CELEX: 51990PC0415
Language: en
Date: 1990-10-26
Title: PROPOSAL FOR A COUNCIL REGULATION ( EEC ) ON THE SUPERVISION AND CONTROL OF SHIPMENTS OF WASTE WITHIN, INTO AND OUT OF THE EUROPEAN COMMUNITY

17. 11.90                              Official Journal of the European Communities                                 No C 289/9
                                                              II
                                                       (Preparatory Acts)
                                                  COMMISSION
              Proposal for a Council Regulation (EEC) on the supervision and control of shipments of waste
                                      within, into and out of the European Community
                                               COM(90) 415 final — SYN 305
                                     (Submitted by the Commission on 10 October 1990)
                                                        (90/C 289/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas the implementation of Directive 84/631/EEC
                                                                   has revealed certain difficulties relating in particular to
                                                                   the scope of the Directive and the procedure reserved for
Having regard to the Treaty establishing the European              non-ferrous metal waste, and these difficulties need to be
Economic Community, and in particular Articles 100a                remedied;
and 113 thereof,
                                                                   Whereas it is important to organize the supervision and
Having regard to the proposal from the Commission,
                                                                   control of shipments of all wastes, subject to the making
                                                                   of exemptions for certain types of waste;
In cooperation with the European Parliament,
                                                                   Whereas the legislation therefore needs to be completely
Having regard to the opinion of the Economic and                   revised;
Social Committee,
                                                                   Whereas the Community's waste strategy aims to reduce
Whereas Council Directive 84/631/EEC ('), as last                  the production of waste to the lowest technologically
amended by Directive 86/279/EEC (2), organizes the                 and economically feasible level and reduce shipments to
supervision and control within the Community of trans-             strict essentials in order to provide the best protection for
frontier shipment of hazardous waste;                              the environment and human health;
"Whereas the completion of the internal market by
1 January 1993 will remove internal frontiers, in                  Whereas a distinction must be made between, on the one
                                                                   hand, waste shipments within the Community and, on
particular as regards the movement of waste, and implies
                                                                   the other, exports out of the Community, imports into
that there must be new procedures for the supervision
                                                                   the Community and transit through the Community for
and control of waste shipments as this will no longer be
                                                                   disposal or for further use outside the Community;
possible at frontiers;
Whereas the Community has signed the Basle                         Whereas the Council resolution of 7 May 1990
Convention of 22 March 1989 on the control of trans-               underlines the importance of the Community being self-
boundary movements of hazardous wastes and their                   sufficient in waste disposal;
disposal, thereby necessitating an adaptation of
Community Regulations;
                                                                   Whereas, inside the Community, shipments of waste
                                                                   must be submitted for control as soon as they leave the
Whereas the relevant provisions of Article 39 of the               jurisdiction of one authority and enter that of another;
Lom6 Convention of 15 December 1989 (Fourth                        whereas it is important that such strict control and super-
ACP-EEC Convention) must also be integrated into                   vision be ensured right from its production up to its final
Community legislation;                                             disposal of further use, enabling the relevant authorities
                                                                   to be duly informed of its nature, movement and disposal
                                                                   so that they can take all necessary measures for the
                                                                   protection of human health and the environment, though
(') OJ No L 326, 13. 12. 1984, p. 31.                              without creating unjustified or disproportionate barriers
O OJ No L 181, 4. 7. 1986, p. 13.                                  to intra-Community trade or distorting competition;
 ---pagebreak---  No C 289/10                           Official Journal of the European Communities                                17. 11.90
 Whereas, in particular, it must be possible to raise             Whereas Member States must provide scope for appeal
 objections to waste shipments intended for disposal if           by the notifier against the decisions taken by the
 there is an authorized disposal centre significantly             competent authorities;
 nearer, and capable of ensuring an appropriate waste
 treatment;
                                                                  Whereas, in order to ensure that waste does not
                                                                  constitute an unnecessary risk, it must be properly
                                                                  packaged and labelled; whereas the instructions to be
 Whereas less stringent rules may be applied to waste
                                                                  followed in the event of danger or accident must
 which is to be further used whilst reserving the possibility
                                                                  accompany the waste in order to protect man and the
 of action at the point of destination if the conditions of
                                                                  environment from any danger that might arise during the
 further use endanger human health or the environment;
                                                                  operation;
 Whereas, as regards exports out of the Community,               Whereas, in consultation with the Commission, Member
 imports into the Community and transit through the               States must designate specialized customs offices at the
 Community, Community Regulations must comply with               Community entry and exit points;
 the provisions of the Basle Convention and the Fourth
ACP-EEC Convention while adhering to the GATT
                                                                 Whereas, in accordance with the 'polluter pays'
 rules, and the convention of 20 May 1987 on a common
                                                                 principle, the costs of implementing the notification
 transit regime, concluded between the Community and
                                                                 procedure, including the costs of inspection and analysis,
 the EFTA countries (');
                                                                 must be borne by the notifier;
Whereas the provisions of the Basle Convention are to            Whereas Member States must provide the Commission
promote an environmentally sound management of waste             with any information relevant to the implementation of
 and, in consequence, to limit shipments as far as possible,     this Regulation, and must in particular prepare yearly
duly taking into account the options taken by the third          reports on the basis of which the Commission must draw
 States concerned; whereas they are in line with the             up a consolidated report;
 Community strategy for waste management;
                                                                 Whereas a committee must be set up for the preparation
                                                                 of the documents provided for by this Regulation and
Whereas, in this context, the principle of prior written
                                                                 for the adaptation of the Annexes to scientific and
consent of the State of destination must be observed;
                                                                 technical progress,
Whereas shipments to developing countries of waste
                                                                 HAS ADOPTED THIS REGULATION:
intended for disposal must be reduced as a matter of
priority in due compliance with decisions on waste taken
by those countries;                                                                         TITLE I
Whereas provision must be made for the waste to be                    '                     General
taken back if the shipment cannot be completed in
accordance with the terms of the contract;
                                                                                           Article 1
                                                                 This Regulation shall apply to shipments of waste both
Whereas, in the event of illegal traffic, the person whose       within and into or out of the Community.
action is the cause of such traffic must take back and/or
dispose of the waste and, should he fail to do so, the
competent authorities of dispatch or destination, as the                                   Article 2
case may be, must themselves intervene;
                                                                 1.     For the purposes of this Regulation:
Whereas, in as much as it takes place within the                 (a) waste means any substance or object which is
Community, each waste shipment must be subject to a                   covered by the categories listed in Annex I and
provision of security, except shipments of waste intended             which the holder disposes of, intends to dispose of or
for further use, that take place between competent auth-              is required to dispose of;
orities within the Community;
                                                                 (b) competent authorities means the competent authorities
                                                                      designated either by the Member States in
                                                                      accordance with Article 24 or by non-member
O OJ No L 226, 13. 8. 1987, p. 2.                                     States;
 ---pagebreak---  17. 11.90                              Official Journal of the European Communities                             No C 289/11
(c) competent authority of dispatch means the competent            (1) State of destination means any State to which a
     authority for the area from which the shipment is                  shipment of waste is planned or made for disposal,
     dispatched;                                                        for further use, or for loading on board before
                                                                        disposal at sea;
(d) competent authority         of destination means the
     competent authority for the area in which the
     shipment is received, or in whose area waste is               (m) State of transit means any State, other than the States
     loaded on board before disposal at sea;                           of dispatch or of destination, through which a
                                                                       shipment of waste is planned or made;
(e) correspondent means the central body designated by
     each Member State and the Commission, in
     accordance with Article 25;                                  (n) the Basle Convention means the Basle Convention of
                                                                       22 March 1989 on the control of transboundary
                                                                       movements of hazardous wastes and their disposal;
(f) notifier means any person to whom the duty to
     notify is assigned, or in other words the person
     referred to hereinafter, who proposes to ship waste
                                                                  (o) the Fourth Lome Convention means             the  Lome
     or have waste shipped:
                                                                       Convention of 15 December 1989.
