1(1)(a) of the Basel Convention, and therefore not covered by the export prohibition.

Thus, if a waste is listed in part 1, a check must be made to ascertain whether it is listed in list A or in list B. Only if
a waste is not listed in either list A or list B of part 1, must a check be made to ascertain whether it is listed either
among the hazardous waste listed in part 2 (i.e. types of waste marked with an asterisk) or in part 3, and if this is the
case, it is covered by the export prohibition.

3. Wastes listed in list B of part 1 or which are among the non-hazardous waste listed in part 2 (i.e. wastes not marked
with an asterisk) are covered by the export prohibition if they are contaminated by other materials to an extent
which

(a) increases the risks associated with the waste sufficiently to render it appropriate for submission to the procedure
of prior written notification and consent, when taking into account the hazardous characteristics listed in Annex
III to Directive 91/689/EEC; or

(b) prevents the recovery of the waste in an environmentally sound manner.

Part 1 (1)

List A (Annex VIII to the Basel Convention)

A1

METAL AND METAL-BEARING WASTES

A1010 Metal wastes and waste consisting of alloys of any of the following:

— antimony

— arsenic

— beryllium

— cadmium

— lead

— mercury

— selenium

— tellurium

— thallium

but excluding such wastes specifically listed on list B.

(1) References in lists A and B to Annexes I, III and IV refer to Annexes of the Basel Convention.

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A1020 Waste having as constituents or contaminants, excluding metal waste in massive form, any of the following:

— antimony; antimony compounds

— beryllium; beryllium compounds

— cadmium; cadmium compounds

— lead; lead compounds

— selenium; selenium compounds

— tellurium; tellurium compounds

A1030 Wastes having as constituents or contaminants any of the following:

— arsenic; arsenic compounds

— mercury; mercury compounds

— thallium; thallium compounds

A1040 Wastes having as constituents any of the following:

— metal carbonyls

— hexavalent chromium compounds

A1050 Galvanic sludges

A1060 Waste liquors from the pickling of metals

A1070 Leaching residues from zinc processing, dust and sludges such as jarosite, hematite, etc.

A1080 Waste zinc residues not included on list B, containing lead and cadmium in concentrations sufficient to exhibit

Annex III characteristics

A1090 Ashes from the incineration of insulated copper wire

A1100 Dusts and residues from gas cleaning systems of copper smelters

A1110 Spent electrolytic solutions from copper electrorefining and electrowinning operations

A1120 Waste sludges, excluding anode slimes, from electrolyte purification systems in copper electrorefining and elec-

trowinning operations

A1130 Spent etching solutions containing dissolved copper

A1140 Waste cupric chloride and copper cyanide catalysts

A1150 Precious metal ash from incineration of printed circuit boards not included on list B (1)

A1160 Waste lead-acid batteries, whole or crushed

A1170 Unsorted waste batteries excluding mixtures of only list B batteries. Waste batteries not specified on list B

containing Annex I constituents to an extent to render them hazardous

A1180 Waste electrical and electronic assemblies or scrap (2) containing components such as accumulators and other
batteries included on list A, mercury-switches, glass from cathode-ray tubes and other activated glass and PCB-
capacitors, or contaminated with Annex I constituents (e.g. cadmium, mercury, lead, polychlorinated biphenyl)
to an extent that they possess any of the characteristics contained in Annex III (note the related entry on list B,
B1110) (3)

(1) Note that mirror entry on list B (B1160) does not specify exceptions.
(2) This entry does not include scrap assemblies from electric power generation.
(3) PCBs are at a concentration level of 50 mg/kg or more.

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A2

WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND
ORGANIC MATERIALS

A2010 Glass waste from cathode-ray tubes and other activated glasses

A2020 Waste inorganic fluorine compounds in the form of liquids or sludges but excluding such wastes specified on

list B

A2030 Waste catalysts but excluding such wastes specified on list B

A2040 Waste gypsum arising from chemical industry processes, when containing Annex I constituents to the extent

that it exhibits an Annex III hazardous characteristic (note the related entry on list B, B2080)

A2050 Waste asbestos (dusts and fibres)

A2060 Coal-fired power plant fly-ash containing Annex I substances in concentrations sufficient to exhibit Annex III

characteristics (note the related entry on list B, B2050)

A3

WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND
INORGANIC MATERIALS

A3010 Waste from the production or processing of petroleum coke and bitumen

A3020 Waste mineral oils unfit for their originally intended use

A3030 Wastes that contain, consist of or are contaminated with leaded anti-knock compound sludges

A3040 Waste thermal (heat transfer) fluids

A3050 Wastes from production, formulation and use of resins, latex, plasticisers, glues/adhesives excluding such wastes

specified on list B (note the related entry on list B, B4020)

A3060 Waste nitrocellulose

A3070 Waste phenols, phenol compounds including chlorophenol in the form of liquids or sludges

A3080 Waste ethers not including those specified on list B

A3090 Waste leather dust, ash, sludges and flours when containing hexavalent chromium compounds or biocides (note

the related entry on list B, B3100)

A3100 Waste paring and other waste of leather or of composition leather not suitable for the manufacture of leather
articles containing hexavalent chromium compounds or biocides (note the related entry on list B, B3090)

A3110 Fellmongery wastes containing hexavalent chromium compounds or biocides or infectious substances (note the

related entry on list B, B3110)

A3120 Fluff — light fraction from shredding

A3130 Waste organic phosphorous compounds

A3140 Waste non-halogenated organic solvents but excluding such wastes specified on list B

A3150 Waste halogenated organic solvents

A3160 Waste halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery

operations

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A3170 Wastes arising from the production of aliphatic halogenated hydrocarbons (such as chloromethane, dichloro-

ethane, vinyl chloride, vinylidene chloride, allyl chloride and epichlorhydrin)

A3180 Wastes, substances and articles containing, consisting of or contaminated with polychlorinated biphenyl (PCB),
polychlorinated terphenyl (PCT), polychlorinated naphthalene (PCN) or polybrominated biphenyl (PBB), or any
other polybrominated analogues of these compounds, at a concentration level of 50 mg/kg or more (1)

A3190 Waste tarry residues (excluding asphalt cements) arising from refining, distillation and any pyrolitic treatment of

organic materials

A3200 Bituminous material (asphalt waste) from road construction and maintenance, containing tar (note the related

entry on list B B2130)

A4

WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

A4010 Wastes from the production, preparation and use of pharmaceutical products but excluding such wastes speci-

fied on list B

A4020 Clinical and related wastes; that is wastes arising from medical, nursing, dental, veterinary, or similar practices,
and wastes generated in hospitals or other facilities during the investigation or treatment of patients, or research
projects

A4030 Wastes from the production, formulation and use of biocides and phytopharmaceuticals, including waste pesti-

cides and herbicides which are off-specification, out-dated (2), or unfit for their originally intended use

A4040 Wastes from the manufacture, formulation and use of wood-preserving chemicals (3)

A4050 Wastes that contain, consist of or are contaminated with any of the following:

— inorganic cyanides, excepting precious-metal-bearing residues in solid form containing traces of inorganic

cyanides,

— organic cyanides

A4060 Waste oils/water, hydrocarbons/water mixtures, emulsions

A4070 Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish excluding

any such waste specified on list B (note the related entry on list B, B4010)

A4080 Wastes of an explosive nature (but excluding such wastes specified on list B)

A4090 Waste acidic or basic solutions, other than those specified in the corresponding entry on list B (note the related

entry on list B, B2120)

A4100 Wastes from industrial pollution control devices for cleaning of industrial off-gases but excluding such wastes

specified on list B

A4110 Wastes that contain, consist of or are contaminated with any of the following:

— any congenor of polychlorinated dibenzo-furan

— any congenor of polychlorinated dibenzo-dioxin

A4120 Wastes that contain, consist of or are contaminated with peroxides

(1) The 50 mg/kg level is considered to be an internationally practical level for all wastes. However, many individual countries have

established lower regulatory levels (e.g. 20 mg/kg) for specific wastes.

(2) ‘Out-dated’ means unused within the period recommended by the manufacturer.
(3) This entry does not include wood treated with wood-preserving chemicals.

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A4130 Waste packages and containers containing Annex I substances in concentrations sufficient to exhibit Annex III

hazard characteristics

A4140 Waste consisting of or containing off-specification or out-dated (1) chemicals corresponding to Annex I cate-

gories and exhibiting Annex III hazard characteristics

A4150 Waste chemical substances arising from research and development or teaching activities which are not identified

and/or are new and whose effects on human health and/or the environment are not known

A4160 Spent activated carbon not included on list B (note the related entry on list B, B2060)

List B (Annex IX to the Basel Convention)

B1

METAL AND METAL BEARING WASTES

B1010 Metal and metal-alloy wastes in metallic, non-dispersible form:

— precious metals (gold, silver, the platinum group, but not mercury)

— iron and steel scrap

— copper scrap

— nickel scrap

— aluminium scrap

— zinc scrap

— tin scrap

— tungsten scrap

— molybdenum scrap

— tantalum scrap

— magnesium scrap

— cobalt scrap

— bismuth scrap

— titanium scrap

— zirconium scrap

— manganese scrap

— germanium scrap

— vanadium scrap

— scrap of hafnium, indium, niobium, rhenium and gallium

— thorium scrap

— rare earths scrap

— chromium scrap

(1) ‘Out-dated’ means unused within the period recommended by the manufacturer.

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B1020 Clean, uncontaminated metal scrap, including alloys, in bulk finished form (sheet, plate, beams, rods, etc.):

— antimony scrap

— beryllium scrap

— cadmium scrap

— lead scrap (but excluding lead-acid batteries)

— selenium scrap

— tellurium scrap

B1030 Refractory metals containing residues

B1031 Molybdenum, tungsten, titanium, tantalum, niobium and rhenium metal and metal alloy wastes in metallic
dispersible form (metal powder), excluding such wastes as specified in list A under entry A1050, galvanic
sludges.

B1040 Scrap assemblies from electrical power generation not contaminated with lubricating oil, PCB or PCT to an

extent to render them hazardous

B1050 Mixed non-ferrous metal, heavy fraction scrap, not containing Annex I materials in concentrations sufficient to

exhibit Annex III characteristics (1)

B1060 Waste selenium and tellurium in metallic elemental form including powder

B1070 Waste of copper and copper alloys in dispersible form, unless they contain Annex I constituents to an extent

that they exhibit Annex III characteristics

B1080 Zinc ash and residues including zinc alloys residues in dispersible form unless containing Annex I constituents
in concentration such as to exhibit Annex III characteristics or exhibiting hazard characteristic H4.3 (2)

B1090 Waste batteries conforming to a specification, excluding those made with lead, cadmium or mercury

B1100 Metal-bearing wastes arising from melting, smelting and refining of metals:

— hard zinc spelter

— zinc-containing drosses:

— galvanizing slab zinc top dross (>90 % Zn)

— galvanizing slab zinc bottom dross (>92 % Zn)

— zinc die casting dross (>85 % Zn)

— hot dip galvanisers slab zinc dross (batch) (>92 % Zn)

— zinc skimmings

(1) Note that even where low level contamination with Annex I materials initially exists, subsequent processes,

including recycling

processes, may result in separated fractions containing significantly enhanced concentrations of those Annex I materials.

(2) The status of zinc ash is currently under review and there is a recommendation with United Nations Conference on Trade and Devel-

opment (UNCTAD) that zinc ashes should not be dangerous goods.

