CELEX: 51997PC0685
Language: en
Date: 1998-01-26
Title: Amended proposal for a Council Regulation (EC) establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste

COMMISSION OF THE EUROPEAN COMMUNITIES
•it <r
                                               Brussels, 26.01.1998
                                               COM(97) 685 final
                                               95/0029 (ACC)
                            Amended proposal for a
                        COUNCIL REGULATION (EC)
       establishing common rules and procedures to apply to shipments
               to certain non-OECD countries of certain types of waste '
         (presented by the Commission pursuant to Article 189 a (2)
                               of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                                   EXPLANATORY MEMORANDUM
                                          Background
 1.      Council Regulation (EEC) No 259/93 of 1 February 1993 sets out asystem of
 supervision and control to apply to shipments of waste within, into and out of the EC.
 The Regulation took effect on 6 May 1994.
2.      The Regulation implements into EC law two international legal instruments
with which the Community has associated itself: the Basel Convention of 22 March
 1989 on the control of transboundary movements of hazardous wastes and their
disposal; and the OECD Council decision of 30 March 1992 concerning the control of
transfrontier movements of wastes destined for recovery operations.
3.      Regulation (EEC) No 259/93 makes a distinction between waste which is
        destined:
        *         for final "disposal" (e.g. landfill, incineration etc.) and
        *         for "recovery" (e.g. recycling, use as a means to generate energy
        etc.)
4.      With regard to waste which is destined for recovery, the Regulation
        makes further distinction between:
        *         so-called "green" list waste, listed in Annex II to the Regulation;
        *        so-called "amber" list waste,.listed in Annex III;
        *        so-called "red" list waste, liste in Annex IV; and
        *        "unlisted" waste, i.e. waste which has not (yet) been assigned to
        any list.
5.      This communication concerns solely shipments of "green" list waste destined
for recovery from the EC to third countries.
6.      Shipments of "green" list waste for recovery are generally excluded from the
scope of the Regulation. This exclusion is based on the OECD Council Decision
referred to above. The OECD considers that such shipments should not normally
present a risk to the environment if recovered properly in the country of destination.
7.      However, the EC did not wish to impose this point of view on third countries.
Therefore, Article 17 of the Regulation provides that the Commission communicate
with all non-OECD countries notifying them of the "green" list and asking them
whether they would accept shipments of such waste for recovery without recourse to
 ---pagebreak--- one of the control procedures set out in the Regulation, or that they indicate which of
these control procedures they require or wish to be applied.
8.       Where a country clearly indicates that it requires or wishes one of the control
procedures which are provided for in the Regulation to apply to some or all types of
"green" list waste, Article 17(3) provides that the Commission determines which
control procedure should apply in consultation with the country in question and after
having notified the Committee established by Article 18 of Council Directive (EEC)
No 75/442. One such Decision was adopted by the Commission on 20 July 1994
(Commission Decision 94/575/EC, OJ No L 220, 25.8.94, p. 15).
9.       However, a number of countries have either not responded at all to the
missives sent out by the Commission (including at least two reminder notes), or have
indicated that they do not wish to receive some or all types of "green" list waste for
recovery. This is not provided for in Article 17(1) first paragraph. In these cases, the
second paragraph of Article 17(1) requires that "the Commission shall make
appropriate proposals to the Council". These are contained in the attached proposal
for a Council Regulation.
Content of the proposal
10.      Legal base. The present proposal concerns solely trade with third countries-
therefore Article 113 is the appropriate legal base.
11.      Countries which do not wish to receive shipments. A number of countries
have indicated they they do not wish to receive some or all types of "green" list waste.
The Commission has decided after consultation with the European Parliament to
respect the wishes of these countries and not to allow exports of "green" list waste for
recovery.
12.      Countries which have not responded. The general principle established in
Regulation (EEC) No 259/93 with regard to exports of "green" list waste for recovery
is that of normal commercial transactions unless the country of destination wishes or
requires otherwise. It would therefore follow that countries which have not responded
to the Commission's notes on the subject should continue to be treated in the light of
this general principle, with the addition of a system of prior automatic export licensing
which would allow the EC to monitor the level of such exports to these countries.