     — the person whose activities produced the waste
         (original producer), or
                                                                  2.     The following shall be excluded from the scope of
                                                                  this Regulation:
     — where this is not possible, a collector licensed to
         this effect by a Member State, or
                                                                  (a) the gathering of waste from households and from
     — where these persons are unknown or unable to                    retail trade establishments;
         notify, the person having possession or control of
         the waste (holder), or
                                                                  (b) the offloading to shore of waste generated by the
     — in the case of import into or transit through the               normal operation of ships, including waste water and
         Community of waste, the person designated by                  residues, provided that such waste is the subject of a
         the laws of the State of dispatch;                            specific international instrument;
(g) consignee means the person or undertaking to whom
     or to which the waste is shipped for disposal or for         (c) substances mentioned in Article 2 (1) of Directive
     further use;                                                      75/442/EEC;
(h) disposal means any use of waste listed in Annex II.A;
                                                                  (d) waste intended for further use and featuring on a list
                                                                       to be drawn up in accordance with Article 31,
(i) authorized centre means any establishment or under-                provided that is not covered by Annex III or, if it is
     taking authorized or licensed pursuant to Article 6 of            covered by Annex III, does not possess any of the
     Council Directive 75/439/EEC (x), Article 8 of                    characteristics referred to in Annex V, and that it is
     Council Directive 75/442/EEC (2), Article 6 of                    not covered by Annex IV.
     Council Directive 78/403/EEC ( J ), or Article 9 of
     Council Directive 78/319/EEC ( 4 );
(j) further use means any use of waste listed in Annex                                       TITLE II
     II.B;
(k) State of dispatch means any State from which a                         Movement of waste within the Community
     shipment of waste is planned or made;
                                                                                             Article 3
(') OJ  No  L  194, 25. 7. 1975, p. 23.                           1.     Where the notifier intends to ship waste intended
(2) OJ  No  L  194, 25. 7. 1975, p. 39.                           for disposal or to have it shipped from the jurisdiction of
O   OJ  No  L  108, 26. 4. 1976, p. 41.                           one competent authority into that of another or to have
C)  OJ  No  L  84, 31. 3. 1978, p. 43.                            it routed through the jurisdiction of one or several auth-
 ---pagebreak---   No C 289/12                           Official Journal of the European Communities                                   17. 11.90
 orities, and without prejudice to Articles 13 and 14 (2),          to the notifier. It shall have 30 days following dispatch of
 he shall notify the competent authority of destination             the acknowledgement to consent to the shipment with or
 and send a copy of the notification to the competent               without reservations, to refuse permission for the
 authorities of dispatch and of transit.                            shipment or to request additional information. Such
                                                                    refusal or reservations shall be based on objections made
                                                                    in accordance with paragraphs 2, 3 and 4. The
 2.    Notification shall mandatorily cover any inter-              competent authority of destination shall send a copy of
 mediary stage of the shipment from the place of dispatch          the acknowledgement, and of its reply, to the other
 until its final destination.                                      competent authorities concerned and to the consignee.
 3.    Notification shall be effected by means of a
 standard consignment note, (hereinafter referred to as
 the 'consignment note'), to be drawn up in accordance             2.     The objections referred to in paragraph 1 must be
with Article 31.                                                   substantiated on the basis of laws and regulations
                                                                   relating to environmental protection, public order, public
The consignment note shall be issued by the competent              safety or health protection which are in accordance with
 authority of dispatch. It shall be printed in an official         Community law or with international conventions on this
 language of the Community selected by the competent               subject concluded by the Member State concerned in
 authority of dispatch, and completed in an official               accordance with Community law.
 language of the Community which is acceptable to the
competent authority of destination. Any further infor-
mation, including a translation, shall be supplied by the
notifier at the request of the competent authorities               3.    The competent authority of dispatch may, within
concerned.                                                         20 days of receipt of the copy of the acknowledgement,
                                                                   raise objections to the planned shipment if there is an
                                                                   authorized centre significantly nearer than the one
4.     In making notification, the notifier shall supply the       chosen by the notifier and which uses suitable techno-
information requested on the consignment note, with                logies to ensure a high level of protection of the envi-
particular regard to:                                             ronment and human health.
— the source and composition of the waste, including
     the producer's identity, and in the case of waste from
    various sources, a detailed inventory of the waste,           The competent authority shall take account in its
     and the identity of the original producers where             evaluation of all relevant circumstances, such as the
     known,                                                       geographical situation, the nature of the waste, the
                                                                  economic aspects of the operation (in order to prevent
— the arrangements for routing and for             insurance      distortion of competition), the capacity and the availa-
     against damage to third parties,                             bility of the planned centre or the implementation of
                                                                  programmes or plans drawn up pursuant to Article 5 of
                                                                  Directive      75/439/EEC, Article 6 of             Directive
— the measures to be taken to ensure safe transport               75/442/EEC, Article 6 of Directive 76/403/EEC or
     and, in particular, compliance by the carrier with the       Article 12 of Directive 78/319/EEC. It shall give reasons
    conditions laid down for transport by the Member              for its decision. Where necessary it shall be for the
     States concerned,                                            notifier to prove that disposal cannot be effected nearby
                                                                  in the manner and under the conditions described above.
— the identity of the consignee of the waste, who
    should possess an authorized centre with adequate
    technical capacity for the disposal of the waste in
    question under conditions presenting no danger to             The objections may also be substantiated by the fact that
    human health or the environment,                              the notifier or the consignee has previously been guilty
                                                                  of illegal trafficking.
— the existence of a contractual agreement with the
    consignee on the disposal of the waste. Should the
    waste be shipped between two establishments under
    the control of the same legal entity this agreement           These objections shall be conveyed to the notifier with
    shall be replaced by a declaration by the entity in           copies sent to the competent authorities concerned and
    question undertaking to dispose of the waste.                 to the consignee.
                           Article 4
                                                                 The competent authority of destination may, in
1.     On receipt of the notification the competent               accordance with the same procedure, exercise the right
authority of destination shall send an acknowledgement            to raise such objections.
