CELEX: 51996PC0515
Language: en
Date: 1996-10-21
Title: Re-examined proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) Nº 259/93 on the supervision and control of shipments of waste within, into and out of the European Community

COMMISSION OF THE EUROPEAN COMMUNITIES
                                      Brussels, 21.10.1996
                                      COM(96) 515 final
                                      95/0107 (SYN)
                Re-examined proposal for a
             COUNCIL REGULATION (EC)
         amending Regulation (EEC) N* 259/93 on
     the supervision and control of shipments of waste
     within, into and out of the European Community
(presented by the Commission pursuant to Article 189 c (d)
                     of the EC Treaty)
 ---pagebreak---  ---pagebreak---                              EXPLANATORY MEMORANDUM
On 26 April 1995, the Commission adopted a proposal for a Council Regulation amending
Council Regulation (EEC) N° 259/93 on the supervision and control of shipments of waste
within, into and out of the European Community1.
The Economic and Social Committee adopted its opinion on 25 October 19952.
The European Parliament gave its opinion in first reading on 16 January 19963.
On 19 February 1996, the Commission adopted an amended proposal, in accordance with
Article 189a, paragraph 2, of the EC Treaty, incorporating 4 out of 5 amendments proposed
by the European Parliament4.
The Council formally adopted its common position on the Commission's amended proposal
on 28 May 19965.
The European Parliament examined the Council's common position at second reading on 18
September 1996 and approved it subject to 4 proposed amendments6.
The Commission has examined the amendments proposed by the European Parliament at
second reading and has incorporated them into the present re-examined proposal.
The Commission's position on each of the amendments approved by the European Parliament
at second reading is as follows.
Amendments of the recitals (amendments 1, 2 and 3):
Relevant background matters like the decision of the Third Conference of the Parties on the
amendment of the Basel Convention and the fact that EC definitions and lists do not entirely
concur with those of the Basel Convention and will therefore have to be adjusted in the future
(in particular to the list of hazardous wastes to be developed by that Convention), are now
included in the recitals (amendments 1 and 2). The re-examined proposal also includes
    'OJC 164,30.6.1995
    2
      OJC 18,22.1.96
    3
      OJC 32, 5.2.1996
    4
      OJC 107, 13.4.1996
    5
      OJC 219, 27.7.1996
    6
      Minutes of the session of 18.9.96, provisional edition, PE 252.044 part 2, pages 5 and 6
 ---pagebreak--- (amendment 3) the Commission's intention to establish, in accordance with the procedure laid
down in Article 18 of Directive 75/442/EEC and as soon as possible, an Annex 11(a) listing
those wastes featuring on the Community's list of hazardous wastes but which are not listed
in Annexes III or IV of the Regulation. This will subject those wastes also to the export ban.
Amendment of Articles of Regulation (EEC) N° 259/93 (amendment 4):
As re-examined in line with amendment 4, the scope of application of the proposed
Regulation amending Regulation (EEC) N° 259/93 is extended to cover not only wastes listed
in Annex 111 and IV, but also wastes listed in a new Annex 11(a). The objective of this
amendment is to effectively implement "Decision 11/12", i.e. to subject to the prohibition of
exports as of 1998 all wastes which are considered hazardous under Community legislation
In order to ensure this, Regulation (EEC) N° 259/93 and the EC list of hazardous waste as
adopted by Council Decision 94/904/EC7 need to be made coherent with each other. To this
end the Commission will, in accordance with the procedure laid down in Article 18 of
Directive 75/442/EEC, list in a new Annex IIA to the Regulation those wastes which are
considered hazardous in the Community, since they feature on the list of hazardous wastes,
but which do not feature in Annexes III or IV of Regulation (EEC) N° 259/93. The proposed
Regulation amending Regulation (EEC) N° 259/93 will also apply to wastes listed in this new
Annex 11(a).
The Commission considers that this amendment takes away doubts as to whether all hazardous
wastes would be covered by merely Annexes III and IV of Regulation (EEC) N° 259/93.
while it guarantees sufficient transparency for economic operators.
In accordance with Article 189c (d) of the EC Treaty, the Commission modifies as follows
the text of the Common Position on its proposal for a Council Regulation amending
Regulation (EEC) N° 259/93 on the supervision and control of shipments of waste within, into
and out of the European Community to include the accepted amendments in the Common
Position.