Consequently, it is suggested that the so-called "red" list procedure will be applied to
those countries which have not responded.
 13. ACP countries. Shipments to ACP countries of those types of waste listed in
Annexes I and II of the Basel Convention are prohibited under Article 39 of the
Fourth ACP-EC Convention. A very limited number of materials included in the
"green" list may be covered by this prohibition. The proposed draft Regulation
excludes any such materials from the scope of the Regulation.
 14.     Review. The Commission proposes that the systems of control established by
the proposed draft regulation be subject to a review, reflecting the dynamic nature of
 waste policy issues in general. A similar review is already provided for in Regulation
 ---pagebreak--- (EEC) No 259/93 with regard to exports of hazardous waste to non-Parties of the
basel Convention. A review of the operation of the current proposal could be carried
out in parallel.
 15.     Simplified amendment procedure. The proposal provides for a simplified
amendment procedure which would allow the Commission to decide in consultation
with the relevant Committee to change the control procedure applying to one or more
of the countries covered by the scope of the proposal. This will cover cases where a
response is received after the entry into force of the Council Regulation from a
country which ahs not previously responded, or where a country which has indicated a
particular position alters that position. It would also allow the EC-where this is
deemed appropriate- to take account of other factors, such as a third country treating
shipments from the EC in a less favourable manner than shipments from other
destinations.
16.      For these reasons, the Commission recommends that the Council adopts the
proposed Regulation establishing common rules and procedures to apply to (a) those
countries which do not wish to receive shipments of "green" list waste for recovery
from the EC and (b) those countries which have not responded to the Commission's
letters.
 ---pagebreak---                                      Amended proposal for a
                                COUNCIL REGULATION (EC)
            establishing common rules and procedures to apply to shipments
                       to certain non-OECD countries of certain types of waste '
  THE COUNCIL OF THE EUROPEAN UNION,
  Having regard to the Treaty establishing the European Community, and in particular
  Article 113 thereof,
  Having regard to the proposal from the Commission,1
 Whereas Article l(3)(a) of 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 2, as amended by Commission Decision 94/721/EC 3, excludes
 from the scope of application of that Regulation shipments of waste destined for
 recovery only and listed in Annex II thereto, except as provided in, inter alia , Article
  17(1), (2), and (3);
 Whereas in accordance with Article 17(1) of Regulation (EEC) No 259/93 the
 Commission has notified to every country to which the OECD Council Decision of 30
 March 1992 on the control of transfrontier movements of waste destined for recovery
 operations does not apply the list of waste set out in Annex II to regulation (EEC) No
 259/93, and has requested confirmation that such waste is not subject to control in the
country of destination or has asked that such countries indicate whether such waste
 should be subject to the control procedures which apply to waste listed in Annex III or
IV to the Regulation, or to the procedure laid down in Article 15 thereof;
Whereas certain countries have indicated that such waste should be subject to one or
other of those control procedures and the Commission on 20 July 1994, pursuant to
the provisions of Article 17(3) of regulation (EEC) No 259/93, took Decision
                 A
94/575/EC to determine the appropriate control procedures;
Whereas the second subparagraph of Article 17(1) of regulation (EEC) No 259/93
provides that if such confirmation is not received, the Commission is to make
approprite proposals to the Council; whereas it is therefore necessary to establish, on a
Community-wide basis, a system to regulate trade in such waste from the Community
by establishing the appropriate common rules and procedures relating to exports
thereof;
Whereas, in the case of countries which have replied that they do not wish to receive
some or all types of waste listed in Annex II of regulation (EEC) No 259/93, their will
2
   OJ No L 30, 6.2.1993, p.l.
3
  OJ No L 288, 9.11.1994, p.36;
4
  O J N o L 2 2 0 , 25.8.1994, p. 15
 ---pagebreak--- has to be respected and therefore these types of waste cannot be exported to those
countries:
Whereas in the case of countries which have not replied, it is appropriate to adopt a
framework in order to enable such countires to evaluate such shipments on a case-by-
case basis and whereas it is difficult to imply that silence is equal to consent;
Whereas, in the the case of countries which have replied that they do not wish to
receive some or all types of waste listed in Annex II or have not replied, the possibility
exists that they will change their position, or will reply in the future, and a mechanism
must., therefore, exist within a comitologv procedure, to change this regulation:
Whereas Regulation (EC) 120/97 5 prohibits the export of waste for recycling
purposes which is considered hazardous and whereas certain categories of waste from
Annex II of Regulation (EEC) 259/93 are to be considered hazardous and have to be
excluded from the scope of the present Regulation.