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— aluminium skimmings (or skims) excluding salt slag

— slags from copper processing for further processing or refining not containing arsenic, lead or cadmium to

an extent that they exhibit Annex iii hazard characteristics

— wastes of refractory linings, including crucibles, originating from copper smelting

— slags from precious metals processing for further refining

— tantalum bearing tin slags with less than 0,5 % tin

B1110 Electrical and electronic assemblies:

— electronic assemblies consisting only of metals or alloys

— waste electrical and electronic assemblies or scrap (1)

(including printed circuit boards) not containing
components such as accumulators and other batteries included on list A, mercury-switches, glass from
cathode-ray tubes and other activated glass and PCB-capacitors, or not contaminated with Annex I constitu-
ents (e.g. cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an
extent that they do not possess any of the characteristics contained in Annex III (note the related entry on
list A, A1180)

— electrical and electronic assemblies (including printed circuit boards, electronic components and wires)

destined for direct re-use (2) and not for recycling or final disposal (3)

B1120 Spent catalysts excluding liquids used as catalysts, containing any of:

— transition metals, excluding waste catalysts (spent
catalysts, liquid used catalysts or other catalysts) on
list A

— lanthanides (rare earth metals):

scandium
vanadium
manganese
cobalt
copper
yttrium
niobium
hafnium
tungsten

lanthanum
praseodymium
samarium
gadolinium
dysprosium
erbium
ytterbium

titanium
chromium
iron
nickel
zinc
zirconium
molybdenum
tantalum
rhenium

cerium
neody
europium
terbium
holmium
thulium
lutetium

B1130 Cleaned spent precious-metal-bearing catalysts

B1140 Precious-metal-bearing residues in solid form which contain traces of inorganic cyanides

B1150 Precious metals and alloy wastes (gold, silver, the platinum group, but not mercury) in a dispersible, non-liquid

form with appropriate packaging and labelling

B1160 Precious-metal ash from the incineration of printed circuit boards (note the related entry on list A, A1150)

B1170 Precious-metal ash from the incineration of photographic film

B1180 Waste photographic film containing silver halides and metallic silver

(1) This entry does not include scrap from electrical power generation.
(2) Re-use can include repair, refurbishment or upgrading, but not major reassembly.
(3) In some countries these materials destined for direct re-use are not considered wastes.

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B1190 Waste photographic paper containing silver halides and metallic silver

B1200 Granulated slag arising from the manufacture of iron and steel

B1210 Slag arising from the manufacture of iron and steel including slags as a source of TiO2 and vanadium

B1220 Slag from zinc production, chemically stabilised, having a high iron content (above 20 %) and processed

according to industrial specifications (e.g. DIN 4301) mainly for construction

B1230 Mill scaling arising from the manufacture of iron and steel

B1240 Copper oxide mill-scale

B1250 Waste end-of-life motor vehicles, containing neither liquids nor other hazardous components

B2

WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND
ORGANIC MATERIALS

B2010 Wastes from mining operations in non-dispersible form:

— natural graphite waste

— slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise

— mica waste

— leucite, nepheline and nepheline syenite waste

— feldspar waste

— fluorspar waste

— silica wastes in solid form excluding those used in foundry operations

B2020 Glass waste in non-dispersible form:

— cullet and other waste and scrap of glass except for glass from cathode-ray tubes and other activated glasses

B2030 Ceramic wastes in non-dispersible form:

— cermet wastes and scrap (metal ceramic composites)

— ceramic based fibres not elsewhere specified or included

B2040 Other wastes containing principally inorganic constituents:

— partially refined calcium sulphate produced from flue-gas desulphurisation (FGD)

— waste gypsum wallboard or plasterboard arising from the demolition of buildings

— 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

— sulphur in solid form

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

— sodium, potassium, calcium chlorides

— carborundum (silicon carbide)

— broken concrete

— lithium-tantalum and lithium-niobium containing glass scraps

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B2050 Coal-fired power plant fly-ash, not included on list A (note the related entry on list A, A2060)

B2060 Spent activated carbon not containing any Annex I constituents to an extent they exhibit Annex III characteris-
tics, for example, carbon resulting from the treatment of potable water and processes of the food industry and
vitamin production (note the related entry on list A A4160)

B2070 Calcium fluoride sludge

B2080 Waste gypsum arising from chemical industry processes not included on list A (note the related entry on list A,

A2040)

B2090 Waste anode butts from steel or aluminium production made of petroleum coke or bitumen and cleaned to
industry specifications (excluding anode butts from chlor alkali electrolyses and from metallurgical

normal
industry)

B2100 Waste hydrates of aluminium and waste alumina and residues from alumina production excluding such materials

used for gas cleaning, flocculation or filtration processes

B2110 Bauxite residue (red mud) (pH moderated to less than 11,5)

B2120 Waste acidic or basic solutions with a pH greater than 2 and less than 11,5, which are not corrosive or other-

wise hazardous (note the related entry on list A, A4090)

B2130 Bituminous material (asphalt waste) from road construction and maintenance, not containing tar (1) (note the

related entry on list A A3200)

B3

WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND
INORGANIC MATERIALS

B3010 Solid plastic waste:

The following plastic or mixed plastic materials, provided they are not mixed with other wastes and are prepared
to a specification:

— scrap plastic of non-halogenated polymers and co-polymers, including but not limited to the following (2):

— ethylene

— styrene

— polypropylene

— polyethylene terephthalate

— acrylonitrile

— butadiene

— polyacetals

— polyamides

— polybutylene terephthalate

— polycarbonates

— polyethers

— polyphenylene sulphides

— acrylic polymers

(1) The concentration level of benzol[a]pyrene should not be 50mg/kg or more.
(2) It is understood that such scraps are completely polymerised.

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— alkanes C10-C13 (plasticiser)

— polyurethane (not containing CFCs)

— polysiloxanes

— polymethyl methacrylate

— polyvinyl alcohol

— polyvinyl butyral

— polyvinyl acetate

— cured waste resins or condensation products including the following:

— urea formaldehyde resins

— phenol formaldehyde resins

— melamine formaldehyde resins

— expoxy resins

— alkyd resins

— polyamides

— the following fluorinated polymer wastes (1):

— perfluoroethylene/propylene (FEP)

— perfluoro alkoxyl alkane

— tetrafluoroethylene/per fluoro vinyl ether (PFA)

— tetrafluoroethylene/per fluoro methylvinyl ether (MFA)

— polyvinylfluoride (PVF)

— polyvinylidenefluoride (PVDF)

B3020 Paper, paperboard and paper product wastes

The following materials, provided they are not mixed with hazardous wastes:

waste and scrap of paper or paperboard of:

— unbleached paper or paperboard or of corrugated paper or paperboard

— other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass

— paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed

matter)

— other, including but not limited to

1.

laminated paperboard

2. unsorted scrap

B3030 Textile wastes

The following materials, provided they are not mixed with other wastes and are prepared to a specification:

— silk waste (including cocoons unsuitable for reeling, yarn waste and garneted stock)

— not carded or combed

— other

(1) — Post-consumer wastes are excluded from this entry.

— Wastes shall not be mixed.
— Problems arising from open-burning practices to be considered.

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— waste of wool or of fine or coarse animal hair, including yarn waste but excluding garneted stock

— noils of wool or of fine animal hair

— other waste of wool or of fine animal hair

— waste of coarse animal hair

— cotton waste (including yarn waste and garneted stock)

— yarn waste (including thread waste)

— garneted stock

— other

— flax tow and waste

— tow and waste (including yarn waste and garneted stock) of true hemp (Cannabis sativa L.)

— tow and waste (including yarn waste and garneted stock) of jute and other textile bast fibres (excluding flax,

true hemp and ramie)

— tow and waste (including yarn waste and garneted stock) of sisal and other textile fibres of the genus Agave

— tow, noils and waste (including yarn waste and garneted stock) of coconut

— tow, noils and waste (including yarn waste and garneted stock) of abaca (Manila hemp or Musa textilis Nee)

— tow, noils and waste (including yarn waste and garneted stock) of ramie and other vegetable textile fibres,

not elsewhere specified or included

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

— of synthetic fibres

— of artificial fibres

— worn clothing and other worn textile articles

— used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of

textile

— sorted

— other

B3035 Waste textile floor coverings, carpets

B3040 Rubber wastes

The following materials, provided they are not mixed with other wastes:

— waste and scrap of hard rubber (e.g. ebonite)

— other rubber wastes (excluding such wastes specified elsewhere)

B3050 Untreated cork and wood waste:

— wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

— cork waste: crushed, granulated or ground cork

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B3060 Wastes arising from agro-food industries provided it is not infectious:

— wine lees

— dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, or a

kind used in animal feeding, not elsewhere specified or included

— degras: residues resulting from the treatment of fatty substances or animal or vegetable waxes

— waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid

or degelatinised

— fish waste

— cocoa shells, husks, skins and other cocoa waste

— other wastes from the agro-food industry excluding by-products which meet national and international

requirements and standards for human or animal consumption

B3065 Waste edible fats and oils of animal or vegetable origin (e. g. frying oils), provided they do not exhibit an Annex

III characteristic

B3070 The following wastes:

— waste of human hair

— waste straw

— deactivated fungus mycelium from penicillin production to be used as animal feed

B3080 Waste parings and scrap of rubber

B3090 Paring and other wastes of leather or of composition leather not suitable for the manufacture of leather articles,
excluding leather sludges, not containing hexavalent chromium compounds and biocides (note the related entry
on list A, A3100)

B3100 Leather dust, ash, sludges or flours not containing hexavalent chromium compounds or biocides (note the

related entry on list A, A3090)

B3110 Fellmongery wastes not containing hexavalent chromium compounds or biocides or infectious substances (note

the related entry on list A, A3110)

B3120 Wastes consisting of food dyes

B3130 Waste polymer ethers and waste non-hazardous monomer ethers incapable of forming peroxides

B3140 Waste pneumatic tyres, excluding those destined for Annex IVA operations

B4

WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS

B4010 Wastes consisting mainly of water-based/latex paints,

inks and hardened varnishes not containing organic
solvents, heavy metals or biocides to an extent to render them hazardous (note the related entry on list A,
A4070)

B4020 Wastes from production, formulation and use of resins, latex, plasticisers, glues/adhesives, not listed on list A,
free of solvents and other contaminants to an extent that they do not exhibit Annex III characteristics, e.g. water
based, or glues based on casein starch, dextrin, cellulose ethers, polyvinyl alcohols (note the related entry on list
A, A3050)

B4030 Used single use cameras, with batteries not included on list A

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Part 2

Wastes listed in the Annex to Decision 2000/532/EC (1)

01

WASTES RESULTING FROM EXPLORATION, MINING, QUARRYING, AND PHYSICAL AND
CHEMICAL TREATMENT OF MINERALS

01 01

wastes from mineral excavation

01 01 01

wastes from mineral metalliferous excavation

01 01 02

wastes from mineral non-metalliferous excavation

01 03

wastes from physical and chemical processing of metalliferous minerals

01 03 04*

acid-generating tailings from processing of sulphide ore

01 03 05*

other tailings containing dangerous substances

01 03 06

tailings other than those mentioned in 01 03 04 and 01 03 05

01 03 07*

other wastes containing dangerous substances from physical and chemical processing of metalliferous
minerals

01 03 08

dusty and powdery wastes other than those mentioned in 01 03 07

01 03 09

red mud from alumina production other than the wastes mentioned in 01 03 07

01 03 99

wastes not otherwise specified

01 04

wastes from physical and chemical processing of non-metalliferous minerals

01 04 07*

wastes containing dangerous substances from physical and chemical processing of non-metalliferous
minerals

01 04 08

waste gravel and crushed rocks other than those mentioned in 01 04 07

01 04 09

waste sand and clays

01 04 10

dusty and powdery wastes other than those mentioned in 01 04 07

01 04 11

wastes from potash and rock-salt processing other than those mentioned in 01 04 07

01 04 12

tailings and other wastes from washing and cleaning of minerals other than those mentioned in 01 04
07 and 01 04 11

01 04 13

wastes from stone cutting and sawing other than those mentioned in 01 04 07

01 04 99

wastes not otherwise specified

01 05

drilling muds and other drilling wastes

01 05 04

fresh-water drilling muds and wastes

01 05 05*

oil-containing drilling muds and wastes

01 05 06*

drilling muds and other drilling wastes containing dangerous substances

01 05 07

barite-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06

01 05 08

chloride-containing drilling muds and wastes other than those mentioned in 01 05 05 and 01 05 06

01 05 99

wastes not otherwise specified

(1) Wastes marked with an asterisk are considered to be hazardous waste pursuant to Directive 91/689/EEC. When identifying a waste in

the list below, the introduction to the Annex of Decision 2000/532/EC is relevant.

