Commission Regulation (EC) No 740/2008 of 29 July 2008 amending Regulation (EC) No 1418/2007 as regards the procedures to be followed for export of waste to certain countries (Text with EEA relevance)
Date: 2008-07-29
Institutions: European Commission
Subjects: export monitoring, export of waste, third country, waste management

L 201/36

EN

Official Journal of the European Union

30.7.2008

COMMISSION REGULATION (EC) No 740/2008

of 29 July 2008

amending Regulation (EC) No 1418/2007 as regards the procedures to be followed for export of
waste to certain countries

(Text with EEA relevance)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

(3)

Having regard to the Treaty
Community,

establishing the European

Having regard to Regulation (EC) No 1013/2006 of
the
European Parliament and of the Council of 14 June 2006 on
shipments of waste (1), and in particular the third subparagraph
of Article 37(2) thereof,

After consultation of the countries concerned,

Whereas:

(1)

(2)

Any ambiguity should be removed with regard to the
applicability of Article 18 of Regulation (EC) No
1013/2006 to shipments of waste where a country in
its reply to the Commission’s request in accordance with
the first subparagraph of Article 37(1) of Regulation (EC)
No 1013/2006 has indicated it will not prohibit those
shipments nor apply the procedure of prior written noti­
fication and consent to them as described in Article 35
of that Regulation.

its Article 36 may be

The Commission has received replies from Bosnia and
Herzegovina,
Iran and Togo to its written requests
seeking confirmation in writing that waste which is
listed in Annex III or
IIIA to Regulation (EC) No
1013/2006 and the export of which is not prohibited
exported from the
under
Community
and
countries
requesting an indication from them as to which control
followed there. The
procedure,
Commission has
information
relating to Côte d’Ivoire, Malaysia, Moldova (2), Russia
and Ukraine. The Annex to Commission Regulation
(EC) No 1418/2007 (3) should therefore be amended to
take this into account.

also received further

any, would be

in those

recovery

for

if

It has been pointed out by the government of Liech­
to be regarded as a
tenstein that Liechtenstein is
country
applies.
to which
Article 37(2) of Regulation (EC) No 1013/2006
therefore does not apply to that country, and Liech­
tenstein should be deleted from the Annex to Regulation
(EC) No 1418/2007.

the OECD Decision

(4)

Regulation (EC) No 1418/2007 should be amended
accordingly,

HAS ADOPTED THIS REGULATION:

Article 1

Regulation (EC) No 1418/2007 is amended as follows:

1. The following Article 1a is inserted:

‘Article 1a

Where a country in its reply to a written request sent by the
Commission in accordance with the first subparagraph of
Article 37(1) of Regulation (EC) No 1013/2006 indicates
that, with regard to certain shipments of waste, it will not
prohibit them nor apply the procedure of prior written noti­
fication and consent as described in Article 35 of that Regu­
that Regulation shall apply mutatis
lation, Article 18 of
mutandis to such shipments.’

2. The Annex to Regulation (EC) No 1418/2007 is amended in

accordance with the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the 14th day following
its publication in the Official Journal of the European Union.

It shall apply from the date of entry into force.

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

Done at Brussels, 29 July 2008.

For the Commission

Peter MANDELSON
Member of the Commission

(1) OJ L 190, 12.7.2006, p. 1. Regulation as

last amended by
Commission Regulation (EC) No 669/2008 (OJ L 188, 16.7.2008,
p. 7).

(2) The short form ‘Moldova’ is used to denote the Republic of Moldova.
(3) OJ L 316, 4.12.2007, p. 6.

30.7.2008

EN

Official Journal of the European Union

L 201/37

ANNEX

Note: Article 18 of Regulation (EC) No 1013/2006 applies to columns (c) and (d) in the Annex of Regulation (EC) No
1418/2007 by virtue of Article 1 of this Regulation.

1.

In the text preceding the country information, point (d) is replaced by the following:

‘(d) other control procedures will be followed in the country of destination under applicable national law.’