Whereas the Commission will complete the Annex V of Regulation (EEC) 259/93
with waste categories considered hazardous by the Basel Convention and the Union's
hazardous waste list 6 and will adapt Regulation (EC) 120/97 accordingly.
Whereas with regard to shipments to ACP countries, Article 39 of the Fourth ACP-EC
Convention prohibits exports of all waste listed in Annexes I and II of the Basel
Convention;
whereas, furthermore, certain items of waste may be found in Annex II of Regulation
(EEC) 259/93; whereas, in these circumstances and in order to respect the
Community's international obligations, it must be clear that such items are excluded
from the scope of the Regulation;
Whereas the arrangements covered by this Regulation should be subject to periodic
review by the Commission;
HAS ADOPTED THIS REGULATION:
                                Article 1
The export of waste listed in Annex II to Regulation (EEC) 259/93 and mentioned in
Annex A. to countries listed in Annex A shall be prohibited.
                                Article 2
The control procedure applicable to waste listed in Annex IV to Regulation (EEC)
259/93 shall apply to exports to the countries listed in Annex B with respect to waste
destined for recovery only and listed in Annex II to Regulation (EEC) 259/93.
5
  OJ No L 22, 24.1.1997, p. 14
6
  OJ No L 377, 31.12.1991, p.20
 ---pagebreak---                                Article 3
Shipments to ACP countries are permitted only as so far as they are not prohibited bv
the Fourth ACP-EEC Convention.
                               Article 4
Upon request by the country of destination or where there is a change of
circumstances, the control procedure applicable under this Regulation may be
amended. The Commission may determine, after consultation with the country of
destination, an in accordance with the procedure laid down in Article 18 of Council
                          •7
Directive 75/442/EEC , which of the procedures shall apply, that is normal
commercial transactions with or without a system of prior automatic export licensing
as provided for in Article 17(2) of Regulation (EEC) 259/93, or the procedure
applicable to Annex III or IV of the same Regulation or the procedure laid down in
Article 15 of Regulation (EEC) 259/93.
                               Article 5
The control procedures established by this Regulation shall be subject to periodic
review by the Commission and for the first time no later than 31 December 1998,
taking into account the experience gained. If the results of the review leads to the
conclusion that this would be appropriate, the Commission may, without prejudice to
the provisions of Article 4, make new proposals to the Council.
The Commission, in accordance with the procedure laid down in Article 18 of
Directive 75/442/EEC, shall as soon as possible and at the latest before 1 January
1998, review and amend this Regulation, in order to bring it in line with Regulation
259/93 as modified by Regulation 120/97, and in particular with Annex V of the
former Regulation.
                               Article 6
This Regulation shall enter into force on the twentieth day following that of its
publication in the Official Journal of the European Communities.
This Regulation shall be binding in its entirety and directly applicable in all Member
States.
Done at Brussels,                                              For the Council
                                                               The President
7
  OJ No L 194. 25.7.1975. p.39
 ---pagebreak---                               ANNEX A
Countries and territories which have indicated to the Commission that they do
not wish to receive shipments for recovery of certain types of waste listed in
Annex II (the "green" list) to Council regulation (EEC) No 259/93. The
categories of waste listed in Annex II which are covered are also given.
Shipments to these countries and territories of these categories of wastes should
be prohibited.