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02

WASTES FROM AGRICULTURE, HORTICULTURE, AQUACULTURE, FORESTRY, HUNTING AND
FISHING, FOOD PREPARATION AND PROCESSING

02 01

wastes from agriculture, horticulture, aquaculture, forestry, hunting and fishing

02 01 01

sludges from washing and cleaning

02 01 02

animal-tissue waste

02 01 03

plant-tissue waste

02 01 04

waste plastics (except packaging)

02 01 06

animal faeces, urine and manure (including spoiled straw), effluent, collected separately and treated off-
site

02 01 07

wastes from forestry

02 01 08*

agrochemical waste containing dangerous substances

02 01 09

agrochemical waste other than those mentioned in 02 01 08

02 01 10

waste metal

02 01 99

wastes not otherwise specified

02 02

wastes from the preparation and processing of meat, fish and other foods of animal origin

02 02 01

sludges from washing and cleaning

02 02 02

animal-tissue waste

02 02 03

materials unsuitable for consumption or processing

02 02 04

sludges from on-site effluent treatment

02 02 99

wastes not otherwise specified

02 03

wastes from fruit, vegetables, cereals, edible oils, cocoa, coffee, tea and tobacco preparation and proces-
sing; conserve production; yeast and yeast extract production, molasses preparation and fermentation

02 03 01

sludges from washing, cleaning, peeling, centrifuging and separation

02 03 02

wastes from preserving agents

02 03 03

wastes from solvent extraction

02 03 04

materials unsuitable for consumption or processing

02 03 05

sludges from on-site effluent treatment

02 03 99

wastes not otherwise specified

02 04

wastes from sugar processing

02 04 01

soil from cleaning and washing beet

02 04 02

off-specification calcium carbonate

02 04 03

sludges from on-site effluent treatment

02 04 99

wastes not otherwise specified

02 05

wastes from the dairy products industry

02 05 01

materials unsuitable for consumption or processing

02 05 02

sludges from on-site effluent treatment

02 05 99

wastes not otherwise specified

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02 06

wastes from the baking and confectionery industry

02 06 01

materials unsuitable for consumption or processing

02 06 02

wastes from preserving agents

02 06 03

sludges from on-site effluent treatment

02 06 99

wastes not otherwise specified

02 07

wastes from the production of alcoholic and non-alcoholic beverages (except coffee, tea and cocoa)

02 07 01

wastes from washing, cleaning and mechanical reduction of raw materials

02 07 02

wastes from spirits distillation

02 07 03

wastes from chemical treatment

02 07 04

materials unsuitable for consumption or processing

02 07 05

sludges from on-site effluent treatment

02 07 99

wastes not otherwise specified

03

WASTES FROM WOOD PROCESSING AND THE PRODUCTION OF PANELS AND FURNITURE, PULP,
PAPER AND CARDBOARD

03 01

wastes from wood processing and the production of panels and furniture

03 01 01

waste bark and cork

03 01 04*

sawdust, shavings, cuttings, wood, particle board and veneer containing dangerous substances

03 01 05

sawdust, shavings, cuttings, wood, particle board and veneer other than those mentioned in 03 01 04

03 01 99

wastes not otherwise specified

03 02

wastes from wood preservation

03 02 01*

non-halogenated organic wood preservatives

03 02 02*

organochlorinated wood preservatives

03 02 03*

organometallic wood preservatives

03 02 04*

inorganic wood preservatives

03 02 05*

other wood preservatives containing dangerous substances

03 02 99

wood preservatives not otherwise specified

03 03

wastes from pulp, paper and cardboard production and processing

03 03 01

waste bark and wood

03 03 02

green liquor sludge (from recovery of cooking liquor)

03 03 05

de-inking sludges from paper recycling

03 03 07

mechanically separated rejects from pulping of waste paper and cardboard

03 03 08

wastes from sorting of paper and cardboard destined for recycling

03 03 09

lime mud waste

03 03 10

fibre rejects, fibre-, filler- and coating-sludges from mechanical separation

03 03 11

sludges from on-site effluent treatment other than those mentioned in 03 03 10

03 03 99

wastes not otherwise specified

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04

WASTES FROM THE LEATHER, FUR AND TEXTILE INDUSTRIES

04 01

wastes from the leather and fur industry

04 01 01

fleshings and lime split wastes

04 01 02

liming waste

04 01 03*

degreasing wastes containing solvents without a liquid phase

04 01 04

tanning liquor containing chromium

04 01 05

tanning liquor free of chromium

04 01 06

sludges, in particular from on-site effluent treatment containing chromium

04 01 07

sludges, in particular from on-site effluent treatment free of chromium

04 01 08

waste tanned leather (blue sheetings, shavings, cuttings, buffing dust) containing chromium

04 01 09

wastes from dressing and finishing

04 01 99

wastes not otherwise specified

04 02

wastes from the textile industry

04 02 09

wastes from composite materials (impregnated textile, elastomer, plastomer)

04 02 10

organic matter from natural products (e.g. grease, wax)

04 02 14*

wastes from finishing containing organic solvents

04 02 15

wastes from finishing other than those mentioned in 04 02 14

04 02 16*

dyestuffs and pigments containing dangerous substances

04 02 17

dyestuffs and pigments other than those mentioned in 04 02 16

04 02 19*

sludges from on-site effluent treatment containing dangerous substances

04 02 20

sludges from on-site effluent treatment other than those mentioned in 04 02 19

04 02 21

wastes from unprocessed textile fibres

04 02 22

wastes from processed textile fibres

04 02 99

wastes not otherwise specified

05

WASTES FROM PETROLEUM REFINING, NATURAL GAS PURIFICATION AND PYROLYTIC TREAT-
MENT OF COAL

05 01

wastes from petroleum refining

05 01 02*

desalter sludges

05 01 03*

tank bottom sludges

05 01 04*

acid alkyl sludges

05 01 05*

oil spills

05 01 06*

oily sludges from maintenance operations of the plant or equipment

05 01 07*

acid tars

05 01 08*

other tars

05 01 09*

sludges from on-site effluent treatment containing dangerous substances

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23.8.2005

05 01 10

sludges from on-site effluent treatment other than those mentioned in 05 01 09

05 01 11*

wastes from cleaning of fuels with bases

05 01 12*

oil containing acids

05 01 13

boiler feedwater sludges

05 01 14

wastes from cooling columns

05 01 15*

spent filter clays

05 01 16

sulphur-containing wastes from petroleum desulphurisation

05 01 17

bitumen

05 01 99

wastes not otherwise specified

05 06

wastes from the pyrolytic treatment of coal

05 06 01*

acid tars

05 06 03*

other tars

05 06 04

waste from cooling columns

05 06 99

wastes not otherwise specified

05 07

wastes from natural gas purification and transportation

05 07 01*

wastes containing mercury

05 07 02

wastes containing sulphur

05 07 99

wastes not otherwise specified

06

WASTES FROM INORGANIC CHEMICAL PROCESSES

06 01

wastes from the manufacture, formulation, supply and use (MFSU) of acids

06 01 01*

sulphuric acid and sulphurous acid

06 01 02*

hydrochloric acid

06 01 03*

hydrofluoric acid

06 01 04*

phosphoric and phosphorous acid

06 01 05*

nitric acid and nitrous acid

06 01 06*

other acids

06 01 99

wastes not otherwise specified

06 02

wastes from the MFSU of bases

06 02 01*

calcium hydroxide

06 02 03*

ammonium hydroxide

06 02 04*

sodium and potassium hydroxide

06 02 05*

other bases

06 02 99

wastes not otherwise specified

06 03

wastes from the MFSU of salts and their solutions and metallic oxides

06 03 11*

solid salts and solutions containing cyanides

06 03 13*

solid salts and solutions containing heavy metals

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06 03 14

solid salts and solutions other than those mentioned in 06 03 11 and 06 03 13

06 03 15*

metallic oxides containing heavy metals

06 03 16

metallic oxides other than those mentioned in 06 03 15

06 03 99

wastes not otherwise specified

06 04

metal-containing wastes other than those mentioned in 06 03

06 04 03*

wastes containing arsenic

06 04 04*

wastes containing mercury

06 04 05*

wastes containing other heavy metals

06 04 99

wastes not otherwise specified

06 05

sludges from on-site effluent treatment

06 05 02*

sludges from on-site effluent treatment containing dangerous substances

06 05 03

sludges from on-site effluent treatment other than those mentioned in 06 05 02

06 06

wastes from the MFSU of sulphur chemicals, sulphur chemical processes and desulphurisation processes

06 06 02*

wastes containing dangerous sulphides

06 06 03

wastes containing sulphides other than those mentioned in 06 06 02

06 06 99

wastes not otherwise specified

06 07

wastes from the MFSU of halogens and halogen chemical processes

06 07 01*

wastes containing asbestos from electrolysis

06 07 02*

activated carbon from chlorine production

06 07 03*

barium sulphate sludge containing mercury

06 07 04*

solutions and acids, e.g. contact acid

06 07 99

wastes not otherwise specified

06 08

wastes from the MFSU of silicon and silicon derivatives

06 08 02*

wastes containing dangerous chlorosilanes

06 08 99

wastes not otherwise specified

06 09

wastes from the MSFU of phosphorous chemicals and phosphorous chemical processes

06 09 02

phosphorous slag

06 09 03*

calcium-based reaction wastes containing or contaminated with dangerous substances

06 09 04

calcium-based reaction wastes other than those mentioned in 06 09 03

06 09 99

wastes not otherwise specified

06 10

wastes from the MFSU of nitrogen chemicals, nitrogen chemical processes and fertiliser manufacture

06 10 02*

wastes containing dangerous substances

06 10 99

wastes not otherwise specified

06 11

wastes from the manufacture of inorganic pigments and opacificiers

06 11 01

calcium-based reaction wastes from titanium dioxide production

06 11 99

wastes not otherwise specified

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06 13

wastes from inorganic chemical processes not otherwise specified

06 13 01*

inorganic plant protection products, wood-preserving agents and other biocides.

06 13 02*

spent activated carbon (except 06 07 02)

06 13 03

carbon black

06 13 04*

wastes from asbestos processing

06 13 05*

soot

06 13 99

wastes not otherwise specified

07

WASTES FROM ORGANIC CHEMICAL PROCESSES

07 01

wastes from the manufacture, formulation, supply and use (MFSU) of basic organic chemicals

07 01 01*

aqueous washing liquids and mother liquors

07 01 03*

organic halogenated solvents, washing liquids and mother liquors

07 01 04*

other organic solvents, washing liquids and mother liquors

07 01 07*

halogenated still bottoms and reaction residues

07 01 08*

other still bottoms and reaction residues

07 01 09*

halogenated filter cakes and spent absorbents

07 01 10*

other filter cakes and spent absorbents

07 01 11*

sludges from on-site effluent treatment containing dangerous substances

07 01 12

sludges from on-site effluent treatment other than those mentioned in 07 01 11

07 01 99

wastes not otherwise specified

07 02

wastes from the MFSU of plastics, synthetic rubber and man-made fibres

07 02 01*

aqueous washing liquids and mother liquors

07 02 03*

organic halogenated solvents, washing liquids and mother liquors

07 02 04*

other organic solvents, washing liquids and mother liquors

07 02 07*

halogenated still bottoms and reaction residues

07 02 08*

other still bottoms and reaction residues

07 02 09*

halogenated filter cakes and spent absorbents

07 02 10*

other filter cakes and spent absorbents

07 02 11*

sludges from on-site effluent treatment containing dangerous substances

07 02 12

sludges from on-site effluent treatment other than those mentioned in 07 02 11

07 02 13

waste plastic

07 02 14*

wastes from additives containing dangerous substances

07 02 15

wastes from additives other than those mentioned in 07 02 14

07 02 16*

wastes containing dangerous silicones

07 02 17

waste containing silicones other than those mentioned in 07 02 16

07 02 99

wastes not otherwise specified

07 03

wastes from the MFSU of organic dyes and pigments (except 06 11)

07 03 01*

aqueous washing liquids and mother liquors

07 03 03*

organic halogenated solvents, washing liquids and mother liquors

07 03 04*

other organic solvents, washing liquids and mother liquors

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07 03 07*

halogenated still bottoms and reaction residues

07 03 08*

other still bottoms and reaction residues

07 03 09*

halogenated filter cakes and spent absorbents

07 03 10*

other filter cakes and spent absorbents

07 03 11*

sludges from on-site effluent treatment containing dangerous substances

07 03 12

sludges from on-site effluent treatment other than those mentioned in 07 03 11

07 03 99

wastes not otherwise specified

07 04

wastes from the MFSU of organic plant protection products (except 02 01 08 and 02 01 09), wood
preserving agents (except 03 02) and other biocides