 ---pagebreak---  17. 11.90                             Official Journal of the European Communities                            No C 289/13
 4.    Within 20 days of receipt of the copy of the              2.     The competent authorities concerned may make
 acknowledgement the competent authority of dispatch             their agreement to the use of this general notification
 may raise objections on the grounds that the shipment of        procedure subject to the subsequent supply of additional
waste conflicts with obligations resulting from interna-         information. If the notifier does not compose the waste
 tional agreements on this subject concluded by the              as notified or meet the conditions imposed on its
 Member State of dispatch in accordance with                     shipment, the competent authorities concerned may
 Community law. Such objections shall be conveyed to             withdraw their consent to this procedure.
the notifier of the waste with copies sent to the
competent authorities concerned and to the consignee.
                                                                 3.     Under a general notification procedure, a single
                                                                 notification within the meaning of Article 3 (1) may
                                                                 cover several shipments of waste over a maximum period
 5.    Without prejudice to the provisions of paragraphs         of one year. The indicated period may be shortened ex
 1, 2, 3 and 4, the competent authorities of dispatch,           officio by the competent authorities concerned.
destination and, where appropriate, of transit shall have
20 days following the notification in which to lay down,
if appropriate, conditions in respect of the transport of
waste within their jurisdiction. These conditions, which         4.     General notification shall be made by means of the
must be notified to the notifier, with copies sent to the        consignment note.
competent authorities concerned, may not be more
stringent than those laid down in respect of similar
shipments occurring wholly within their jurisdiction and
shall take due account of existing agreements.                                             Article 6
                                                                 1.     If the notifier has received the authorization, he
                                                                 shall complete the consignment note and send copies to
                                                                 the competent authorities concerned three working days
6.     Once the competent authorities of destination and,        before the shipment is made.
where applicable, the competent authorities of dispatch
are satisfied that the problems giving rise to their
objections have been solved, they shall immediately
inform the notifier in writing, with copies sent to the          2.    A specimen of the consignment note, together with
consignee and the other competent                 authorities    the authorization, shall accompany each shipment.
concerned. If there is then an essential change in the
conditions of the shipment, a new notification shall be
made.
                                                                 3.    All undertakings involved in the operation shall
                                                                 complete the consignment note at the points indicated,
                                                                 sign it and retain a copy thereof.
7.     The shipment may be effected only after the
notifier has received authorization from the competent
authority of destination. The latter shall give the authori-     4.    Within 15 days following receipt of the waste the
zation only in the absence of objections raised by himself       consignee shall send a copy of the duly completed
or by the competent authority of dispatch, or subject to         consignment note to the notifier and to the competent
reservations further to these objections.                        authorities concerned.
                                                                                           Article 7
The competent authoritiy of destination shall signal his
assent by affixing his seal to the consignment note. Any         1.    Waste intended for further use shall be subject to
reasons for refusal shall be sent to the notifier, to the        the provisions of Articles 3, 4 and 6 unless the following
consignee, and to the other competent authorities.               conditions are fulfilled:
                                                                 (a) the notifier makes a declaration on a standard
                                                                      document which shall be drawn up in accordance
                          Article 5
                                                                      with Article 31 and must accompany the shipment, to
 1.   With due regard for the obligations imposed on                  the effect that these substances are intended for the
him by Article 3 the notifier may use a general notifi-               operations in question, and forwards a copy of this
cation procedure where waste having essentially the same              document to the competent authorities concerned.
physical and chemical characteristics is shipped regularly            The competent authority of destination shall send an
to the same destination via the areas of jurisdiction of              acknowledgement to the notifier within three
the same competent authorities.                                       working days of the notification;
 ---pagebreak---  No C 289/14                             Official Journal of the European Communities                                 17. 11. 90
 (b) the document also states:                                                                 TITLE III
                                                                               Export of waste out of the Community
      — the origin and composition of the waste,
          including the identity of the producer, and, in the
          case of waste from various sources, a detailed                                       Article 9
          inventory of the waste and, if known, the identity
                                                                     1.    All exports of waste covered by Annex III (unless
          of the original producers,
                                                                    they do not possess any of the characteristics contained
                                                                    in Annex V), as well as waste covered by Annex IV shall
                                                                    be prohibited:
      — the identity of the consignee, who must possess
         an appropriate authorized centre,
                                                                    (a) to a State not party to the Basle Convention;
     — the existence of a contractual agreement with the            (b) to the area south of latitude 60° south.
         final consignee.
                                                                    2.    All exports to ACP States of waste covered by
         Should the waste be shipped between two estab-             Annexes III and IV shall be prohibited; this prohibition
         lishments under the control of the same legal              does not preclude Member States, to which an ACP
         entity the aforesaid agreement shall be replaced           State has decided to export waste for treatment, from
         by a declaration by the entity in question under-          re-exporting the treated waste to that ACP State.
         taking to make fruther use of the waste;
                                                                    3.    Without prejudice to Articles 13 and 14 (2) all
                                                                    exports of waste shall be prohibited:
(c) the producer may carry out the shipment or have it
     carried out only in the absence of reasoned
     objections, as mentioned in Article 4 (2), from the            (a) to a State which prohibits all imports of such wastes
     competent authority of destination within 15 days                  or which has not given is written consent to the
     following the date of sending the acknowledgement;                 specific import of this waste;
(d) the consignee declares in the same document, which             (b) if the competent authority of dispatch has reason to
     he shall forward to the competent authority of desti-              believe that the waste will not be managed in
     nation within 15 days of completion of the oper-                   accordance with environmentally sound methods in
     ations, that these operations have actually been                   the State of destination;
     carried out. If the operations have not been carried
     out within 30 days of receipt of the waste, the
                                                                   (c) if they have not been authorized in accordance with
     consignee also declares without delay on a copy of
                                                                        Article 10 (2) or (3).
     the document, which he shall send to the competent
     authority of destination, the period within which
     these operations will actually be carried out.
                                                                   4.     In addition, the competent authority of dispatch
                                                                   may authorize the export of waste only if:
2.    The competent authority of destination may decide
that it will not raise objections regarding shipments to a         (a) the technical capacity and the necessary facilities or
specific consignee. It may limit its decision to a certain              desired sites for disposing of the waste in question by
period.                                                                 efficient and environmentally sound methods are not
                                                                        available within the Community; or
                                                                   (b) the State of destination has stated that the waste in
                           Article 8                                    question is needed as a raw material for recycling or
This Title shall also be applicable to the shipment of                  recovery industries.
waste taking place between the jurisdictions of
competent authorities of the Community with transit via
one or more third States, the competent authority of               5.    The competent authority of dispatch shall require
which shall receive a copy of the notification from the            that the waste for export be managed in an environ-
notifier and shall exercise all rights conferred on it by          mentally sound manner throughout the period of
Article 12.                                                        shipment and in the State of destination.