2. After the entry for Benin, the following entry is inserted:

‘Bosnia and Herzegovina

(a)

(b)

(c)

(d)

B3020

all other waste listed in Annex III
of Regulation (EC) No 1013/2006’

3. After the entry for Costa Rica, the following entry is inserted:

‘Côte d’Ivoire (Republic of Côte d’Ivoire)

(a)

(b)

(c)

(d)

from B1010:

all other waste

B2130

from B3030

all other waste

B3035 – B3130

B4010 – B4030

B1020 – B2120

GB040

7112

2620 30

2620 90

from B1010
— precious metals (gold, silver, the
not

but

platinum group,
mercury)

B3010 – B3020

from B3030
— waste

(including

yarn
waste and garnetted stock) of
man-made fibres

noils,

— 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

B3140

L 201/38

EN

Official Journal of the European Union

30.7.2008

(a)

(b)

(c)

(d)

GC030

ex 8908 00

GC050

GC010

GC020

GE020

ex 7001

ex 7019 39

GF010

GG030

ex 2621

GG040

ex 2621

GH013

3915 30

ex 3904 10-40

GN010

ex 0502 00

GN020

ex 0503 00

GN030

ex 0505 90’

4. The entry for Liechtenstein is deleted.

5. After the entry for Indonesia, the following entry is inserted:

‘Iran (Islamic Republic of Iran)

(a)

(b)

(c)

(d)

B1010 – B1090

from B1100:
— hard zinc spelter
— the following zinc-containing

drosses:
— galvanising slab zinc top

dross (> 90 % Zn)

— galvanising

zinc
bottom dross (> 92 % Zn)

slab

— zinc die-casting dross

(> 85 % Zn)

from B1100:
— the

following zinc-containing

drosses:
— hot-dip galvanisers slab zinc
dross (batch) (> 92 % Zn)

— zinc skimmings
— aluminium skimmings

(or

skims) excluding salt slag
— wastes of refractory linings,
including crucibles, originat­
ing from copper smelting
— slags from precious metals
further

for

processing
refining

— tantalum bearing tin slags
with less than 0,5 % tin

30.7.2008

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Official Journal of the European Union

L 201/39

(a)

(b)

(c)

(d)

B1120 – B1150

B1220 – B2010

B3010 – B3020

from B3050:
— wood

and

waste

scrap,
whether or not agglomerated
in logs, briquettes, pellets or
similar forms

B3080

B3140

GB040

7112

2620 30

2620 90

B1115

B1160 – B1210

B2020 – B2130

B3030 – B3040

from B3050:
— cork waste: crushed, granulated

or ground cork

B3060 – B3070

B3090 – B3130

B4010 – B4030

GC010

GC020

GC030

ex 8908 00

GC050

GE020

ex 7001

ex 7019 39

GF010

GG030

ex 2621

GG040

ex 2621

GH013

3915 30

ex 3904 10-40

GN010

ex 0502 00

GN020

ex 0503 00

GN030

ex 0505 90’

L 201/40

EN

Official Journal of the European Union

30.7.2008

6. After the entry for Thailand, the following entry is inserted:

‘Togo (Togolese Republic)

(a)

(b)

(c)

(d)

from B3010:
— scrap plastic of

the following
non-halogenated polymers and
copolymers:
— polypropylene
— polyethylene terephthalate

all other waste listed in Annex III
of Regulation (EC) No 1013/2006’

7. After the entry for Tunisia, the following entry is inserted:

(a)

(b)

(c)

(d)

B2020

B3010; B3020

all other waste listed in Annex III
of Regulation (EC) No 1013/2006’

8. The entry for Ivory Coast is deleted.

9. The entry for Malaysia is replaced by the following:

(a)

(b)

(c)

(d)

‘Ukraine

‘Malaysia

from B1010:
— molybdenum scrap
— cobalt scrap
— bismuth scrap
— zirconium scrap
— thorium scrap

from B1010
— precious metals (gold, silver,
the platinum group, but not
mercury)