07 04 01*

aqueous washing liquids and mother liquors

07 04 03*

organic halogenated solvents, washing liquids and mother liquors

07 04 04*

other organic solvents, washing liquids and mother liquors

07 04 07*

halogenated still bottoms and reaction residues

07 04 08*

other still bottoms and reaction residues

07 04 09*

halogenated filter cakes and spent absorbents

07 04 10*

other filter cakes and spent absorbents

07 04 11*

sludges from on-site effluent treatment containing dangerous substances

07 04 12

sludges from on-site effluent treatment other than those mentioned in 07 04 11

07 04 13*

solid wastes containing dangerous substances

07 04 99

wastes not otherwise specified

07 05

wastes from the MFSU of pharmaceuticals

07 05 01*

aqueous washing liquids and mother liquors

07 05 03*

organic halogenated solvents, washing liquids and mother liquors

07 05 04*

other organic solvents, washing liquids and mother liquors

07 05 07*

halogenated still bottoms and reaction residues

07 05 08*

other still bottoms and reaction residues

07 05 09*

halogenated filter cakes and spent absorbents

07 05 10*

other filter cakes and spent absorbents

07 05 11*

sludges from on-site effluent treatment containing dangerous substances

07 05 12

sludges from on-site effluent treatment other than those mentioned in 07 05 11

07 05 13*

solid wastes containing dangerous substances

07 05 14

solid wastes other than those mentioned in 07 05 13

07 05 99

wastes not otherwise specified

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07 06

wastes from the MFSU of fats, grease, soaps, detergents, disinfectants and cosmetics

07 06 01*

aqueous washing liquids and mother liquors

07 06 03*

organic halogenated solvents, washing liquids and mother liquors

07 06 04*

other organic solvents, washing liquids and mother liquors

07 06 07*

halogenated still bottoms and reaction residues

07 06 08*

other still bottoms and reaction residues

07 06 09*

halogenated filter cakes and spent absorbents

07 06 10*

other filter cakes and spent absorbents

07 06 11*

sludges from on-site effluent treatment containing dangerous substances

07 06 12

sludges from on-site effluent treatment other than those mentioned in 07 06 11

07 06 99

wastes not otherwise specified

07 07

wastes from the MFSU of fine chemicals and chemical products not otherwise specified

07 07 01*

aqueous washing liquids and mother liquors

07 07 03*

organic halogenated solvents, washing liquids and mother liquors

07 07 04*

other organic solvents, washing liquids and mother liquors

07 07 07*

halogenated still bottoms and reaction residues

07 07 08*

other still bottoms and reaction residues

07 07 09*

halogenated filter cakes and spent absorbents

07 07 10*

other filter cakes and spent absorbents

07 07 11*

sludges from on-site effluent treatment containing dangerous substances

07 07 12

sludges from on-site effluent treatment other than those mentioned in 07 07 11

07 07 99

wastes not otherwise specified

08

WASTES FROM THE MANUFACTURE, FORMULATION, SUPPLY AND USE (MFSU) OF COATINGS
(PAINTS, VARNISHES AND VITREOUS ENAMELS), ADHESIVES, SEALANTS AND PRINTING INKS

08 01

wastes from MFSU and removal of paint and varnish

08 01 11*

waste paint and varnish containing organic solvents or other dangerous substances

08 01 12

waste paint and varnish other than those mentioned in 08 01 11

08 01 13*

sludges from paint or varnish containing organic solvents or other dangerous substances

08 01 14

sludges from paint or varnish other than those mentioned in 08 01 13

08 01 15*

aqueous sludges containing paint or varnish containing organic solvents or other dangerous substances

08 01 16

aqueous sludges containing paint or varnish other than those mentioned in 08 01 15

08 01 17*

wastes from paint or varnish removal containing organic solvents or other dangerous substances

08 01 18

wastes from paint or varnish removal other than those mentioned in 08 01 17

08 01 19*

aqueous suspensions containing paint or varnish containing organic solvents or other dangerous
substances

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08 01 20

aqueous suspensions containing paint or varnish other than those mentioned in 08 01 19

08 01 21*

waste paint or varnish remover

08 01 99

wastes not otherwise specified

08 02

wastes from MFSU of other coatings (including ceramic materials)

08 02 01

waste coating powders

08 02 02

aqueous sludges containing ceramic materials

08 02 03

aqueous suspensions containing ceramic materials

08 02 99

wastes not otherwise specified

08 03

wastes from MFSU of printing inks

08 03 07

aqueous sludges containing ink

08 03 08

aqueous liquid waste containing ink

08 03 12*

waste ink containing dangerous substances

08 03 13

waste ink other than those mentioned in 08 03 12

08 03 14*

ink sludges containing dangerous substances

08 03 15

ink sludges other than those mentioned in 08 03 14

08 03 16*

waste etching solutions

08 03 17*

waste printing toner containing dangerous substances

08 03 18

waste printing toner other than those mentioned in 08 03 17

08 03 19*

disperse oil

08 03 99

wastes not otherwise specified

08 04

wastes from MFSU of adhesives and sealants (including waterproofing products)

08 04 09*

waste adhesives and sealants containing organic solvents or other dangerous substances

08 04 10

waste adhesives and sealants other than those mentioned in 08 04 09

08 04 11*

adhesive and sealant sludges containing organic solvents or other dangerous substances

08 04 12

adhesive and sealant sludges other than those mentioned in 08 04 11

08 04 13*

aqueous sludges containing adhesives or sealants containing organic solvents or other dangerous
substances

08 04 14

aqueous sludges containing adhesives or sealants other than those mentioned in 08 04 13

08 04 15*

aqueous liquid waste containing adhesives or sealants containing organic solvents or other dangerous
substances

08 04 16

aqueous liquid waste containing adhesives or sealants other than those mentioned in 08 04 15

08 04 17*

rosin oil

08 04 99

wastes not otherwise specified

08 05

wastes not otherwise specified in 08

08 05 01*

waste isocyanates

C 206 E/78

EN

Official Journal of the European Union

23.8.2005

09

WASTES FROM THE PHOTOGRAPHIC INDUSTRY

09 01

wastes from the photographic industry

09 01 01*

water-based developer and activator solutions

09 01 02*

water-based offset plate developer solutions

09 01 03*

solvent-based developer solutions

09 01 04*

fixer solutions

09 01 05*

bleach solutions and bleach fixer solutions

09 01 06*

wastes containing silver from on-site treatment of photographic wastes

09 01 07

photographic film and paper containing silver or silver compounds

09 01 08

photographic film and paper free of silver or silver compounds

09 01 10

single-use cameras without batteries

09 01 11*

single-use cameras containing batteries included in 16 06 01, 16 06 02 or 16 06 03

09 01 12

single-use cameras containing batteries other than those mentioned in 09 01 11

09 01 13*

aqueous liquid waste from on-site reclamation of silver other than those mentioned in 09 01 06

09 01 99

wastes not otherwise specified

10

WASTES FROM THERMAL PROCESSES

10 01

wastes from power stations and other combustion plants (except 19)

10 01 01

bottom ash, slag and boiler dust (excluding boiler dust mentioned in 10 01 04)

10 01 02

coal fly ash

10 01 03

fly ash from peat and untreated wood

10 01 04*

oil fly ash and -boiler dust

10 01 05

calcium-based reaction wastes from flue-gas desulphurisation in solid form

10 01 07

calcium-based reaction wastes from flue-gas desulphurisation in sludge form

10 01 09*

sulphuric acid

10 01 13*

fly ash from emulsified hydrocarbons used as fuel

10 01 14*

bottom ash, slag and boiler dust from co-incineration containing dangerous substances

10 01 15

bottom ash, slag and boiler dust from co-incineration other than those mentioned in 10 01 14

10 01 16*

fly ash from co-incineration containing dangerous substances

10 01 17

fly ash from co-incineration other than those mentioned in 10 01 16

10 01 18*

wastes from gas cleaning containing dangerous substances

10 01 19

wastes from gas cleaning other than those mentioned in 10 01 05, 10 01 07 and 10 01 18

23.8.2005

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C 206 E/79

10 01 20*

sludges from on-site effluent treatment containing dangerous substances

10 01 21

sludges from on-site effluent treatment other than those mentioned in 10 01 20

10 01 22*

aqueous sludges from boiler cleansing containing dangerous substances

10 01 23

aqueous sludges from boiler cleansing other than those mentioned in 10 01 22

10 01 24

sands from fluidised beds

10 01 25

wastes from fuel storage and preparation of coal-fired power plants

10 01 26

wastes from cooling-water treatment

10 01 99

wastes not otherwise specified

10 02

wastes from the iron and steel industry

10 02 01

wastes from the processing of slag

10 02 02

unprocessed slag

10 02 07*

solid wastes from gas treatment containing dangerous substances

10 02 08

solid wastes from gas treatment other than those mentioned in 10 02 07

10 02 10

mill scales

10 02 11*

wastes from cooling-water treatment containing oil

10 02 12

wastes from cooling-water treatment other than those mentioned in 10 02 11

10 02 13*

sludges and filter cakes from gas treatment containing dangerous substances

10 02 14

sludges and filter cakes from gas treatment other than those mentioned in 10 02 13

10 02 15

other sludges and filter cakes

10 02 99

wastes not otherwise specified

10 03

wastes from aluminium thermal metallurgy

10 03 02

anode scraps

10 03 04*

primary production slags

10 03 05

waste alumina

10 03 08*

salt slags from secondary production

10 03 09*

black drosses from secondary production

10 03 15*

skimmings that are flammable or emit, upon contact with water, flammable gases in dangerous quanti-
ties

10 03 16

skimmings other than those mentioned in 10 03 15

10 03 17*

tar-containing wastes from anode manufacture

10 03 18

carbon-containing wastes from anode manufacture other than those mentioned in 10 03 17

10 03 19*

flue-gas dust containing dangerous substances

10 03 20

flue-gas dust other than those mentioned in 10 03 19

10 03 21*

other particulates and dust (including ball-mill dust) containing dangerous substances

10 03 22

other particulates and dust (including ball-mill dust) other than those mentioned in 10 03 21

10 03 23*

solid wastes from gas treatment containing dangerous substances

C 206 E/80

EN

Official Journal of the European Union

23.8.2005

10 03 24

solid wastes from gas treatment other than those mentioned in 10 03 23

10 03 25*

sludges and filter cakes from gas treatment containing dangerous substances

10 03 26

sludges and filter cakes from gas treatment other than those mentioned in 10 03 25

10 03 27*

wastes from cooling-water treatment containing oil

10 03 28

wastes from cooling-water treatment other than those mentioned in 10 03 27

10 03 29*

wastes from treatment of salt slags and black drosses containing dangerous substances

10 03 30

wastes from treatment of salt slags and black drosses other than those mentioned in 10 03 29

10 03 99

wastes not otherwise specified

10 04

wastes from lead thermal metallurgy

10 04 01*

slags from primary and secondary production

10 04 02*

dross and skimmings from primary and secondary production

10 04 03*

calcium arsenate

10 04 04*

flue-gas dust

10 04 05*

other particulates and dust

10 04 06*

solid wastes from gas treatment

10 04 07*

sludges and filter cakes from gas treatment

10 04 09*

wastes from cooling-water treatment containing oil

10 04 10

wastes from cooling-water treatment other than those mentioned in 10 04 09

10 04 99

wastes not otherwise specified

10 05

wastes from zinc thermal metallurgy

10 05 01

slags from primary and secondary production

10 05 03*

flue-gas dust

10 05 04

other particulates and dust

10 05 05*

solid waste from gas treatment

10 05 06*

sludges and filter cakes from gas treatment

10 05 08*

wastes from cooling-water treatment containing oil

10 05 09

wastes from cooling-water treatment other than those mentioned in 10 05 08

10 05 10*

dross and skimmings that are flammable or emit, upon contact with water,
dangerous quantities

flammable gases in

10 05 11

dross and skimmings other than those mentioned in 10 05 10

10 05 99

wastes not otherwise specified

10 06

wastes from copper thermal metallurgy

10 06 01

slags from primary and secondary production

10 06 02

dross and skimmings from primary and secondary production

10 06 03*

flue-gas dust

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C 206 E/81

10 06 04

other particulates and dust

10 06 06*

solid wastes from gas treatment

10 06 07*

sludges and filter cakes from gas treatment

10 06 09*

wastes from cooling-water treatment containing oil

10 06 10

wastes from cooling-water treatment other than those mentioned in 10 06 09

10 06 99

wastes not otherwise specified

10 07

wastes from silver, gold and platinum thermal metallurgy

10 07 01

slags from primary and secondary production

10 07 02

dross and skimmings from primary and secondary production

10 07 03

solid wastes from gas treatment

10 07 04

other particulates and dust

10 07 05

sludges and filter cakes from gas treatment

10 07 07*

wastes from cooling-water treatment containing oil

10 07 08

wastes from cooling-water treatment other than those mentioned in 10 07 07

10 07 99

wastes not otherwise specified

10 08

wastes from other non-ferrous thermal metallurgy

10 08 04

particulates and dust

10 08 08*

salt slag from primary and secondary production

10 08 09

other slags

10 08 10*

dross and skimmings that are flammable or emit, upon contact with water,
dangerous quantities

flammable gases in

10 08 11

dross and skimmings other than those mentioned in 10 08 10

10 08 12*

tar-containing wastes from anode manufacture

10 08 13

carbon-containing wastes from anode manufacture other than those mentioned in 10 08 12