       OJN" L 356, 31.12.1994
 ---pagebreak---                       Re-examined proposal for a
                   COUNCIL REGULATION fRC)
              amending Regulation (EEC) N° 259/93 on
         the supervision and control of shipments of waste
          within, into and out of the European Community
COMMON POSITION                                RE-EXAMINED PROPOSAL
                                          new recital 5a
                                          Whereas the Third Conference of the
                                          Parties to the Basel Convention decided
                                          that the export of hazardous waste for
                                          recycling purposes from OECD to non-
                                          OECD countries shall be prohibited from
                                           1 January 1998:
                                          new recital 5b
                                          Whereas the EC's definitions of
                                          hazardous waste do not entirely concur at
                                          the present time with those of the Basel
                                           Convention and whereas, as this could
                                           result in waste covered by the Basel
                                           Convention's export ban still being
                                           exported from the EC. the EC's
                                           definitions and lists in this respect must
                                           be adjusted:
OJN" C 164, 30.6.1995, p. 8
 ---pagebreak---       COMMON POSITION                           AMENDED TEXT
                                          new recital 5c
                                          Whereas the Commission, in accordance
                                          with the procedure laid down in Article
                                          18 of Directive 75/442/EEC. will as soon
                                          as possible establish an Annex IKa)
                                          listing those wastes featuring on the list
                                          of hazardous wastes as adopted by
                                          Council Decision 94/904/EC1 but which
                                          are not listed in Annex HI or IV: whereas
                                          exports of wastes listed in this Annex
                                          IKa) will also be prohibited from 1
                                          January 1998 onwards.
HAS ADOPTED THIS REGULATION:              HAS ADOPTED THIS REGULATION:
Article 1                                 Article 1
Regulation (EEC) N° 259/93 is hereby      Regulation (EEC) N° 259/93 is hereby
amended as follows:                       amended as follows:
 1. Article 16, paragraph 1 is replaced    1. Article 16, paragraph 1 is replaced
by the following:                         by the following:
"Article 16                                "Article 16
1. All exports of waste listed in Annexes  1. All exports of waste listed in Annexes
III and IV for recovery shall be          III and IV for recovery shall be
prohibited except those to:               prohibited except those to:
(a) countries to which the OECD           (a) countries to which the OECD
Decision applies;                         Decision applies;
(b) other countries:                      (b) other countries:
- which are Parties, to the Basel         - which are Parties to the Basel
Convention and/or with which the          Convention and/or with which the
                                          Council Decision 94/904/EC of 22 December
                                          1994. establishing a list of hazardous waste
                                          pursuant to Article 1 (4) of Council Directive
                                          91/689/EEC on hazardous waste: OJ L 356
                                          of 31.12.1994. p. 14.
 ---pagebreak---       COMMON POSITION                            AMENDED TEXT
Community, or the Community and its        Community, or the Community and its
Member States, have concluded bilateral    Member States, have concluded bilateral
or multilateral or regional agreements     or multilateral or regional agreements
or arrangements in accordance with         or arrangements in accordance with
Article 11 of the Basel Convention and     Article 11 of the Basel Convention and
paragraph 2. Any such exports shall        paragraph 2. Any such exports shall
however be prohibited from 1 January       however be prohibited from 1 January
1998 onwards.                              1998 onwards.
- with which individual Member States      - with which individual Member States
have concluded bilateral agreements and    have concluded bilateral agreements and
arrangements prior to the date of          arrangements prior to the date of
application of this Regulation, in so far  application of this Regulation, in so far
as these are compatible with Community     as these are compatible with Community
legislation and in accordance with Article legislation and in accordance with Article
11 of the Basel Convention and             11 of the Basel Convention and
paragraph 2.                               paragraph 2.
These agreements and arrangements shall    These agreements and arrangements shall
be notified to the Commission within       be notified to the Commission within
three months of the date of application    three months of the date of application
of this Regulation or of their date of     of this Regulation or of their date of
application, whichever is earlier, and     application, whichever is earlier, and
shall expire when agreements               shall expire when agreements
or arrangements are concluded              or arrangements are concluded
in accordance with the first indent.       in accordance with the first indent.
Any such exports shall however be          Any such exports shall however be
prohibited from 1 January 1998 onwards.    prohibited from 1 January 1998 onwards.
                                           The Commission, in accordance with the
                                           procedure laid down in Article 18 of
                                           Directive 75/442/EEC. will as soon as
                                           possible establish an Annex IKa') listing
                                           those wastes featuring on the list of
                                           hazardous wastes as adopted by Council
                                           Decision 94/904/EC but which are not
                                           listed in Annex HI or IV. Exports of
                                           wastes listed in this Annex IKa) will also
                                           be prohibited from 1 January 1998
                                            onwards.
 ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(96) 515 final
                                              DOCUMENTS
EN                                                                       14    u
                                    Catalogue number : CB-CO-96-520-EN-C
                                                             ISBN 92-78-10334-9
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