ANDORRA:                      All types in Annex II
BAHAMAS:                      All types in Annex II
BARBADOS:                     All types in Annex II
BELIZE:                       All types in Annex II
BENIN:                        All types in Annex II
BHUTAN:                       All types in Annex II
BOLIVIA:                      All types in Annex II
BOTSWANA:                     All types in Annex II
BURKINA FASO:                 All types in Annex II
CAPE VERDE:                   All types in Annex II
CHAD:                         All types in Annex II
CHILE:                        All types in Annex II
COLOMBIA:
1. In section GA ("Metal and metal-alloy wastes in metallic, non-dispersible form")
a) the following waste and scrap of non-ferrous metals and their alloys:
        GA 120         7404 00        Copper waste and scrap
        GA 130        7503 00         Nickel waste and scrap
        G A 140        7602 00        Aluminium waste and scrap
        GA 150         7802 00        Lead waste and scrap
        G A 160        7902 00        Zinc waste and scrap
        GA170          8002 00        Tin waste and scrap
        GA180ex        810191         Tungsten waste and scrap
        G A 190 ex     8102 91        Molybdenum waste and scrap
 ---pagebreak---         GA 200 ex      8103 10        Tantalum waste and scrap
        GA210ex        8104 20        Magnesium waste and scrap
        G A 220 ex     810510         Cobalt waste and scrap
        GA230ex        8106 00        Bismuth waste and scrap
        GA 240 ex      8107 10        Cadmium waste and scrap
        G A 250 ex     810810         Titanium waste and scrap
        GA260ex        810910         Zirconium waste and scrap
        GA 270 ex      8110 00        Antimony waste and scrap
        GA 280 ex      8111 00        Manganese waste and scrap
        G A 290 ex     8112 11        Beryllium waste and scrap
        GA 300 ex     8112 20         Chromium waste and scrap
        GA 310 ex      8112 30        Germanium waste and scrap
        GA 320 ex     8112 40         Vanadium waste and scrap
                ex    8112 91         Wastes and scrap of:
        GA 330                        - Hafnium
        GA 340                        - Indium
        GA 350                        - Niobium
        GA 360                        - Rhenium
        GA 370                        - Gallium
        G A 400 ex     2844 30        Selenium waste and scrap
        GA 410 ex     2804 50         Tellurium waste and scrap
        G A 420 ex    2805 30         Rare earths waste and scrap
2. In section GB ("Metal bearing wastes arising from melting, smelting and refining of
metals"):
        GB 040 ex     2620 90         Slags from precious metals and copper
                                      processing for further refining
3. In section GC ("Other wastes containing metals"):
        GC 070 ex     2619 00         Slags arising from the manufacture of iron
                                      and carbon steel (including low alloy steel)
                                      excluding those slags which have been
                                      specifically produced to meet both national
                                      and relevant international requirements and
                                      standards*
*This entry covers the use of such slags as a source of titanium dioxide and vanadium
4.1n section GD ("Waste from mining operations: these wastes to be in non-
dispersible form"):
        GD 040 ex      2529 30        Leucite, nepheline and nepheline syenite
                                      waste
         GD 050 ex     2529 21        Fluospar waste
                ex     2529 22
5. In section GG ("Other wastes containing principally inorganic constituents, which
may contain metals and organic materials"):
 ---pagebreak---         GG030ex        2621           Bottom ash and scag tap from coal fired
                                      power plants
        GG 040 ex      2621           Coal fired power plants fly ash
        GG 060 ex      2803           Spent activated carbon, resulting from the
                                      treatment of potable water and processes of
                                      the food industry and vitamin production
        GG 080 ex      262100         Slag from copper production, chemically
                                      stabilized, 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
        GG 100                        Limestone from the production of calcium
                                      cyanamide (having a pH less than 9)
6. in section GH ("Solid plastic wastes"):
        GH013ex        3915 30        Waste, parings and scrap of plastics of
                                      polymers vinyl chloride
        GH 015 ex      3915 90        Waste parings and scrap of plastics of resins
                                      or condensation products e„g.
                                      - urea formaldehyde resins
                                      - phenol formaldehyde resins
                                      - melamine formaldehyde resins
                                      - epoxy resins
                                      - alkyd resins
                                      - polyamides
7. In section GJ ("Textile wastes"):
        GJ 050 ex 5302 90             Tow and waste (including yarn waste and
                                      garnetted stock)of true hemp (Cannabis
                                      sativa L.)
