Opinion of the Commission pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Regulation of the European Parliament and of the Council on shipments of waste amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2005-12-01
Institutions: European Commission
Subjects: administrative formalities, amendment of a law, drafting of EU law, environmental protection, export of waste, hazardous waste

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 1.12.2005 
COM(2005) 641 final 

2003/0139 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on shipments of waste 

AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250 (2) of the 
EC Treaty 

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2003/0139 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 251 (2), third subparagraph, point (c) of the EC Treaty, 
on the European Parliament's amendments 
to the Council's common position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

on shipments of waste 

1. 

INTRODUCTION 

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is 
to  deliver  an  opinion  on  the  amendments  proposed  by  the  European  Parliament  at  second 
reading.  The  Commission  sets  out  its  opinion  below  on  the  62  amendments  adopted  by 
Parliament.  

2. 

BACKGROUND 

The  proposal  COM(2003)379  final  –  2003/0139(COD)  was  transmitted  to  the  European 
Parliament and the Council on 30 June 2003. 

The European Parliament gave its opinion at first reading on 19 November 2003. 

The European Economic and Social Committee gave its opinion on 28 January 2004. 

The Committee of the Regions has been consulted but has not delivered an opinion. 

Following  the  opinion  of  the  European  Parliament  and  pursuant  to  Article  250(2),  the 
Commission  transmitted  its  amended  proposal  COM(2004)172  final  to  the  European 
Parliament and the Council on 9 March 2004.  

Pursuant  to  Article  251(2)  of  the  EC  Treaty,  the  Council  adopted  the  Common  Position 
formally  on  24  June  2005.  The  Commission’s  Communication  on  the  Council’s  Common 
Position COM(2005)303 final was transmitted to the European Parliament on 1 July 2005 and 
the European Parliament adopted its position at second reading on 25 October 2005.  

3. 

PURPOSE OF THE PROPOSAL 

The proposal has four main objectives: 

•  Implementing  the  OECD  Council  Decision  C(2001)107  of  14  June  2001  in  Community 

legislation. 

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•  Addressing  the  problems  encountered  in  the  application,  administration  and  enforcement 

of the 1993 Regulation and establishing greater legal clarity. 

•  Pursuing global harmonisation in the area of transboundary shipments of waste. 

•  Enhancing the structure of the Articles of the Regulation. 

4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

On  25  October  2005,  the  European  Parliament  adopted  62  amendments  of  the  Council’s 
Common Position. The Commission can accept all individual amendments in full as set out 
below. The specific issues on which the Commission cannot agree with the Common Position 
have  been  set  out  in  the  Commission’s  Communication  on  the  Council’s  Common  Position 
COM(2005)303 final.  

Amendments  1,  2,  102  and  104  with  regard  to  the  recitals  clarify  the  provisions  concerned 
and  facilitate  the  application  of  the  Regulation.  Amendment  103  relates  to  the  safe  and 
environmentally  sound  management  of  ship  dismantling  and  the  work  going  on  to  establish 
mandatory requirements at the global level in this regard.  

Amendment 6 excludes the application of the Regulation in certain cases where it would be 
disproportionate  with  regard  to  waste  generated  on  board  vehicles,  trains,  ships  and 
aeroplanes.  

Amendments 12, 17-22, 26, 32, 38, 40-45, 47-50, 53, 55, 57-62, 70, 79-80, 90, 105 and 108 
clarify  the  provisions  concerned  and  improve  the  consistency  of  different  provisions  of  the 
Regulation. 

Amendment 14 facilitates the implementation of take-back schemes for non-hazardous waste. 

Amendments 29 and 36 enable the competent authorities of transit to raise certain objections 
to shipments of waste where this would be justified. 

Amendments 63, 106, 110, 111 and 113 strengthen the controls of waste shipments and the 
enforcement  of  the  Regulation.  Amendment  112  contributes  to  better  application  of  the 
Regulation. 

Amendments  71-75  and  77  ensure  full  clarity  with  regard  to  the  legal  situation  concerning 
waste shipments to Bulgaria and Romania during the transitional periods applicable pursuant 
to the Accession Treaty for those countries.  

Amendments  84-85  contribute  to  further  alignment  with  the  Basel  Convention  of  22  March 
1989 on the control of transboundary movements of hazardous waste and their disposal. 

Amendment 109 increases transparency and information concerning waste shipments while at 
the same time guaranteeing confidentiality under national or Community legislation.  

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5. 

CONCLUSION 

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out 
above. 

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