 ---pagebreak---  17. 11. 90                             Official Journal of the European Communities                            N o C 289/15
                           Article 10                              4.   Without prejudice to paragraph 1, the competent
                                                                   authority of dispatch and, if applicable, the competent
 1.    Where waste is exported from the Community for
                                                                   authorities of transit in the Community shall have 20
 disposal or for further use in a third State, the notifier
                                                                   days following notification in which to lay down, if
 shall send the notification to the competent authority of
                                                                   appropriate, conditions in respect of the shipment of
 dispatch by means of the standard consignment note
                                                                  waste in their area of jurisdiction. These conditions,
 referred to in Article 3 (3), with copies sent to the
                                                                  which shall be forwarded to the notifier, with a copy
consignee of the waste and the other competent auth-
                                                                  sent to the other competent authorities concerned, may
orities concerned.
                                                                  not be more stringent than those laid down in respect of
                                                                  similar shipments effected wholly within the area of
                                                                  jurisdiction of the competent authority in question.
The notifier shall ensure that the notification enables the
third States concerned to evaluate the consequences for
human health and the environment of the proposed
shipments.
                                                                  5.    Not later than 20 days after receipt of the notifi-
                                                                  cation, the competent authority of dispatch may raise
The competent authority of dispatch shall at once send            objections on the grounds that the shipment of waste
the notifier a written acknowledgment of the notifi-              conflicts with obligations resulting from international
cation.                                                           agreements on this subject concluded by the Member
                                                                  State concerned, with due regard for Community law.
                                                                  Such objections shall be forwarded to the notifier with a
                                                                  copy sent to the other competent authorities concerned.
2.     The competent authority of dispatch shall authorize
the shipment only if it has received written confirmation
from the notifier that the latter has received:
                                                                  6.    The consignment note shall be issued by the
(a) the written consent of the State of destination to the        competent authority of dispatch. It shall be printed and
     planned shipment;                                            completed in an official language of the Community
                                                                  selected by the competent authority of dispatch. Any
                                                                  additional information, including a translation, shall be
(b) confirmation from the State of destination of the             supplied by the notifier at the request of the State of
     existence of a contract between the notifier and the         destination in its own language or in a language
     consignee      specifying     environmentally     sound      acceptable to it.
     management of the waste in question;
(c) written consent to the planned shipment from the              7.    Article 6 (1), (2) and (3) shall apply by analogy. A
     State(s) of transit, that are Parties to the Basle           specimen of the consignment note shall be delivered by
     Convention, provided that such State(s) has (have)           the carrier to the last customs office of departure when
     not waived this in accordance with the terms of that         the waste leaves the Community.
     Convention.
     The competent authority of dispatch shall take its
     decision no later than three months after receipt of         8.    As soon as the waste has left the Community, the
     the notification and shall send it to the notifier. H e      customs office of departure shall send a copy of the
     shall send a certified copy of the decision to the           consignment note to the competent authority that issued
     other competent authorities concerned and to the             the authorization.
     customs office of departure from the Community.
3.     Notwithstanding paragraph 2, where the waste is            9.    If, six weeks after the waste has left the
disposed of in a third State bordering on the last                Community, the competent authority that conveyed the
Member State of transit, the latter shall be entitled to          authorization has received no information from the
assign to its competent authority of transit the right to         consignee about his receipt of the waste, it shall inform
issue the authorization or to raise objections provided           without delay the competent authority of destination. It
for in that paragraph. A Member State intending to                shall take action in a similar way if, 90 days after the
exercise the right conferred upon it by this paragraph            waste left the Community, it has received no information
shall so inform the Commission and the other Member               from the consignee about the completion of the oper-
States. It may exercise this right only three months at           ations of disposal or further use as required by the auth-
least after so doing.                                             orization.
 ---pagebreak---  No C 289/16                           Official Journal of the European Communities                                 17. 11.90
                          TITLE IV                                8.    Within 15 days after receipt of the waste, the
                                                                  consignee shall send a copy of the duly completed
            Import of waste into the Community                    consignment note to the notifier and to the competent
                                                                  authorities concerned.
                          Article 11                              9.    Within 60 days after entry of the waste into the
                                                                  Community, the consignee shall inform the notifier and
 1.    All imports of waste covered by Annex III (unless          the competent authorities concerned about the
 they do not possess any of the characteristics contained         completion of the disposal or further-use operations in
 in Annex V), and waste covered by Annex IV, from a               accordace with the terms of the authorization.
 State that is not party to the Basle Convention shall be
 prohibited.
                                                                                            TITLE V
 2.    Without prejudice to Articles 13 and 14 (2), all
 imports of waste shall be prohibited if they have not been       Transit of waste through the Community for disposal or
 authorized according to paragraph 5.                                        further use outside the Community
                                                                                           Article 12
 3.    The competent authority of destination shall
prohibit the bringing of waste into its area of jurisdiction      1.    The notification shall be sent by means of the
if it has reason to believe that the waste will not be           standard consignment note referred to in Article 3 (3) to
managed in an environmentally sound manner.                      the last competent authority of transit within the
                                                                 Community, with a copy sent to the consignee, to the
                                                                 other competent authorities concerned, and to the
4.     Notification shall be made to the competent               customs offices of entry into and departure from the
authority of destination by means of the standard                Community.
consignment note referred to in Article 3 (3) with a copy
sent to the consignee of the waste and to the competent
authorities of transit. The consignment note shall be            2.     The last competent authority of transit within the
issued by the competent authority of destination and             Community shall promptly inform the notifier of receipt
printed and completed in an official Community                   of the notification. The other competent authorities in
language indicated by the competent authority of desti-          the Community shall convey their reactions to the last
nation.                                                          competent authority of transit in the Community, which
                                                                 shall then respond in writing to the notifier within 60
                                                                 days, consenting to the shipment with or without reser-
                                                                 vations, withholding permission to proceed with the
5.     The competent authority of destination shall at           shipment or requesting additional information. Any
once send the notifier a written acknowledgement of the          refusal or reservations shall be justified. It shall send a
notification. It shall, within three months, authorize the       certified copy of its response both to the other competent
shipment with or without reservations, refuse permission         authorities concerned and to the customs offices of entry
for the shipment, or request additional information. Any         into and departure from the Community.
refusal or reservations shall be justified. It shall send a
certified copy of the final answer to the competent auth-
orities concerned, to the customs office of entry into the       3.    Without prejudice to Articles 13 and 14 (2), the
Community and to the consignee.                                  shipment shall be admitted into the Community only if
                                                                 the notifier:
6.     The competent authority of destination and, if            — has received the written consent of the last competent
applicable, the competent authority or authorities of                authority of transit, or
transit in the Community shall have 20 days following
notification to lay down, if appropriate, conditions in
                                                                 — has received no reply within 60 days following
respect of the transport of the waste. These conditions,
                                                                     receipt of the acknowledgement of receipt.
which must be conveyed to the notifier, with copies sent
to the competent authorities concerned, may not be
more stringent than those laid down in respect of similar
                                                                 4.    The competent authorities of transit within the
shipments occurring wholly within the jursidiction of the        Community shall have 20 days following notification to
competent authority in question.                                 lay down, if appropriate, any conditions attached to the
                                                                 transport of the waste. These conditions, which must be
                                                                 conveyed to the notifier, with copies- sent to the
7.    The provisions of Article 6 (1), (2) and (3) shall         competent authorities concerned, may not be more
apply mutatis mutandis.                                          stringent than those laid down in respect of similar
 ---pagebreak---  17. 11.90                            Official Journal of the European Communities                                No C 289/17
shipments occuring wholly within the jurisdiction of the         (d) that is not substantially           as  specified  in  the
competent authority in question.                                      consignment note; or
5.     The consignment note shall be issued by the last          (e) that results in deliberate disposal in contravention of
competent authority of transit within the Community. It               Community or international rules; or
shall be printed and drawn up in English or French.