8. In section GK ("Rubber wastes"):
         GK020         4012 20        Used pneumatic tyres
         GK 030 ex     4017 00        Waste and scrap of hard rubber (e.g. ebonite)
9. In section GO ("Other wastes containing principally organic constituents, which
may contain metals and inorganic materials"):
         GO 040                       Waste photographic film base and waste
                                       photographic film not containing silver
         GO 050                        Single use cameras without batteries
COMOROS:               All types in Annex II
 ---pagebreak--- COSTA RICA:           Ail types in Annex II
DOMINICA:             All types in Annex II
DJIBOUTI:             All types in Annex II
EGYPT:                All types in Annex II
FUI:                  All types in Annex II
GAMBIA:               All types in Annex II
GHANA:                All types in Annex II
GUYANA:               All types in Annex II
KIRIBATI:             All types in Annex II
KUWAIT:               All types in Annex II
LEBANON:              All types in Annex II
MALAWI:               All types in Annex II
MALDIVES:             All types in Annex II
MOLDOVA:              All types in Annex II
MONGOLIA:             All types in Annex II
MOZAMBIQUE:           All types in Annex II
MYANMAR:              AU types in Annex II
NICARAGUA:            All types in Annex II
NIGER:                All types in Annex II
NIGERIA:              All types in Annex II
PAKISTAN:
1. In section GK ("Rubber wastes"):
        GK020         401220         Used pneumatic tyres
2. In section GM ("Waste arising from agro-food industries"):
                                          10
 ---pagebreak---          GM 070 ex     2307            Wine lees
 3. In section GN ("Waste arising from tanniong and fellmongery operations and
 leather use"):
         GN 010 ex    0502 00          Waste of pigs', hogs' or boars' bristles and
                                       hair or of badger hair and other brush
                                       making hair
PAPUA NEW GUINEA:              All types in Annex II
PERU:                          All types in Annex II
SAO TOME E PRICIPE:
All types in section GM ("Wastes arising from agro-food industries")
SAUDI ARABIA:                 All types in Annex II
SENEGAL:                      All types in Annex II
SEYCHELLES:                   All types in Annex II
ST. LUCIA:                    All types in Annex II
ST VINCENT AND
THE GRENADINES:               All types in Annex II
WESTERN SAMOA:                All types in Annex II
TAIWAN:
In section GA ("Metal and metal-alloy wastes in metallic, non-dispersible form")
         GA090        720449          Other ferrous scrap and waste
TANZANIA:                     All types in Annex II
TUVALU:                       All types in Annex II
UGANDA:                       All types in Annex II
VANUATU: ,                    All types in Annex II
                                            11
 ---pagebreak---                                      ANNEXB
Countries and territories which have not yet responded to the Commission's
communications on shipments for recovery of certain types of waste listed in
Annex II (the "green" list) to Council Regulation (EEC) No 259/93. Shipments to
these countries and territories of these categories of waste should be carried out
under the control procedure applying to waste listed in Annex IV (the "red" list)
of Regulation (EEC) No 259/93.
AFGHANISTAN
ALGERIA
ANGOLA
ANTIGUA and BARBUDA
ARMENIA
AZERBAIJAN
BAHRAIN
BANGLADESH
BRUNEI
BURUNDI
CAMBODIA
CAMEROON
CENTRAL AFRICAN REPUBLIC
CONGO
CONGO, DEMOCRATIC REPUBLIC OF
COTEd'IVOIRE
DOMINICAN REPUBLIC
ECUADOR
ELSALVADOR
EQUATORIAL GUINEA
ERITREA
                                          12
 ---pagebreak--- ETHIOPIA
GABON
GUATEMALA
GUINEA
GUINEA-BISSAU
HAITI
HONDURAS
KENYA
KYRGYSTAN
LAOS
LESOTHO
MALI
MAURITANIA
MOROCCO
NAMIBIA
NEPAL
OMAN
PANAMA
QATAR
RWANDA
ST.CHRISTOPHER & NEVIS
SOLOMON ISLANDS
SUDAN
SWAZILAND
                       13
 ---pagebreak--- SYRIA
TAJIKISTAN
TONGA
TURKMENISTAN
UZBEKISTAN
VATICAN CITY
VENEZUELA
VIET NAM
ZIMBABWE
             14
 ---pagebreak---  ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                    ISSN 0254-1475
                                                            COM(97) 685 final
                                              DOCUMENTS
EN                                                                02   10 14
                                    Catalogue number : CB-CO-97-706-EN-C
                                                             ISBN 92-78-29050-5
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