10 08 14

anode scrap

10 08 15*

flue-gas dust containing dangerous substances

10 08 16

flue-gas dust other than those mentioned in 10 08 15

10 08 17*

sludges and filter cakes from flue-gas treatment containing dangerous substances

10 08 18

sludges and filter cakes from flue-gas treatment other than those mentioned in 10 08 17

10 08 19*

wastes from cooling-water treatment containing oil

10 08 20

wastes from cooling-water treatment other than those mentioned in 10 08 19

10 08 99

wastes not otherwise specified

10 09

wastes from casting of ferrous pieces

10 09 03

furnace slag

10 09 05*

casting cores and moulds which have not undergone pouring containing dangerous substances

C 206 E/82

EN

Official Journal of the European Union

23.8.2005

10 09 06

casting cores and moulds which have not undergone pouring other than those mentioned in 10 09 05

10 09 07*

casting cores and moulds which have undergone pouring containing dangerous substances

10 09 08

casting cores and moulds which have undergone pouring other than those mentioned in 10 09 07

10 09 09*

flue-gas dust containing dangerous substances

10 09 10

flue-gas dust other than those mentioned in 10 09 09

10 09 11*

other particulates containing dangerous substances

10 09 12

other particulates other than those mentioned in 10 09 11

10 09 13*

waste binders containing dangerous substances

10 09 14

waste binders other than those mentioned in 10 09 13

10 09 15*

waste crack-indicating agent containing dangerous substances

10 09 16

waste crack-indicating agent other than those mentioned in 10 09 15

10 09 99

wastes not otherwise specified

10 10

wastes from casting of non-ferrous pieces

10 10 03

furnace slag

10 10 05*

casting cores and moulds which have not undergone pouring containing dangerous substances

10 10 06

casting cores and moulds which have not undergone pouring other than those mentioned in 10 10 05

10 10 07*

casting cores and moulds which have undergone pouring containing dangerous substances

10 10 08

casting cores and moulds which have undergone pouring other than those mentioned in 10 10 07

10 10 09*

flue-gas dust containing dangerous substances

10 10 10

flue-gas dust other than those mentioned in 10 10 09

10 10 11*

other particulates containing dangerous substances

10 10 12

other particulates other than those mentioned in 10 10 11

10 10 13*

waste binders containing dangerous substances

10 10 14

waste binders other than those mentioned in 10 10 13

10 10 15*

waste crack-indicating agent containing dangerous substances

10 10 16

waste crack-indicating agent other than those mentioned in 10 10 15

10 10 99

wastes not otherwise specified

10 11

wastes from manufacture of glass and glass products

10 11 03

waste glass-based fibrous materials

10 11 05

particulates and dust

10 11 09*

waste preparation mixture before thermal processing containing dangerous substances

10 11 10

waste preparation mixture before thermal processing other than those mentioned in 10 11 09

10 11 11*

waste glass in small particles and glass powder containing heavy metals (e.g. from cathode ray tubes)

23.8.2005

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Official Journal of the European Union

C 206 E/83

10 11 12

waste glass other than those mentioned in 10 11 11

10 11 13*

glass-polishing and -grinding sludge containing dangerous substances

10 11 14

glass-polishing and -grinding sludge other than those mentioned in 10 11 13

10 11 15*

solid wastes from flue-gas treatment containing dangerous substances

10 11 16

solid wastes from flue-gas treatment other than those mentioned in 10 11 15

10 11 17*

sludges and filter cakes from flue-gas treatment containing dangerous substances

10 11 18

sludges and filter cakes from flue-gas treatment other than those mentioned in 10 11 17

10 11 19*

solid wastes from on-site effluent treatment containing dangerous substances

10 11 20

solid wastes from on-site effluent treatment other than those mentioned in 10 11 19

10 11 99

wastes not otherwise specified

10 12

wastes from manufacture of ceramic goods, bricks, tiles and construction products

10 12 01

waste preparation mixture before thermal processing

10 12 03

particulates and dust

10 12 05

sludges and filter cakes from gas treatment

10 12 06

discarded molds

10 12 08

waste ceramics, bricks, tiles and construction products (after thermal processing)

10 12 09*

solid wastes from gas treatment containing dangerous substances

10 12 10

solid wastes from gas treatment other than those mentioned in 10 12 09

10 12 11*

wastes from glazing containing heavy metals

10 12 12

wastes from glazing other than those mentioned in 10 12 11

10 12 13

sludge from on-site effluent treatment

10 12 99

wastes not otherwise specified

10 13

wastes from manufacture of cement, lime and plaster and articles and products made from them

10 13 01

waste preparation mixture before thermal processing

10 13 04

wastes from calcination and hydration of lime

10 13 06

particulates and dust (except 10 13 12 and 10 13 13)

10 13 07

sludges and filter cakes from gas treatment

10 13 09*

wastes from asbestos-cement manufacture containing asbestos

10 13 10

wastes from asbestos-cement manufacture other than those mentioned in 10 13 09

10 13 11

wastes from cement-based composite materials other than those mentioned in 10 13 09 and 10 13 10

10 13 12*

solid wastes from gas treatment containing dangerous substances

C 206 E/84

EN

Official Journal of the European Union

23.8.2005

10 13 13

solid wastes from gas treatment other than those mentioned in 10 13 12

10 13 14

waste concrete and concrete sludge

10 13 99

wastes not otherwise specified

10 14

waste from crematoria

10 14 01*

waste from gas cleaning containing mercury

11

11 01

WASTES FROM CHEMICAL SURFACE TREATMENT AND COATING OF METALS AND OTHER
MATERIALS; NON-FERROUS HYDRO-METALLURGY

wastes from chemical surface treatment and coating of metals and other materials (e.g. galvanic
processes, zinc-coating processes, pickling processes, etching, phosphatising, alkaline degreasing,
anodising)

11 01 05*

pickling acids

11 01 06*

acids not otherwise specified

11 01 07*

pickling bases

11 01 08*

phosphatising sludges

11 01 09*

sludges and filter cakes containing dangerous substances

11 01 10

sludges and filter cakes other than those mentioned in 11 01 09

11 01 11*

aqueous rinsing liquids containing dangerous substances

11 01 12

aqueous rinsing liquids other than those mentioned in 11 01 11

11 01 13*

degreasing wastes containing dangerous substances

11 01 14

degreasing wastes other than those mentioned in 11 01 13

11 01 15*

eluate and sludges from membrane systems or ion exchange systems containing dangerous substances

11 01 16*

saturated or spent ion exchange resins

11 01 98*

other wastes containing dangerous substances

11 01 99

wastes not otherwise specified

11 02

wastes from non-ferrous hydrometallurgical processes

11 02 02*

sludges from zinc hydrometallurgy (including jarosite, goethite)

11 02 03

wastes from the production of anodes for aqueous electrolytical processes

11 02 05*

wastes from copper hydrometallurgical processes containing dangerous substances

11 02 06

wastes from copper hydrometallurgical processes other than those mentioned in 11 02 05

11 02 07*

other wastes containing dangerous substances

11 02 99

wastes not otherwise specified

11 03

sludges and solids from tempering processes

11 03 01*

wastes containing cyanide

11 03 02*

other wastes

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Official Journal of the European Union

C 206 E/85

11 05

wastes from hot galvanising processes

11 05 01

hard zinc

11 05 02

zinc ash

11 05 03*

solid wastes from gas treatment

11 05 04*

spent flux

11 05 99

wastes not otherwise specified

12

WASTES FROM SHAPING AND PHYSICAL AND MECHANICAL SURFACE TREATMENT OF METALS
AND PLASTICS

12 01

wastes from shaping and physical and mechanical surface treatment of metals and plastics

12 01 01

ferrous metal filings and turnings

12 01 02

ferrous metal dust and particles

12 01 03

non-ferrous metal filings and turnings

12 01 04

non-ferrous metal dust and particles

12 01 05

plastics shavings and turnings

12 01 06*

mineral-based machining oils containing halogens (except emulsions and solutions)

12 01 07*

mineral-based machining oils free of halogens (except emulsions and solutions)

12 01 08*

machining emulsions and solutions containing halogens

12 01 09*

machining emulsions and solutions free of halogens

12 01 10*

synthetic machining oils

12 01 12*

spent waxes and fats

12 01 13

welding wastes

12 01 14*

machining sludges containing dangerous substances

12 01 15

machining sludges other than those mentioned in 12 01 14

12 01 16*

waste blasting material containing dangerous substances

12 01 17

waste blasting material other than those mentioned in 12 01 16

12 01 18*

metal sludge (grinding, honing and lapping sludge) containing oil

12 01 19*

readily biodegradable machining oil

12 01 20*

spent grinding bodies and grinding materials containing dangerous substances

12 01 21

spent grinding bodies and grinding materials other than those mentioned in 12 01 20

12 01 99

wastes not otherwise specified

12 03

wastes from water and steam degreasing processes (except 11)

12 03 01*

aqueous washing liquids

12 03 02*

steam degreasing wastes

C 206 E/86

EN

Official Journal of the European Union

23.8.2005

13

OIL WASTES AND WASTES OF LIQUID FUELS (EXCEPT EDIBLE OILS, AND THOSE IN CHAPTERS
05, 12 AND 19)

13 01

waste hydraulic oils

13 01 01*

hydraulic oils, containing PCBs (1)

13 01 04*

chlorinated emulsions

13 01 05*

non-chlorinated emulsions

13 01 09*

mineral-based chlorinated hydraulic oils

13 01 10*

mineral based non-chlorinated hydraulic oils

13 01 11*

synthetic hydraulic oils

13 01 12*

readily biodegradable hydraulic oils

13 01 13*

other hydraulic oils

13 02

waste engine, gear and lubricating oils

13 02 04*

mineral-based chlorinated engine, gear and lubricating oils

13 02 05*

mineral-based non-chlorinated engine, gear and lubricating oils

13 02 06*

synthetic engine, gear and lubricating oils

13 02 07*

readily biodegradable engine, gear and lubricating oils

13 02 08*

other engine, gear and lubricating oils

13 03

waste insulating and heat transmission oils

13 03 01*

insulating or heat transmission oils containing PCBs

13 03 06*

mineral-based chlorinated insulating and heat transmission oils other than those mentioned in 13 03 01

13 03 07*

mineral-based non-chlorinated insulating and heat transmission oils

13 03 08*

synthetic insulating and heat transmission oils

13 03 09*

readily biodegradable insulating and heat transmission oils

13 03 10*

other insulating and heat transmission oils

13 04

bilge oils

13 04 01*

bilge oils from inland navigation

13 04 02*

bilge oils from jetty sewers

13 04 03*

bilge oils from other navigation

13 05

oil/water separator contents

13 05 01*

solids from grit chambers and oil/water separators

13 05 02*

sludges from oil/water separators

13 05 03*

interceptor sludges

13 05 06*

oil from oil/water separators

13 05 07*

oily water from oil/water separators

13 05 08*

mixtures of wastes from grit chambers and oil/water separators

(1) For the purpose of this list of wastes, PCBs will be defined as in Council Directive 96/59/EC of 16 September 1996 on the disposal of

polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 243, 24.9.1996, p. 31).