                                                                (f) contrary to Article 9,
6.     The provisions of Article 6 (1), (2) and (3) shall
apply mutatis mutandis. A specimen of the consignment           shall be deemed to be illegal traffic.
note shall be supplied by the carrier to the customs office
of departure when the waste leaves the Community.
                                                                2.     If this illegal traffic is the result of conduct on the
                                                                part of the notifier of the waste, the competent authority
7.     As soon as the waste has left the Community, the         of dispatch shall ensure that the waste in question is:
customs office of departure shall send a copy of the
consignment note to the last competent authority of
                                                                (a) taken back by the notifier or, if necessary, by itself
transit within the Community. Furthermore, at the latest
                                                                     into its area of jurisdiction; or, if impracticable
six weeks after the waste has left the Community, the
notifier shall declare or certify to that competent
authority that it has arrived at its intended destination.      (b) otherwise disposed of in an environmentally sound
                                                                     manner
                         TITLE VI                               within 30 days from the time when it was informed of
                                                                the illegal traffic or within such other period of time as
                                                                may be agreed by the competent authorities concerned.
       Provisions common to Titles II, III, IV and V
                                                                To this end they shall not object to the return of the
                                                                waste to the area of jurisdiction of the competent
                                                                authority of dispatch.
                         Article 13
Where a shipment of waste to which the competent
authorities concerned have consented cannot be                  3.     If this illegal traffic is the result of conduct on the
completed in accordance with the terms of the contract,         part of the consignee, the competent authority of desti-
the competent authority of dispatch shall ensure that the       nation shall ensure that the waste in question is disposed
notifier returns the waste to its area of jurisdiction,         of in an environmentally sound manner by the consignee
unless the waste can be disposed of in an alternative and       or, if necessary, by itself within 30 days from the time it
environmentally sound manner, within 90 days of the             was informed of the illegal traffic or within any such
competent authority of dispatch being informed. Where           other period of time as may be agreed by the competent
disposal entails the shipment of waste to the area of a         authorities concerned. To this end they shall cooperate,
competent authority other than that of dispatch, a              as necessary, in the disposal of the waste in an environ-
further notification shall be made. No Member State of          mentally sound manner.
dispatch or Member State of transit shall oppose the
return of this waste.
                                                                4.     Where responsibility for the illegal traffic cannot be
                                                                imputed to the notifier, or to the consignee, the
                                                                competent authorities shall ensure, through cooperation,
                         Article 14                             that the waste in question is disposed of in an environ-
1.     Any shipment of waste conducted:                         mentally sound manner.
(a) without notification of all competent authorities           5.     Member States shall prohibit and severely penalize
     concerned pursuant to the provisions of this Regu-         illegal traffic.
     lation; or
                                                                                             Article 15
(b) without the consent of the competent authority
     concerned pursuant to the provsisions of this Regu-        1.     All shipments of waste covered by Titles II (except
     lation; or                                                 Article 7), III, IV and V shall be subject to a provision of
                                                                security. This shall be lodged:
(c) with consent obtained from the competent auth-
     orities concerned through falsification, misrepresen-      — by the notifier with the administrative office
     tation or fraud; or                                             designated by the competent authority of departure
 ---pagebreak---  No C 289/18                          Official Journal of the European Communities                               17. 11.90
     where waste is being moved within the Community;            (a) any refusal by the competent authority entitled to
     the surety shall be released when the waste has                  issue the authorization, to authorize the shipment
     reached its destination,                                        within the intended period, pursuant to Articles 4
                                                                      (1), 10(2), 11 (5) and 12 (2);
 — by the notifier with the customs office of departure
     where waste is being exported out of the
                                                                 (b) any reservations or conditions linked to the authori-
     Community; the surety shall be returned to him when             zation referred to under (a);
     the waste leaves the Community,
 — by the consignee at the customs office of entry into          (c) any objections raised by the competent authorities in
     the Community where waste is being imported into                the Community against the shipment as intended by
     the Community; the surety shall be returned to him              the notification, pursuant to Articles 4 (3) and (4),
     when the waste has reached its destination,                     and 7 (1) (c);
— by the notifier at the customs office of entry into the        (d) any transport conditions pursuant to Articles 4 (5),
     Community where waste is in transit through the                 10 (4), 11 (6) and 12 (4).
     Community; the surety shall be returned to him when
     the waste leaves the Community.
                                                                                          Article 19
2.     Proof that the waste has reached its destination or
                                                                In compliance with the provisions of this Regulation,
left the Community shall be furnished by means of
                                                                Member States shall take the measures needed to ensure
control copy T 5 drawn up under Commission Regu-
                                                                the supervision and control of waste shipments.
lation (EEC) No 2823/87 (').
3.     The amount of the security, exceptions to release
and the procedure for providing securities shall be                                       TITLE VII
determined in accordance with Article 31.
                                                                                       Other provisions
                          Article 16
The provisions of Titles II, III, IV and V shall apply                                    Article 20
without prejudice to any bilateral, multilateral or              1.    All shipments of waste shall meet the following
regional agreements or arrangements which the                   conditions:
Community, or the Community and Member States, may
deem fit to conclude pursuant to Article 11 of the Basle
Convention.                                                     (a) the waste must be suitably packaged;
                          Article 17                            (b) the containers must bear appropriate labels indi-
                                                                     cating, in addition to the nature, composition and
1.     Under Titles III, IV and V, the notifier may use a            quantity of the waste, the telephone number(s) of the
general notification procedure where waste having essen-             person(s) from whom instructions or advice may be
tially the same physical and chemical characteristics is             obtained at all times during shipment;
shipped regularly to the same consignee via the areas of
jurisdiction of the same competent authorities.
                                                                (c) instructions for action in the event of danger or
                                                                     accident must accompany the waste;
2.     Article 5 (2), (3) and (4) shall apply       mutatis
mutandis.
                                                                (d) the labels and instructions referred to in (b) and (c)
                                                                     must be in the languages of the States concerned.
