Proposal for a COUNCIL DECISION on the submission, on behalf of the European Union, of applications for new entries in Annex VIII or IX to the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal
Date: 2013-01-28
Institutions: European Commission
Subjects: export of waste, hazardous waste, import (EU), international convention, revision of an agreement, waste disposal

EUROPEAN 
COMMISSION 

Brussels, 28.1.2013  
COM(2013) 20 final 

2013/0011 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of applications for new entries in 
Annex VIII or IX to the Basel Convention on the control of transboundary movements 
of hazardous wastes and their disposal 

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EXPLANATORY MEMORANDUM 

The  Basel  Convention  on  the  Control  of  Transboundary  Movements  of  Hazardous 
Wastes  and  Their  Disposal,  done  on  22  March  1989  (the  "Basel  Convention"), 
establishes  a  control  procedure  for  the  export  and  import  of  hazardous  wastes 
between  Parties.  The  Convention  entered  into  force  in  1992  and  now  binds  175 
Parties. The EU is a Party to the Basel Convention. 

The  procedure  for  amending  annexes  of  the  Basel  Convention  is  governed  by 
Articles  17  and  18  of  the  Convention.  More  particularly,  any  proposed  amendment 
must be made by a Party and communicated by the Secretariat to all Parties at least 
six months before the meeting at which it is proposed for adoption. In addition, any 
such amendment must be adopted at a meeting of the Conference of the Parties and 
may become effective six months from the date of issuance of a circular notification 
by the Depositary. 

Applications  for  new  entries  in  Annex  VIII  or  IX  to  the  Basel  Convention  are 
governed by the procedure agreed at the 8th meeting of the Conference of the Parties 
to the Basel Convention under Decision VIII/15 "Revisions to the procedure for the 
review or adjustment of the lists of wastes contained in Annexes VIII and IX." 

Pursuant to Article 58 of Regulation (EC) No 1013/2006 of the European Parliament 
and  of  the  Council  of  14  June  2006  on  shipments  of  waste1,  the  annexes  to  this 
Regulation may be amended in accordance with the procedure established by Article 
39 of Directive 2008/98/EC of the European parliament and of the Council2 to take 
account of scientific and technical progress. According to Article 58(1) of Regulation 
(EC) No 1013/2006, wastes are added in Annex IIIA, IIIB, IV or V on a provisional 
basis  pending  a  decision  on  their  inclusion  in  the  relevant  annexes  to  the  Basel 
Convention  or  to  Decision  C(2001)107/Final  of  the  OECD  Council  concerning  the 
revision  of  Decision  C(92)39/Final  on  control  of  transboundary  movements  of 
wastes destined for recovery operations. 

Following  an  amendment  of  Annex  IIIA,  IIIB,  IV  or  V  to  Regulation  (EC)  No 
1013/2006, it is necessary, in order to ensure consistency, to submit, on behalf of the 
European Union, the necessary applications for corresponding entries in Annex VIII 
or  IX  to  the  Basel  Convention  on  the  control  of  transboundary  movements  of 
hazardous wastes and their disposal.  

According to the procedure agreed at the 8th meeting of the Conference of the Parties 
to the Basel Convention under Decision VIII/15, any proposed amendment must be 
made  by  a  Party  and  communicated  by  the  Secretariat  to  all  Parties  at  least  six 
months  before  the  meeting  at  which  it  is  proposed  for  adoption.  Any  such 
amendment must be adopted at a meeting of the Conference of the Parties and may 
become effective six months from the date  of  issuance  of  a  circular  notification  by 
the Depositary. 

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OJ L 190, 12.7.2006, p.1 
OJ L 312, 22.11.2008, p.3 

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2013/0011 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the submission, on behalf of the European Union, of applications for new entries in 
Annex VIII or IX to the Basel Convention on the control of transboundary movements 
of hazardous wastes and their disposal 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 191(1), in conjunction with Article 218(9), thereof, 

Having regard to the proposal from the European Commission, 

Whereas: 

(1) 

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As  a  Party  to  the  Basel  Convention  on  the  control  of  transboundary  movements  of 
hazardous  wastes  and  their  disposal,  the  European  Union  may  make  proposals  for 
amendments to annexes to the Basel Convention. 

Applications  for  new  entries  in  Annex  VIII  or  IX  to  the  Basel  Convention  are 
governed by the procedure agreed at the 8th meeting of the Conference of the Parties to 
the  Basel  Convention  under  Decision  VIII/15  "Revisions  to  the  procedure  for  the 
review or adjustment of the lists of wastes contained in Annexes VIII and IX". 

Following  an  amendment  of  Annex  IIIA,  IIIB,  IV  or  V  to  Regulation  (EC)  No 
1013/2006  of  the  European  Parliament  and  of  the  Council  of  14  June  2006  on 
shipments of waste3, it appears necessary to ensure consistency with Annex VIII or IX 
of the Basel Convention by amending them accordingly. 

The  Union  should  therefore  submit  the  necessary  applications  for  those  entries  in 
Annex IIIA, IIIB, IV or V to Regulation (EC) No 1013/2006 which can be included in 
Annex VIII or IX to the Basel Convention. 

(5)  With  a  view  to  the  meeting  of  the  Parties  to  the  Basel  Convention  at  which  an 
amendment  of  Annex  VIII  or  IX  to  the  Convention  is  proposed  for  adoption,  it  is 
appropriate  that  the  Union  submits  to  the  Secretariat  of  the  Basel  Convention  the 
necessary applications for new entries in these annexes at least six months before such 
meeting. 

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OJ L 190, 12.7.2006, p.1 

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HAS ADOPTED THIS DECISION:  

Article 1 

Following an amendment which adds new entries in Annex IIIA, IIIB, IV or V to Regulation 
(EC) No 1013/2006 that can be included in Annex VIII or IX to the Basel Convention on the 
control of transboundary movements of hazardous wastes and their disposal , the Union shall 
submit the necessary applications under the Convention. 

Article 2 

The  Commission  shall  communicate  these  applications  to  the  Secretariat  of  the  Basel 
Convention at least six months before the next meeting of the Parties to this Convention. 

Done at Brussels, 

For the Council 
The President 

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