23.8.2005

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Official Journal of the European Union

C 206 E/87

13 07

wastes of liquid fuels

13 07 01*

fuel oil and diesel

13 07 02*

petrol

13 07 03*

other fuels (including mixtures)

13 08

oil wastes not otherwise specified

13 08 01*

desalter sludges or emulsions

13 08 02*

other emulsions

13 08 99*

wastes not otherwise specified

14

WASTE ORGANIC SOLVENTS, REFRIGERANTS AND PROPELLANTS (EXCEPT 07 AND 08)

14 06

waste organic solvents, refrigerants and foam/aerosol propellants

14 06 01*

chlorofluorocarbons, HCFC, HFC

14 06 02*

other halogenated solvents and solvent mixtures

14 06 03*

other solvents and solvent mixtures

14 06 04*

sludges or solid wastes containing halogenated solvents

14 06 05*

sludges or solid wastes containing other solvents

15

WASTE PACKAGING; ABSORBENTS, WIPING CLOTHS, FILTER MATERIALS AND PROTECTIVE
CLOTHING NOT OTHERWISE SPECIFIED

15 01

packaging (including separately collected municipal packaging waste)

15 01 01

paper and cardboard packaging

15 01 02

plastic packaging

15 01 03

wooden packaging

15 01 04

metallic packaging

15 01 05

composite packaging

15 01 06

mixed packaging

15 01 07

glass packaging

15 01 09

textile packaging

15 01 10*

packaging containing residues of or contaminated by dangerous substances

15 01 11*

metallic packaging containing a dangerous solid porous matrix (e.g. asbestos), including empty pressure
containers

15 02

absorbents, filter materials, wiping cloths and protective clothing

15 02 02*

15 02 03

16

16 01

absorbents,
clothing contaminated by dangerous substances

filter materials (including oil

filters not otherwise specified), wiping cloths, protective

absorbents, filter materials, wiping cloths and protective clothing other than those mentioned in 15 02
02

WASTES NOT OTHERWISE SPECIFIED IN THE LIST

end-of-life vehicles from different means of transport (including off-road machinery) and wastes from
dismantling of end-of-life vehicles and vehicle maintenance (except 13, 14, 16 06 and 16 08)

16 01 03

end-of-life tyres

16 01 04*

end-of-life vehicles

16 01 06

end-of-life vehicles, containing neither liquids nor other hazardous components

C 206 E/88

EN

Official Journal of the European Union

23.8.2005

16 01 07*

oil filters

16 01 08*

components containing mercury

16 01 09*

components containing PCBs

16 01 10*

explosive components (e.g. air bags)

16 01 11*

brake pads containing asbestos

16 01 12

brake pads other than those mentioned in 16 01 11

16 01 13*

brake fluids

16 01 14*

antifreeze fluids containing dangerous substances

16 01 15

antifreeze fluids other than those mentioned in 16 01 14

16 01 16

tanks for liquefied gas

16 01 17

ferrous metal

16 01 18

non-ferrous metal

16 01 19

plastic

16 01 20

glass

16 01 21*

hazardous components other than those mentioned in 16 01 07 to 16 01 11 and 16 01 13 and 16 01
14

16 01 22

components not otherwise specified

16 01 99

wastes not otherwise specified

16 02

wastes from electrical and electronic equipment

16 02 09*

transformers and capacitors containing PCBs

16 02 10*

discarded equipment containing or contaminated by PCBs other than those mentioned in 16 02 09

16 02 11*

discarded equipment containing chlorofluorocarbons, HCFC, HFC

16 02 12*

discarded equipment containing free asbestos

16 02 13*

discarded equipment containing hazardous components (1) other than those mentioned in 16 02 09 to
16 02 12

16 02 14

discarded equipment other than those mentioned in 16 02 09 to 16 02 13

16 02 15*

hazardous components removed from discarded equipment

16 02 16

components removed from discarded equipment other than those mentioned in 16 02 15

16 03

off-specification batches and unused products

16 03 03*

inorganic wastes containing dangerous substances

16 03 04

inorganic wastes other than those mentioned in 16 03 03

16 03 05*

organic wastes containing dangerous substances

16 03 06

organic wastes other than those mentioned in 16 03 05

16 04

waste explosives

16 04 01*

waste ammunition

16 04 02*

fireworks wastes

16 04 03*

other waste explosives

(1) Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and

marked as hazardous, mercury switches, glass from cathode ray tubes and other activated glass etc.

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Official Journal of the European Union

C 206 E/89

16 05

gases in pressure containers and discarded chemicals

16 05 04*

gases in pressure containers (including halons) containing dangerous substances

16 05 05

gases in pressure containers other than those mentioned in 16 05 04

16 05 06*

laboratory chemicals consisting of or containing dangerous substances including mixtures of laboratory
chemicals

16 05 07*

discarded inorganic chemicals consisting of or containing dangerous substances

16 05 08*

discarded organic chemicals consisting of or containing dangerous substances

16 05 09

discarded chemicals other than those mentioned in 16 05 06, 16 05 07 or 16 05 08

16 06

batteries and accumulators

16 06 01*

lead batteries

16 06 02*

Ni-Cd batteries

16 06 03*

mercury-containing batteries

16 06 04

alkaline batteries (except 16 06 03)

16 06 05

other batteries and accumulators

16 06 06*

separately collected electrolyte from batteries and accumulators

16 07

wastes from transport tank, storage tank and barrel cleaning (except 05 and 13)

16 07 08*

wastes containing oil

16 07 09*

wastes containing other dangerous substances

16 07 99

wastes not otherwise specified

16 08

spent catalysts

16 08 01

spent catalysts containing gold, silver, rhenium, rhodium, palladium, iridium or platinum (except 16 08
07)

16 08 02*

spent catalysts containing dangerous transition metals (1) or dangerous transition metal compounds

16 08 03

spent catalysts containing transition metals or transition metal compounds not otherwise specified

16 08 04

spent fluid catalytic cracking catalysts (except 16 08 07)

16 08 05*

spent catalysts containing phosphoric acid

16 08 06*

spent liquids used as catalysts

16 08 07*

spent catalysts contaminated with dangerous substances

16 09

oxidising substances

16 09 01*

permanganates, e.g. potassium permanganate

16 09 02*

chromates, e.g. potassium chromate, potassium or sodium dichromate

16 09 03*

peroxides, e.g. hydrogen peroxide

16 09 04*

oxidising substances, not otherwise specified

(1) For the purpose of this entry, transition metals are: scandium, vanadium, manganese, cobalt, copper, yttrium, niobium, hafnium, tung-
sten, titanium, chromium, iron, nickel, zinc, zirconium, molybdenum and tantalum. These metals or their compounds are dangerous
if they are classified as dangerous substances. The classification of dangerous substances shall determine which among those transition
metals and which transition metal compounds are hazardous.

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Official Journal of the European Union

23.8.2005

16 10

aqueous liquid wastes destined for off-site treatment

16 10 01*

aqueous liquid wastes containing dangerous substances

16 10 02

aqueous liquid wastes other than those mentioned in 16 10 01

16 10 03*

aqueous concentrates containing dangerous substances

16 10 04

aqueous concentrates other than those mentioned in 16 10 03

16 11

waste linings and refractories

16 11 01*

carbon-based linings and refractories from metallurgical processes containing dangerous substances

16 11 02

carbon-based linings and refractories from metallurgical processes others than those mentioned in 16
11 01

16 11 03*

other linings and refractories from metallurgical processes containing dangerous substances

16 11 04

other linings and refractories from metallurgical processes other than those mentioned in 16 11 03

16 11 05*

linings and refractories from non-metallurgical processes containing dangerous substances

16 11 06

linings and refractories from non-metallurgical processes others than those mentioned in 16 11 05

17

CONSTRUCTION AND DEMOLITION WASTES (INCLUDING EXCAVATED SOIL FROM CONTAMI-
NATED SITES)

17 01

concrete, bricks, tiles and ceramics

17 01 01

concrete

17 01 02

bricks

17 01 03

tiles and ceramics

17 01 06*

mixtures of, or separate fractions of concrete, bricks, tiles and ceramics containing dangerous substances

17 01 07

mixtures of concrete, bricks, tiles and ceramics other than those mentioned in 17 01 06

17 02

wood, glass and plastic

17 02 01

wood

17 02 02

glass

17 02 03

plastic

17 02 04*

glass, plastic and wood containing or contaminated with dangerous substances

17 03

bituminous mixtures, coal tar and tarred products

17 03 01*

bituminous mixtures containing coal tar

17 03 02

bituminous mixtures other than those mentioned in 17 03 01

17 03 03*

coal tar and tarred products

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17 04

metals (including their alloys)

17 04 01

copper, bronze, brass

17 04 02

aluminium

17 04 03

17 04 04

lead

zinc

17 04 05

iron and steel

17 04 06

tin

17 04 07

mixed metals

17 04 09*

metal waste contaminated with dangerous substances

17 04 10*

cables containing oil, coal tar and other dangerous substances

17 04 11

cables other than those mentioned in 17 04 10

17 05

soil (including excavated soil from contaminated sites), stones and dredging spoil

17 05 03*

soil and stones containing dangerous substances

17 05 04

soil and stones other than those mentioned in 17 05 03

17 05 05*

dredging spoil containing dangerous substances

17 05 06

dredging spoil other than those mentioned in 17 05 05

17 05 07*

track ballast containing dangerous substances

17 05 08

track ballast other than those mentioned in 17 05 07

17 06

insulation materials and asbestos-containing construction materials

17 06 01*

insulation materials containing asbestos

17 06 03*

other insulation materials consisting of or containing dangerous substances

17 06 04

insulation materials other than those mentioned in 17 06 01 and 17 06 03

17 06 05*

construction materials containing asbestos

17 08

gypsum-based construction material

17 08 01*

gypsum-based construction materials contaminated with dangerous substances

17 08 02

gypsum-based construction materials other than those mentioned in 17 08 01

17 09

other construction and demolition wastes

17 09 01*

construction and demolition wastes containing mercury

17 09 02*

construction and demolition wastes containing PCB (e.g. PCB-containing sealants, PCB-containing resin-
based floorings, PCB-containing sealed glazing units, PCB-containing capacitors)

17 09 03*

other construction and demolition wastes (including mixed wastes) containing dangerous substances

17 09 04

mixed construction and demolition wastes other than those mentioned in 17 09 01, 17 09 02 and 17
09 03

18

WASTES FROM HUMAN OR ANIMAL HEALTH CARE AND/OR RELATED RESEARCH (EXCEPT
KITCHEN AND RESTAURANT WASTES NOT ARISING FROM IMMEDIATE HEALTH CARE)

18 01

wastes from natal care, diagnosis, treatment or prevention of disease in humans

18 01 01

sharps (except 18 01 03)

18 01 02

body parts and organs including blood bags and blood preserves (except 18 01 03)

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18 01 03*

wastes whose collection and disposal is subject to special requirements in order to prevent infection

18 01 04

wastes whose collection and disposal is not subject to special requirements in order to prevent infection
(e.g. dressings, plaster casts, linen, disposable clothing, diapers)

18 01 06*

chemicals consisting of orcontaining dangerous substances

18 01 07

chemicals other than those mentioned in 18 01 06

18 01 08*

cytotoxic and cytostaticmedicines

18 01 09

medicines other than those mentioned in 18 01 08

18 01 10*

amalgam waste from dental care

18 02

wastes from research, diagnosis, treatment or prevention of disease involving animals

18 02 01

sharps (except 18 02 02)

18 02 02*

wastes whose collection and disposal is subject to special requirements in order to prevent infection

18 02 03

wastes whose collection and disposal is not subject to special requirements in order to prevent infection

18 02 05*

chemicals consisting of orcontaining dangerous substances

18 02 06

chemicals other than those mentioned in 18 02 05

18 02 07*

cytotoxic and cytostaticmedicines

18 02 08

medicines other than those mentioned in 18 02 07

19

WASTES FROM WASTE MANAGEMENT FACILITIES, OFF-SITE WASTE WATER TREATMENT
PLANTS AND THE PREPARATION OF WATER INTENDED FOR HUMAN CONSUMPTION AND
WATER FOR INDUSTRIAL USE

19 01

wastes from incineration or pyrolysis of waste

19 01 02

ferrous materials removed from bottom ash

19 01 05*

filter cake from gas treatment

19 01 06*

aqueous liquid wastes from gas treatment and other aqueous liquid wastes

19 01 07*

solid wastes from gas treatment

19 01 10*

spent activated carbon from flue-gas treatment

19 01 11*

bottom ash and slag containing dangerous substances

19 01 12

bottom ash and slag other than those mentioned in 19 01 11

19 01 13*

fly ash containing dangerous substances

19 01 14

fly ash other than those mentioned in 19 01 13

19 01 15*

boiler dust containing dangerous substances

19 01 16

boiler dust other than those mentioned in 19 01 15

19 01 17*

pyrolysis wastes containing dangerous substances

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19 01 18

pyrolysis wastes other than those mentioned in 19 01 17

19 01 19

sands from fluidised beds

19 01 99

wastes not otherwise specified

19 02

wastes from physico/chemical treatments of waste (including dechromatation, decyanidation, neutralisa-
tion)

19 02 03

premixed wastes composed only of non-hazardous wastes

19 02 04*

premixed wastes composed of at least one hazardous waste

19 02 05*

sludges from physico/chemical treatment containing dangerous substances

19 02 06

sludges from physico/chemical treatment other than those mentioned in 19 02 05

19 02 07*

oil and concentrates from separation

19 02 08*

liquid combustible wastes containing dangerous substances

19 02 09*

solid combustible wastes containing dangerous substances

19 02 10

combustible wastes other than those mentioned in 19 02 08 and 19 02 09

19 02 11*

other wastes containing dangerous substances

19 02 99

wastes not otherwise specified

19 03

stabilised/solidified wastes (1)

19 03 04*

wastes marked as hazardous, partly (2) stabilised

19 03 05

stabilised wastes other than those mentioned in 19 03 04

19 03 06*

wastes marked as hazardous, solidified

19 03 07

solidified wastes other than those mentioned in 19 03 06

19 04

vitrified waste and wastes from vitrification

19 04 01

vitrified waste

19 04 02*

fly ash and other flue-gas treatment wastes

19 04 03*

non-vitrified solid phase

19 04 04

aqueous liquid wastes from vitrified waste tempering

19 05

wastes from aerobic treatment of solid wastes

19 05 01

non-composted fraction of municipal and similar wastes

19 05 02

non-composted fraction of animal and vegetable waste

19 05 03

off-specification compost

19 05 99

wastes not otherwise specified

19 06

wastes from anaerobic treatment of waste

19 06 03

liquor from anaerobic treatment of municipal waste

19 06 04

digestate from anaerobic treatment of municipal waste

(1) Stabilisation processes change the dangerousness of the constituents inthe waste and thus transformhazardous waste into non-hazar-
dous waste. Solidification processes only change the physical state of the waste (e.g. liquid into solid) by using additiveswithout chan-
ging the chemical propertiesof the waste.