                          Article 18
Member States shall provide that an appeals procedure
before the tribunals shall be open at least to the notifier     2.     The conditions referred to in paragraph 1 shall be
against the following decisions of the competent auth-          deemed to be fulfilled where the shipment complies with
orities :                                                       the relevant provisions of Community law and of the
                                                                international transport conventions, cited in Annex VI,
                                                                to which the Member State concerned is a party, where
                                                                those conventions cover the waste to which this Regu-
O OJ No L 270, 23. 9. 1987, p. 1.                               lation refers.
 ---pagebreak---  17. 11.90                              Official Journal of the European Communities                             No C 289/19
                          Article 21                               3.    The Commission correspondent shall forward to
                                                                   the correspondents of the Member States any questions
 1.    The cost of implementing the notification and
                                                                   put to him which fall within their competence, and vice
 supervision procedure, including the necessary analyses           versa.
 and inspections, shall be chargeable to the notifier by the
 Member State concerned.
                                                                                            Article 26
                                                                   1.    Member States shall notify the Commission not
 2.    Costs arising from the return of waste or from              later than 1 October 1991 of the name(s), address(es)
 disposal in another form pursuant to Articles 13 and 14           and telephone and telex/telefax numbers of the
 (2) shall be charged to the notifier by the Member State          competent authorities and of the correspondents and the
 concerned.                                                        installations, establishments or undertakings holding an
                                                                   authorization within the meaning of the fourth indent of
                                                                  Article 3 (4), together with the seals of the competent
 3.    Costs arising from disposal, pursuant to Article 14         authorities.
 (3), shall be charged to the consignee by the Member
 State concerned.                                                 Member States shall notify the Commission regularly of
                                                                   any changes in this information.
                          Article 22                              2.     The Commission shall send the information without
                                                                  delay to the other Member States and to the Secretariat
 1.    Without prejudice to Community and national                of the Basle Convention.
provisions concerning civil liability and irrespective of the
point of disposal of the waste the producer of that waste
shall take all necessary steps to dispose of the waste in                                   Article 27
such a way as to protect the quality of the environment
in accordance with Directive 75/442/EEC, including the             1.    In consultation with the Commission, Member
specific provisions referred to in Article 2 (2) (f) thereof      States shall designate customs offices of entry into and
and in this Regulation.                                           departure from the Community for shipments of waste
                                                                  entering and leaving the Community.
2.     Member States shall take all necessary steps to            2.     No shipment of waste shall be allowed to use any
ensure that the obligations laid down in paragraph 1 are          other frontier crossing points for entering or leaving the
carried out.                                                      Community than the customs offices designated under
                                                                  paragraph 1.
                         Article 23                                                         Article 28
All documents sent to or by the competent authorities             Within the framework of the Basle Convention, the
shall be kept for at least three years.                           Member States, in close liaison with the Commission,
                                                                  shall cooperate with the other interested parties inter alia
                                                                  via the exchange of information, the promotion of new
                                                                  environmentally sound technologies and the development
                         Article 24                               of appropriate codes of practice.
Member States shall designate the competent authority
or authorities for the implementation of this Regulation                                    Article 29
in a specific area. A single competent authority of transit
shall be designated by each Member State.                         The Commission and Member States shall cooperate in
                                                                  discharging their obligations regarding the supply of
                                                                  information under Article 13 of the Basle Convention.
                         Article 25
                                                                                            Article 30
1.     Member States and the Commission shall each
designate a correspondent responsible for informing or            1.     Every year, and for the first time on 1 March 1993,
advising persons or undertakings who or which make                Member States shall supply the Commission with a
enquiries.                                                        report on the implementation of this Regulation and on
                                                                  the situation with regard to the shipments of waste
                                                                  covered by this Regulation.
2.    The Commission shall periodically hold a meeting
of its correspondents to examine with them the problems           2.     The reports shall include the following information
raised by the implementation of this Regulation.                  in particular:
 ---pagebreak--- No C 289/20                            Official Journal of the European Communities                                17. 11. 90
— shipments of waste arising from major accidents                The representative of the Commission shall submit to the
    within the meaning of Article 1 of Council Directive         committee a draft of the measures to be taken. The
    82/501/EEC of 24 June 1982 on the major accident             committee shall deliver its opinion on the draft within a
    hazards of certain industrial activities ('),                time limit which the chairman may set as required by the
                                                                 urgency of the matter. The opinion shall be delivered by
— significant irregularities in shipments of waste               the majority laid down in Article 148 (2) of the Treaty in
    covered by this Regulation which have involved or            the case of decisions which the Council is required to
    may yet involve serious hazards for man or the en-           adopt on a proposal from the Commission. The votes of
    vironment,                                                   the representatives of the Member States within the
                                                                 committee shall be weighted in the manner set out in
— the quantity and type of waste which has entered the
                                                                 that Article. The chairman shall not vote.
    area of jurisdiction of the competent authorities for
    disposal and the quantity and type of waste produced
                                                                 The Commission shall adopt measures which shall apply
    in the area of jurisdiction of the competent auth-
                                                                 immediately. However, if these measures are not in
    orities and subsequently dispatched to another
                                                                 accordance with the opinion of the committee, they shall
    competent authority, either definitively or before           be communicated by the Commission to the Council
    disposal at sea.                                             forthwith. In that event the Commission may defer
                                                                 implementation of the measures adopted for a period of
3.    On the basis of these.reports, the Commission shall
                                                                 not more than one month from the date of said
prepare a consolidated report every year, which it shall
                                                                 communication.
address to the European Parliament, the Council and the
Economic and Social Committee.
                                                                 The Council, acting by a qualified majority, may take a
                                                                 different decision within the time limit referred to in the
                         Article 31                              previous paragraph.
The list provided for in Article 2 (2) (d), the standard
consignment note and the standard document referred to                                    Article 33
respectively in Articles 3 (3) and 7 and the necessary
general provisions and instructions relating to the note         Directive 84/631/EEC is hereby repealed with effect
and form and the provisions necessary for applying               from 1 January 1992. However, it shall continue to apply
Article 15 (3), shall be drawn up by the Commission              to shipments for which notification has been sent to the
before 1 January 1992, in accordance with the procedure          competent authority before that date.
laid down in Article 32. The same procedure shall apply
to the amendments needed to adapt these documents and                                     Article 34
the Annexes to this Regulation to scientific and technical
progress, due account being taken of the combined                1.    This Regulation shall enter into force on the 40th
nomenclature.                                                    day following that of its publication in the Official
                                                                 Journal of the European Communities.
                         Article 32
                                                                 2.    It shall apply from 1 January 1992 with            the
The Commission shall be assisted by a committee                  exception of Articles 2, 9 (1) and (2), 24 to 29, 31    and
composed of the representatives of the Member States             32 which shall apply from its date of entry into force  and
and chaired by the representative of the Commission.             without prejudice to the second sentence of Article     33.
                                                                 This Regulation shall be binding in its entirety and
O OJ No L 230, 5. 8. 1982, p. 1.                                 directly applicable in all Member States.