— iron and steel scrap
— copper scrap
— aluminium scrap
— tin scrap

from B1010:
— nickel scrap
— zinc scrap
— tungsten scrap
— tantalum scrap
— magnesium scrap
— titanium scrap
— manganese scrap
— germanium scrap
— vanadium scrap
— scrap

of

indium,
niobium, rhenium and gallium

hafnium,

— rare earths scrap
— chromium scrap

30.7.2008

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Official Journal of the European Union

L 201/41

(a)

(b)

(c)

(d)

B1020 – B1090

from B1100:

all other waste

B1120 – B1140

B1160 – B1190

B1220 – B1240

from B2040:
— partially

calcium
refined
sulphate produced from flue-
gas desulphurisation (FGD)
— slag from copper production,
chemically stabilised, having a
high iron content (above 20 %)
to
and processed
industrial
(e.g.
DIN 4301 and DIN 8201)
mainly for
construction and
abrasive applications

specifications

according

B2070; B2080

B2100

B3040

from B1100:
— hard zinc spelter
— zinc skimmings

B1115

B1150

B1200; B1210

B1250 – B2030

from B2040:

all other wastes

B2060

B2090

B2110 – B2130

B3020 – B3035

B3010

L 201/42

EN

Official Journal of the European Union

30.7.2008

(a)

(b)

(c)

(d)

from B3050:
— wood

and

waste

scrap,
whether or not agglomerated
in logs, briquettes, pellets or
similar forms

from B3050:
— cork waste: crushed,

granulated or ground cork

and

from B3060:
— dried and sterilised vegetable
by-
waste,
residues
products, whether or not
in
the form of pellets, or a kind
feeding, not
used in animal
elsewhere specified or included
other
(only
rice
by-products
under
2302 20 100/900)

bran and

— other wastes
from the agro-
food industry
excluding by-
products which meet national
and international requirements
and standards
for human or
animal consumption:

and

from B3060:
— dried and sterilised vegetable
by-
waste,
residues
products, whether or not
in
the form of pellets, or a kind
feeding, not
used in animal
elsewhere
or
included (only rice bran and
other
under
by-products
2302 20 100/900)
— waste of bones

and horn-
cores,
defatted,
simply prepared (but not cut
to shape),
treated with acid
or degelatinised

unworked,

specified

— 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 – B3140

B4020

GE020

ex 7001

ex 7019 39

GF010

B4010

B4030

GB040

7112

2620 30

2620 90:

GC010

GC020

GC030

ex 8908 00

GC050

GG030

ex 2621

30.7.2008

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Official Journal of the European Union

L 201/43

(a)

(b)

(c)

(d)

GG040

ex 2621

GH013

3915 30

ex 3904 10-40

GN010

ex 0502 00

GN020

ex 0503 00

GN030

ex 0505 90

GN010

ex 0502 00

GN020

ex 0503 00

GN030

ex 0505 90’

10. The entry for Moldova is replaced by the following:

‘Moldova (Republic of Moldova)

(a)

(b)

(c)

(d)

from B3020:

all other waste

All other waste listed in Annex III of
Regulation (EC) No 1013/2006’

B1010

B2020

from B3020:
— unbleached

paperboard or of
paper or paperboard

paper

or
corrugated

— other paper or paperboard,
bleached
made mainly
chemical pulp, not coloured in
the mass

of

— paper

or

paperboard made
mainly of mechanical pulp (for
example, newspapers,
journals
and similar printed matter)

11. The entry for the Russian Federation is replaced by the following:

‘Russia (Russian Federation)

(a)

(b)

(c)

(d)

B2130

B3035; B3040

B3080

B1010 – B2120

B3010 – B3030

B3050 – B3070

L 201/44

EN

Official Journal of the European Union

30.7.2008

(a)

(b)

(c)

(d)

B3100

B3140

GE020

ex 7001

B3090

B3110 – B3130

B4010 – B4030

GB040

7112

2620 30

2620 90

GC010

GC020

GC030

ex 8908 00

GC050

GE020

ex 7019 39

GF010

GG030

ex 2621

GG040

ex 2621

GH013

3915 30

ex 3904 10-40

GN010

ex 0502 00

GN020

ex 0503 00

GN030

ex 0505 90’