(2) A waste is considered as partly stabilised if after the stabilisation process dangerous constituents which have not been changed

completely into non-dangerous constituentscould bereleased into the environment in the short, middle or long term.

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19 06 05

liquor from anaerobic treatment of animal and vegetable waste

19 06 06

digestate from anaerobic treatment of animal and vegetable waste

19 06 99

wastes not otherwise specified

19 07

landfill leachate

19 07 02*

landfill leachate containing dangerous substances

19 07 03

landfill leachate other than those mentioned in 19 07 02

19 08

wastes from waste water treatment plants not otherwise specified

19 08 01

screenings

19 08 02

waste from desanding

19 08 05

sludges from treatment of urban waste water

19 08 06*

saturated or spent ion exchange resins

19 08 07*

solutions and sludges from regeneration of ion exchangers

19 08 08*

membrane system waste containing heavy metals

19 08 09

grease and oil mixture from oil/water separation containing only edible oil and fats

19 08 10*

grease and oil mixture from oil/water separation other than those mentioned in 19 08 09

19 08 11*

sludges containing dangerous substances from biological treatment of industrial waste water

19 08 12

sludges from biological treatment of industrial waste water other than those mentioned in 19 08 11

19 08 13*

sludges containing dangerous substances from other treatment of industrial waste water

19 08 14

sludges from other treatment of industrial waste water other than those mentioned in 19 08 13

19 08 99

wastes not otherwise specified

19 09

wastes from the preparation of water intended for human consumption or water for industrial use

19 09 01

solid waste from primary filtration and screenings

19 09 02

sludges from water clarification

19 09 03

sludges from decarbonation

19 09 04

spent activated carbon

19 09 05

saturated or spent ion exchange resins

19 09 06

solutions and sludges from regeneration of ion exchangers

19 09 99

wastes not otherwise specified

19 10

wastes from shredding of metal-containing wastes

19 10 01

iron and steel waste

19 10 02

non-ferrous waste

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19 10 03*

fluff-light fraction and dust containing dangerous substances

19 10 04

fluff-light fraction and dust other than those mentioned in 19 10 03

19 10 05*

other fractions containing dangerous substances

19 10 06

other fractions other than those mentioned in 19 10 05

19 11

wastes from oil regeneration

19 11 01*

spent filter clays

19 11 02*

acid tars

19 11 03*

aqueous liquid wastes

19 11 04*

wastes from cleaning of fuel with bases

19 11 05*

sludges from on-site effluent treatment containing dangerous substances

19 11 06

sludges from on-site effluent treatment other than those mentioned in 19 11 05

19 11 07*

wastes from flue-gas cleaning

19 11 99

wastes not otherwise specified

19 12

wastes from the mechanical treatment of waste (e.g. sorting, crushing, compacting, pelletising) not
otherwise specified

19 12 01

paper and cardboard

19 12 02

ferrous metal

19 12 03

non-ferrous metal

19 12 04

plastic and rubber

19 12 05

glass

19 12 06*

wood containing dangerous substances

19 12 07

wood other than that mentioned in 19 12 06

19 12 08

textiles

19 12 09

minerals (e.g. sand, stones)

19 12 10

combustible waste (refuse derived fuel)

19 12 11*

other wastes (including mixtures of materials) from mechanical treatment of waste containing dangerous
substances

19 12 12

other wastes (including mixtures of materials) from mechanical treatment of wastes other than those
mentioned in 19 12 11

19 13

wastes from soil and groundwater remediation

19 13 01*

solid wastes from soil remediation containing dangerous substances

19 13 02

solid wastes from soil remediation other than those mentioned in 19 13 01

19 13 03*

sludges from soil remediation containing dangerous substances

19 13 04

sludges from soil remediation other than those mentioned in 19 13 03

19 13 05*

sludges from groundwater remediation containing dangerous substances

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19 13 06

sludges from groundwater remediation other than those mentioned in 19 13 05

19 13 07*

aqueous liquid wastes and aqueous concentrates from groundwater remediation containing dangerous
substances

19 13 08

aqueous liquid wastes and aqueous concentrates from groundwater remediation other than those
mentioned in 19 13 07

20

MUNICIPAL WASTES (HOUSEHOLD WASTE AND SIMILAR COMMERCIAL, INDUSTRIAL AND INSTI-
TUTIONAL WASTES) INCLUDING SEPARATELY COLLECTED FRACTIONS

20 01

separately collected fractions (except 15 01)

20 01 01

paper and cardboard

20 01 02

glass

20 01 08

biodegradable kitchen and canteen waste

20 01 10

clothes

20 01 11

textiles

20 01 13*

solvents

20 01 14*

acids

20 01 15*

alkalines

20 01 17*

photochemicals

20 01 19*

pesticides

20 01 21*

fluorescent tubes and other mercury-containing waste

20 01 23*

discardedequipment containing chlorofluorocarbons

20 01 25

edible oil and fat

20 01 26*

oil and fat other than those mentioned in 20 01 25

20 01 27*

paint, inks, adhesives and resins containing dangerous substances

20 01 28

paint, inks, adhesives and resins other than those mentioned in 20 01 27

20 01 29*

detergents containing dangerous substances

20 01 30

detergents other than those mentioned in 20 01 29

20 01 31*

cytotoxic and cytostaticmedicines

20 01 32

medicines other than those mentioned in 20 01 31

20 01 33*

batteries and accumulators included in 16 06 01, 16 06 02 or 16 06 03 and unsorted batteries and
accumulators containing these batteries

20 01 34

batteries and accumulators other than those mentioned in 20 01 33

20 01 35*

discarded electrical and electronic equipment other than those mentioned in 20 01 21 and 20 01 23
containing hazardous components (1)

20 01 36

discarded electrical and electronic equipment other than those mentioned in 20 01 21, 20 01 23 and
20 01 35

20 01 37*

wood containing dangerous substances

20 01 38

wood other than that mentioned in 20 01 37

20 01 39

plastics

(1) Hazardous components from electrical and electronic equipment may include accumulators and batteries mentioned in 16 06 and

marked as hazardous, mercury switches, glass from cathode ray tubes and other activated glass, etc.

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20 01 40

metals

20 01 41

wastes from chimney sweeping

20 01 99

other fractions not otherwise specified

20 02

garden and park wastes (including cemetery waste)

20 02 01

biodegradable waste

20 02 02

soil and stones

20 02 03

other non-biodegradable wastes

20 03

other municipal wastes

20 03 01

mixed municipal waste

20 03 02

waste from markets

20 03 03

street-cleaning residues

20 03 04

septic tank sludge

20 03 06

waste from sewage cleaning

20 03 07

bulky waste

20 03 99

municipal wastes not otherwise specified

Part 3

List A (Annex II to the Basel Convention) (1)

Y46 Waste collected from households (2)

Y47 Residues arising from the incineration of household wastes

List B (Waste from Appendix 4, Part II of the OECD Decision (3))

Metal-bearing wastes

AA 010

2619 00

Dross, scalings and other wastes from the manufacture of iron and steel (4)

AA 060

2620 50

Vanadium ashes and residues (4)

AA 190

8104 20
ex 8104 30

Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with
water, flammable gases in dangerous quantities

Wastes containing principally inorganic constituents, which may contain metals and organic materials

AB 030

AB 070

Wastes from non-cyanide based systems which arise from surface treatment of metals

Sands used in foundry operations

AB 120

ex 2812 90

Inorganic halide compounds, not elsewhere specified or included

ex 3824

AB 150

ex 3824 90

Unrefined calcium sulphite and calcium sulphate from flue gas desulphurisation (FGD)

(1) This list originates from Appendix 4, Part I of the OECD Decision.
(2) Unless appropriately classified under a single entry in Annex III.
(3) The wastes numbered AB 130, AC 250, AC 260 and AC 270 have been deleted since they have been considered, in accordance with
the procedure laid down in Article 18 of Directive 75/442/EEC, to be non-hazardous and therefore not subject to the export prohibi-
tion laid down in Article 35 of this Regulation.

(4) This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material

is expressly listed elsewhere.

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Wastes containing principally organic constituents, which may contain metals and inorganic materials

AC 060

ex 3819 00

Hydraulic fluids

AC 070

ex 3819 00

Brake fluids

AC 080

ex 3820 00

Antifreeze fluids

AC 150

AC 160

Chlorofluorocarbons

Halons

AC 170

ex 4403 10

Treated cork and wood wastes

Wastes which may contain either inorganic or organic constituents

AD 090

ex 3824 90

Wastes from production, formulation and use of reprographic and photographic chemi-
cals and materials not elsewhere specified or included

AD 100

Wastes from non-cyanide based systems which arise from surface treatment of plastics

AD 120

ex 3914 00

Ion exchange resins

ex 3915

AD 150

Naturally occurring organic material used as a filter medium (such as bio-filters)

Wastes containing principally inorganic constituents, which may contain metals and organic materials

RB020

ex 6815

Ceramic based fibres of physico-chemical characteristics similar to those of asbestos

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INFORMATION ACCOMPANYING SHIPMENTS OF WASTE AS REFERRED TO IN ARTICLE 3(2) AND (4)

ANNEX VII

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ANNEX VIII

GUIDELINES ON ENVIRONMENTALLY SOUND MANAGEMENT (ARTICLE 48)

I. Guidelines adopted under the Basel Convention

1. Technical guidelines on the environmentally sound management of biomedical and health care wastes (Y1; Y3) (1)

2. Technical guidelines on the environmentally sound management of waste lead acid batteries (1)

3. Technical guidelines on the environmentally sound management of the full and partial dismantling of ships (1)

II. Guidelines adopted by the OECD:

Technical guidance for the environmentally sound management of specific waste streams:

used and scrap personal computers (2)

III. Guidelines adopted by the International Maritime Organisation (IMO)

Guidelines on ship recycling (3)

IV. Guidelines adopted by the International Labour Office (ILO):

Safety and health in shipbreaking: guidelines for Asian countries and Turkey (4)

(1) Adopted by the 6th Conference of the Parties to the Basel Convention on the Control of Transboundary Movements of Hazardous

Waste and Their Disposal, 9 to 13 December 2002.

(2) Adopted by the Environment Policy Committee of the OECD in February 2003 (document ENV/EPOC/WGWPR(2001)3/FINAL).
(3) Resolution A.962 adopted by the Assembly of the IMO at its 23rd Regular session, 24 November to 5 December 2003.
(4) Approved for publication by the Governing Body of the ILO at its 289th session, 11 to 26 March 2004.

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ADDITIONAL QUESTIONNAIRE FOR REPORTS BY MEMBER STATES PURSUANT TO ARTICLE 50(2)

ANNEX IX

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 1 July 2003, the Commission presented to the Council its proposal for a Regulation of the

European Parliament and of the Council on shipments of waste.

2. The European Parliament gave its opinion on 19 November 2003.

The Economic and Social Committee adopted its opinion on 28 January 2004.

The Committee of the Regions announced its intention not to give an opinion by letter dated 23
October 2003.

3. On 10 March 2004, the Commission presented its amended proposal.

4. On 24 June 2005, the Council adopted its common position in accordance with Article 251(2) of

the Treaty.