 ---pagebreak--- tB.M.^O                                   ^fici^]ourn^lo^^Euroo^nC^ornrnunin^                                                                 ^o(e^^B^t
                                                                            ^t^^^A^^
                                                             C^A^^^^^S^^^A^^
        C^t   Production or consumption residues not otherwise specified below
        ^     (Offspe^ification products
        ^     r i m e e ^ p i r e d products
        ^     Substances spilled, lost or having undergoneother mishap including any materials, equipment,
              etc.,contaminated a s a r e s u l t of the mishap
        CO^   Substances contaminated or soiled a s a r e s u l t of planned actions (e.g. residues from cleaning oper^
              ations, packaging materials, containers, etc.^
        ^     Unusable components(e.g. discarded batteries, exhausted catalytic converters, etc.^
        COB   Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated
              solvents, spent tempering salts, etc.^
        OO^   residues of industrial processes (e.g. slags, still bottoms, e t ^
        ^     residues from pollution abatement processes(e.g.scrubber sludges, air^filter dusts, spent filters,
              etc.^
        C^tO  ^vtachiningBforming residues (e.g. lathe or milling swarf, etc.^
        e^M   residues from rawmaterials extraction and processing(e.g. mining residues,oil field slops, etc.^
        C^t^  Adulterated products(e.g. oils contaminated with PCr^s,etc.^
        C^t^  Any materials, substances or products whose use has been banned by law
        O^t^  P r o d u c t s f o r w h i c h t h e h o l d e r h a s n o f u r t h e r u s e (e.g. agricultural, household, office, retailing
              and workshop discards, etc.^
        OB^t^ contaminated materials, substances or products resulting from land reclamation
        C^t^  Any materials, substances or products which the holder wishes to disposeof, or isrequired to
              dispose of, and whi^h are not contained in the above categories
 ---pagebreak--- No C 289/22                          Official Journal of the European Communities                                      17. 11. 90
                                                           ANNEX     II
                                                A. DISPOSAL OPERATIONS
          Dl     Tipping above or underground (e.g. landfill, etc.)
          D2     Land treatment (e.g. biodegradation of liquid effluents or sludges in soils, etc.)
          D3     Deep injection (e.g. injection of pumpable effluents into wells, salt domes or naturally occurring
                 repositories, etc.)
          D4     Surface impoundment (e.g. dumping of liquid effluents or sludges into pits, ponds or lagoons,
                 etc.)
          D5     Specially engineered landfill (e.g. discharge into lined discrete cells which are capped and isolated
                 from one another and the environment, etc.)
          D6     Release of solid waste into a water body except seas/oceans
          D7     Release into seas/oceans including sea-bed insertion
          D8     Biological treatment not specified elsewhere in this Annex which results in final compounds or
                 mixtures which are disposed of by means of any of the operations listed in Annex II.A.
          D9     Physical-chemical treatment not specified elsewhere in this Annex which results in final
                 compounds or mixtures which are disposed of by means of any of the operations listed in Annex
                 II.A. (e.g. evaporation, drying, calcination, etc.)
          D10    Incineration on land
          Dll    Incineration at sea
          D12    Permanent storage (e.g. of containers in a mine, etc.)
          D13    Blending or mixing prior to any of the operations in Annex II.A.
          D14    Repackaging prior to any of the operations in Annex II.A.
          D15    Storage pending any of the operations in Annex II.A.
          NB: Annex II.A. is intended to list disposal operations such as occur in practice. These operations may or
              may not be acceptable from the point of view of environmental protection.
                                B. OPERATIONS W H I C H MAY LEAD T O RECOVERY
          Rl    Use principally as a fuel or other means of generating energy
          R2     Solvent reclamation/regeneration
          R3     Recycling/reclamation of organic substances which are not used as solvents
 ---pagebreak--- LelP^O                                     COffici^]ourn^ofrn^Eurooe^nC^ornrnunin^                                         l^ooe^^B^
—.—   DD^                                      ^  ^.^^     ^^ ^^    ^  D^^ ^ DDDD^                           ^ ^,   ^,^ ,,   „ ^D^^D^D ^^^^^
            R^       RecyclingBreclamation of metals and metal compounds
            R^       RecyclingBreclamation of other inorganic substances
           RD        Regeneration of acids or bases
           R^        Recovery of components used for pollution abatement
           R^        Recovery of components from catalytic converters
           R^        Redefining or other reuses of oil
           RtO       Spreading on land resulting in benefit to agriculture or ecological improvement, including
                     composting and other biological conversion processes
           RM        Uses of residues obtained from any of the operations numbered Rt^RtO
           Rt^       exchange of^vastes for submission to any of the operations numbered R t R t t
           Rt^      Accumulation of material intended for submission to any operation in Annex H.B.
           ^v^. Annex II.B. is intended to list the processes and methods intended to extract andBor to utilize
                secondary materials.These processes and methods may or may not be acceptable from the point of
                vie^v of environmental protection.
                             O^AT^ORI^O^^A^RUOU^^A^^
          ^t        clinical pastes from medical care in hospitals, medical centres and clinics
          ^         p a s t e s from the production and preparation of pharmaceutical products
          ^         ^ a s t e pharmaceuticals, drugs and medicines
          ^         p a s t e s from the production, formulation and use of biocides and plant health care products
          ^         p a s t e s from the manufacture, formulation and use of ^vood preserving agents
          ^D        p a s t e s from the production, formulation and use of organic solvents
          ^         p a s t e s from heat treatment and tempering operations involving cyanides
          ^        ^ a s t e mineral oils unfit for their originally intended use
          ^        ^asteoilB^vater,hydrocarbonB^vater mixtures and emulsions
 ---pagebreak--- No C 289/24                          Official Journal of the European Communities                                    17. 11. 90
          Y10     Waste substances and articles containing or contaminated with polychlorinated biphenyls (PCBs)
                  and/or polychlorinated terphenyls (PCTs) and/or polybrominated biphenyls (PBBs)
           Yl 1   Waste tarry residues arising from refining, distillation and any pyrolytic treatment
           Y12    Wastes from the production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish
          Y13     Wastes from the production, formulation and use of resins, latex plasticizers, glues/adhesives
          Y14     Waste chemical substances arising from research and development or teaching activities which are
                  not identified and/or are new and whose effects on man and/or the environment are not known
          Y15     Wastes of a potentially explosive nature not subject to other legislation
          Y16     Wastes from the production, formulation and use of photographic chemicals and processing
                  materials
          Y17     Wastes resulting from the surface treatment of metals and plastics
          Y18     Residues arising from industrial waste disposal operations
          Wastes containing
           Y19    Carbonyl metals
          Y20     Beryllium; beryllium compounds
           Y21    Hexavalent chromium compounds
           Y22    Copper compounds
           Y23    Zinc compounds
           Y24    Arsenic; arsenic compounds
           Y25    Selenium; selenium compounds
           Y26    Cadmium; cadmium compounds
           Y27    Antimony; antimony compounds
           Y28    Tellurium; tellurium compounds
           Y29    Mercury; mercury compounds
           Y30    Thallium; thallium compounds
           Y31    Lead; lead compounds
           Y32    Inorganic fluorine compounds excluding calcium fluoride
           Y33    Inorganic cyanides
           Y34    Acidic solutions or acids in solid form
 ---pagebreak--- 17. 11.90                        Official Journal of the European Communities                             No C 289/25
          Y35 Basic solutions or bases in solid form
          Y36 Asbestos (dust and fibres)
          Y37 Organic phosphorous compounds
          Y38 Organic cyanides
          Y39 Phenols; phenol compounds including chlorophenols
          Y40 Ethers
          Y41 Halogenated organic solvents
          Y42 Organic solvents excluding halogenated solvents
          Y43 Any congener of polychlorinated dibenzo-furan
          Y44 Any congener of polychlorinated dibenzo-p-dioxin
          Y45 Organohalogen compounds other than the substances referred to in this Annex (e.g.: Y39, Y41,
              Y42, Y43, Y44)
                                                     ANNEX IV
                    CATEGORIES OF WASTE REQUIRING SPECIAL CONSIDERATION
          Y46 Wastes collected from households
          Y47 Residues arising from the incineration of household wastes
 ---pagebreak--- N o C 289/26                 Official Journal of the European Communities                                     17. 11. 90
                                                  ANNEX V
                              LIST OF HAZARDOUS CHARACTERISTICS
             UN class (') Code                                     Characteristics
                1         HI            Explosive
                                       An explosive substance or waste is a solid or liquid substance or
                                       waste (or mixture of substances or wastes) which is in itself capable
                                       by chemical reaction of producing gas at such a temperature and
                                       pressure and at such a speed as to cause damage to the surroundings.