II. OBJECTIVE

The general objectives of the proposed Regulation are to:

— transpose into Community legislation the revised OECD Council Decision (1) and the revised Basel

Convention (2) on the control of transboundary movements of wastes,

— address the difficulties encountered in applying, administering and enforcing the 1993 Council

Regulation (the 1993 Regulation) (3),

— pursue global harmonisation in the area of transboundary shipments of wastes, and

— reorganise and simplify the structure of the Articles of the 1993 Regulation.

Main elements proposed include, inter alia, changes to the overall procedural framework (in particular
regarding prior written notification and consent and information requirements), changes and clarifica-
tions regarding scope and definitions, provisions regarding shipments of waste between and within
Member States, and provisions for exports and imports.

III. ANALYSIS OF THE COMMON POSITION

1. General

Of the 103 amendments proposed by the European Parliament at first reading, the common posi-
tion incorporates 41 (totally, in part or in principle, by means of identical or similar wording, or in
spirit). The Council considers that the common position does not alter the approach and aims of
the original Commission proposal and notes that the Commission cannot accept the choice of legal
base, the possibility for Member States to object to shipments of waste destined for recovery and
the total exclusion of animal by-products from the scope of the Regulation.

(1) OECD Decision C (2001) 107 Final of 21 May 2002 concerning the revision of Decision C(92) 39/FINAL on the

control of transboundary movements of wastes destined for recovery operations.

(2) Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous wastes and their

disposal (OJ L 39, 16.2.1993, p. 3), amended on 6 November 1998.

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

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2. European Parliament amendments

In its plenary vote on 19 November 2003, the EP adopted 103 amendments to the proposal.

41 of these have been incorporated into the Council's common position, either verbatim, in part or
in spirit.

62 amendments have not been adopted.

The accepted/rejected amendments are listed below in the order of their inclusion in the common
position. However, if several amendments relate to the same issue, they are addressed together at
the first occurrence.

(a) Accepted amendments

Amendment 1: Accepted and incorporated.

Amendment 83/rev: Accepted and reflected in recital 1.

Amendment 8: Accepted in principle and reflected in recital 31.

Amendment 9: Accepted in part in Article 1(3)(g) and recital 9.

Amendment 10: Incorporated in principle. The entire Article 1(5) as proposed by the Commis-
sion has been deleted in order to avoid confusion by singling out certain provisions.

Amendment 12: Accepted in Article 2.

Amendments 13 and 14: Accepted in principle and reflected in Article 2(5) and (7). However, the
definitions in Directive 75/442/EEC have been adhered to.

Amendment 15: Accepted and reflected in Article 2(15).

Amendment 113: Accepted and reflected in Article 2(25).

Amendment 79: Accepted and reflected in Article 3(5).

Amendment 81: Accepted in part and principle and reflected in Article 3(5).

Amendment 22: Accepted.

Amendment 52: Accepted in principle and reflected in Article 4, first sentence.

Amendment 24: Accepted in part in Article 4, point 3 and Article 8(1). (See also amendment
29).

Amendments 96 and 97: Accepted in part and in principle, and reflected in Articles 4, point 5
and 6(2).

Amendment 29: Accepted in part in Article 7. (See also amendment 30).

Amendment 30: Accepted in principle and reflected in Article 8(1) and (2).

Amendments 108 and 115: Accepted in Article 11(1)(e).

Amendment 42: Accepted in principle and reflected in Article 12(1)(c).

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Amendment 47: Accepted in principle and reflected in Article 12(1)(c), Article 12(5) and (6),
recital 21 as amended and Article 59(2).

Amendment 45: Accepted and reflected in Article 12(1)(h).

Amendment 100: Accepted and incorporated in Article 16, under (b) and Article 17(1).

Amendment 84/rev: Accepted in principle in Article 16, under (e) and Article 15, under (e) (see
Article 6(5)).

Amendment 57: Accepted in Article 23(5).

Amendments 58 and 101: Accepted in principle and incorporated in Articles 25(4) and 58(1)(f).

Amendment 60: Accepted in principle and incorporated in Article 29.

Amendment 62: Accepted in Article 40(1)(d).

Amendment 63: Accepted in Article 41(2)(b).

Amendment 64: Accepted in Article 42(1)(e).

Amendment 65: Accepted in Article 43(2)(c).

Amendment 61: Accepted in principle and reflected in Article 48(2).

Amendment 103: Accepted in Article 57(1).

Amendment 28: Accepted in part in recital 37 (on timetable for completion of the method in
Article 58(1)(a)).

Amendments 82 and 46 (merged to one amendment): Accepted in part and reflected in Article
58(1)(b).

Amendment 75: Accepted in Annex VIII, Part III.

Amendment 76: Accepted in Annex VIII, Part II.

Amendment 77: Accepted in Annex VIII, Part IV.

(b) Rejected amendments

R e c i t a ls

Amendment 2: Currently, the waste strategy is being reviewed and the text of the amendment
seems unbalanced with regard to other important aspects such as the application of the internal
market-rules also to waste for re-use and recycling.

Amendment 3: The content of this amendment would negatively prejudge the still open debate
on incineration.

Amendment 107: This is a factual statement which is not considered to be needed.

Amendments 110 and 121: Are contrary to the OECD Decision (see Article 40(4) which contains
a similar provision as in amendment 121 for imports of waste destined for disposal.

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Amendment 109: The Regulation does not cover the generation of hazardous waste. It can be
noted that the second part of the amendment, relating to the proximity principle, can be raised
in order to object to a shipment for disposal.

Amendment 4: It is not considered appropriate to make such a reference in a recital.

Amendment 5: The abandonment/dumping or uncontrolled disposal is already prohibited by
existing EU legislation.

Amendment 6: Considered to be too vague in the context of Article 12(1)(g) and (h).

Amendment 7: It is not necessary to state in a recital what the EU should achieve in the Basel
context.

Amendments 111, 112 and 92/rev: With regard to ships, these amendments are out of context; it
is a matter for determination in the context of the Basel Convention. With regard to vehicles,
these amendments are not considered directly relevant, they are part of the waste strategy and
future work by the Commission.

Ar ti c le s

Amendment 11: This amendment has been rejected because duplication between this Regulation
and Regulation (EC) No 1774/2002 should be avoided while maintaining an equivalent level of
control (see also Article 59(1) and new recitals 10 and 11).

Amendments 17 and 18 (merged to one amendment): These amendments have been rejected since
they conflict with the Basel Convention and the OECD Decision and their provisions for dealing
with ‘green’ waste.

Amendment 19: OECD did not foresee this exemption for waste destined for research, and such
an exemption was considered to be too broad.

Amendment 20: Article 3(5) of the Commission's proposal and the corresponding Annex were
deleted given the recent adoption of Regulation (EC) No 850/2004 on persistent organic pollu-
tants and amending Directive 79/117/EEC.

Amendments 21, 26, 34, 41 and 91/rev: The Regulation foresees specific provisions in case of
interim operations — as agreed in OECD. The Council considers that, given that interim opera-
tions take place, the best solution was not to forbid them but to elaborate a system allowing
competent authorities to keep track of the waste throughout the shipment and its non-interim
recovery or disposal.

Amendment 126: This amendment was considered to be superfluous.

Amendment 122: This amendment has been rejected as it is not compatible with the Basel
Convention.

Amendments 85/rev and 27: Since this Regulation contains specific provisions regarding interim
operations, such specific provisions are also necessary regarding financial guarantees or equiva-
lent insurances (see Article 6(6)). Therefore, these amendments have been rejected.

Amendment 31: This amendment has been rejected since it was considered more appropriate
that the competent authorities signify their written consent on the notification document or the
copy thereof.

Amendments 86/rev, 87/rev and 88/rev: These amendments run counter to simplification objec-
tive. 180 days not taken; consistency with OECD timeframes (One year for shipment — Articles
9(4), (5) and (6) and one year for recovery or disposal from receipt of the waste — Article 9(7)).

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Amendments 32 and 33: Have not been incorporated as they were considered not to be necessary
and to be too burdensome.

Amendment 35: For waste destined for recovery, competent authorities may, under certain
conditions, use a ground for objection based on national environmental standards (see Article
12(1)(c) which relates to amendments 42 and 47). For waste destined for disposal, such a
ground for objection is not adequate since there are already standards in place at EU level (in
particular Directive 1999/31/EC on the landfill of waste, Directive 2000/76/EC on the incinera-
tion of waste, Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and
polychlorinated terphenyls (PCB/PCT) and Regulation (EC) No 850/2004 on persistent organic
pollutants and amending Directive 79/117/EEC.

Amendment 80: Has not been incorporated, but it should be noted that the new paragraph 5 of
Article 3 now envisages that such waste will be treated, in all cases, as if destined for disposal.

Amendment 37: It has been considered preferable to retain the reference to the Community in
line with the Waste Framework Directive.

Amendment 38: In relation to Article 7 of the Waste Framework Directive, consistency with
management plans is dealt with in Article 11(1)(g), consistency with legally binding EU stan-
dards in Article 11(1)(i). See also comment on amendment 35.

Amendment 39: This amendment has been rejected due to the potential undesirable effect of
allowing shipments of waste for disposal upon the claim that a ‘specialist’ facility did not exist
in a Member State of dispatch, when there was another appropriate disposal facility within this
state. It was therefore thought appropriate to allow shipments for waste for disposal only where
aggregate national facilities were insufficient.

Amendment 40: Has not been incorporated as it would lead to an unnecessary regulatory
burden. See also comment on amendment 50.

Amendment 116: Is contrary to the OECD Decision. In addition, it runs counter to the principle
of the internal market for waste destined for recovery. As far as waste destined for recovery is
concerned see inserted text in Article 11(1)(e) (see amendment 115).

Amendment 117: Is contrary to the OECD Decision. In addition, it runs counter to the principle
of the internal market for waste destined for recovery — it is not because the dispatch country
has the capacity to recover the waste that it must necessarily be recovered in that country.

Amendment 44: Is contrary to the OECD Decision. In addition, it runs counter to the principle
of the internal market for waste destined for recovery and is not consistent with Article 5 of the
Waste Framework Directive.

Amendment 48: Not taken as such, but comments on amendment 47 are relevant as regards
objections when EU standards are absent.

Amendment 49: Not taken, but work undertaken by Commission (Article 58(1)(b)) will be rele-
vant.

Amendment 50: Not incorporated as it would lead to an unnecessary regulatory burden.

Amendment 51: This amendment is considered not to be needed (see Article 9 for duration of
consent, applicable to general notifications and Article 4, first sentence).

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Amendment 99: Not taken since the provisions are not practical. There is no need for a further
procedure.

Amendment 53: Rejected as OECD provides for this.

Amendment 54: Not consistent with OECD timeframes.

Amendment 55: Is contrary to the OECD Decision. Accompanying the shipment with the infor-
mation listed in Annex VII is considered to be sufficient (see comment on amendments 17 and
18).

Amendment 56: Not taken since Article 20 of the Commission's proposal has not been consid-
ered necessary.

Amendment 105: Has been rejected since providing a contract on request by a competent
authority is considered to be necessary for an efficient control.

Amendment 59: The Council believes that this is a matter for Member States.

Amendment 66: Has not been incorporated because of concerns regarding confidentiality and is
considered too burdensome for the competent authorities.

Amendment 67: Has not been incorporated since the Accession Treaties are not to be changed
via a committee procedure (see new Article 62).

Amendments 78 and 106 (merged to one amendment): These amendments have been rejected as
their purpose is not very clear and it goes against Basel/OECD harmonisation. The EU should
not unilaterally change the OECD Decision.

Amendment 68: Has not been incorporated since entries from the OECD Decision should not be
changed unilaterally by the EU.

Amendments 69 and 70: These amendments have been rejected because harmonisation with the
Basel Convention should be maintained.

Amendments 71, 72 and 73: These amendments have not been incorporated since the EU list of
wastes (Commission decision 2000/532/EC) should not be changed by this Regulation.

Amendment 74: Not considered to be necessary since Articles 33, 35 and 37 define which
exports are allowed (see Article 48(2)(a)). In all cases, guidelines are listed ‘to seek guidance’
(Article 48(2) last sentence).

IV. CONCLUSION

The changes introduced by the Council to the Commission's amended proposal aim to improve the
practicality and respond to concerns in certain Member States, while striving to ensure that the Com-
munity and the Member States respect and adhere to existing international obligations in the field.

Despite the fact that the Council is not able to accept all the amendments adopted by the European
Parliament, it considers that the common position coincides to a large extent with the concerns of the
Parliament.