                2         H3           Flammable liquid
                                       Flammable liquids are liquids, or mixtures of liquids, or liquids
                                       containing solids in solution or suspension (for example, paints,
                                       varnishes, lacquers, etc., but not including substances or wastes
                                       otherwise classified by virtue of their dangerous characteristics)
                                       which give off a flammable vapour at temperatures of not more than
                                       60,5 °C, in a closed-cup test, or not more than 65,6 °C, in an
                                       open-cup test. (Since the results of open-cup tests and closed-cup
                                       tests are not strictly comparable and even individual results by the
                                       same test are often variable, regulations varying from the above
                                       figures to make allowances for such differences would be within the
                                       spirit of this definition).
                4.1       H4.1         Flammable solids
                                       Solids, or waste solids, other than those classed as explosives which,
                                       under the conditions encountered in transport, are readily
                                       combustible, or may cause or contribute to fire through friction.
                4.2       H4.2         Substances or wastes liable to spontaneous combustion
                                       Substances or wastes which are likely to heat up spontaneously
                                       under the normal conditions encountered in transport, or to heat up
                                       on contact with air, and being then likely to catch fire.
                4.3       H4.3         Substances or wastes which, in contact with water, emit flammable
                                       gases
                                       Substances or wastes which, by interaction with water, are likely to
                                       become spontaneously flammable or to give off flammable gases in
                                       dangerous quantities.
                5.1       H5.1         Oxidizing
                                       Substances or wastes which, while in themselves not necessarily
                                       combustible, may generally by yielding oxygen cause, or contribute
                                       to, the combustion of other materials.
                5.2       H5.2         Organic peroxides
                                       Organic substances or wastes which contain the bivalent -0-0-
                                       structure are thermally unstable substances which may undergo
                                       exothermic self-accelerating decomposition.
                6.1       H6.1         Poisonous (acute)
                                       Substances or wastes liable either to cause death or serious injury or
                                       to harm human health if swallowed or inhaled or in contact with the
                                       skin.
 ---pagebreak--- 17. 1 1 . 9 0                              Official J o u r n a l of t h e E u r o p e a n C o m m u n i t i e s                   N o C 289/27
                  UN class (')           Code                                              Characteristics
                       6.2               H6.2             Infectious substances
                                                          Substances or wastes containing viable micro-organisms or their
                                                          toxins which are known or suspected to cause disease in-animals or
                                                          human beings.
                       8                 H8               Corrosives
                                                          Substances or wastes which, by chemical action, will cause severe
                                                          damage when in contact with living tissue, or, in the case of leakage,
                                                          will materially damage, or even destroy, other goods or the means of
                                                          transport; they may also cause other hazards.
                       9                H10               Release of toxic gases on contact with air or water
                                                          Substances or wastes which, by interaction with air or water, are
                                                          liable to give off toxic gases in dangerous quantities.
                       9                Hll               Toxic (delayed or chronic)
                                                          Substances or wastes which, if they are inhaled or ingested or if they
                                                          penetrate the skin, may involve delayed or chronic effects, including
                                                          carcinogenicity.
                       9                H12               Ecotoxic
                                                          Substances or wastes which, if released, cause or may cause
                                                          immediate or delayed adverse impacts to the environment by means
                                                          of bioaccumulation and/or toxic effects upon biotic systems.
                       9                H13               Capable, by any means, after disposal, of yielding another material,
                                                          e.g., leachate, which possesses any of the characteristics listed above.
              (') Corresponds to the hazard classification system included in the United Nations recommendations on the transport of
                  dangerous goods (ST/SG/AC. 10/1 /Rev. 5, United Nations, New York, 1988).
                                                                        Tests
              The potential hazards due to certain types of waste are not yet fully documented; tests to define these
              hazards quantitatively do not exist. Further research is necessary in order to develop means to characterize
              the potential hazards to man and/or the environment arising from these wastes. Standardized tests relating
              to pure substances and materials have been developed. Many countries have devised national tests which
              can be applied to the substances listed in Annex I, in order to decide if they exhibit any of the charac-
              teristics listed in this Annex.
 ---pagebreak--- No C 289/28                               Official Journal of the European Communities                          17. 11. 90
                                                                   ANNEX VI
           LIST OF INTERNATIONAL TRANSPORT CONVENTIONS REFERRED TO IN ARTICLE
                                                                     20 (2) («)
           1. ADR
              European Agreement concerning the international carriage of dangerous goods by road (1957)
           2. Cotif
              Convention concerning the international carriage of dangerous goods by rail (1985)
              RID
              Regulation on the international carriage by rail of dangerous goods (1985)
           3. Solas Convention
              International Convention for the Safety of Life at Sea (1974)
          4. IMDG code (2)
              International Maritime Dangerous Goods Code
          5. Chicago Convention
              Convention on International Civil Aviation (1944), Annex 18 to which deals with the carriage of
              dangerous goods by air (T.I.: Technical Instructions for the Safe Transport of Dangerous Goods by
              Air)
          6. Marpol Convention
              International Convention for the Prevention of Pollution from Ships (1973 to 1978)
          7. ADNR
              Regulations on the carriage of dangerous substances on the Rhine (1970)
          (') This list contains those Conventions in force at the time of adoption of this Regulation.
          (2) Since 1 January 1985, the IMDG code has been incorporated in the Solas Convention.