CELEX: 51992PC0121
Language: en
Date: 1992-03-23
Title: Amended proposal for a COUNCIL REGULATION (EEC) on the supervision and control of shipments of waste within, into and out of the European Community

NoC 115 /4                            Official Journal of the European Communities                                  6 . 5 . 92
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
             Amended proposal for a Council Regulation (EEC) on the supervision and control of shipments
                               of waste within, into and out of die European Community 0)
                                                       (92/C 115 /03)
                                               COM(92) 121 final — SYN 305
             (Submitted by the Commission pursuant to Article 149 (3) ofthe EEC Treaty on 23 March 1992)
             (') OJ No C 289, 17. 11 . 1990, p. 9.
                    ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European             Having regard to the Treaty establishing the European
Economic Community, and in particular Articles 100a               Economic Community, and in particular Articles 100a
and 113 thereof,                                                  and 113 thereof,
Having regard to the proposal from the Commission,                Having regard to the proposal from the Commission,
In cooperation with the European Parliament,                      In cooperation with the European Parliament,
Having regard to the opinion of the Economic and                  Having regard to the opinion of the Economic and
Social Committee,                                                 Social Committee,
Whereas Council Directive 84/63 1 /EEC ('), as last               Whereas Council Directive 84/631 /EEC (l), as last
amended by Directive 86/279/EEC (*), organizes the                amended by Directive 86/279/EEC (*), organizes the
supervision and control within the Community of trans­            supervision and control within the Community of trans­
frontier shipment of hazardous waste;                             frontier shipment of hazardous waste;
Whereas the completion of the internal market by 1                Whereas the completion of the internal market by 1
January 1993 will remove internal frontiers, in particular        January 1993 will remove internal frontiers, in particular
as regards the movement of waste, and implies that there          as regards the movement of waste, and implies that there
must be new procedures for the supervision and control            must be new procedures for the supervision and control
of waste shipments as this will no longer be possible at          of waste shipments as this will no longer be possible at
frontiers ;                                                       frontiers ;
C) OJ No L 326, 13. 12. 1984, p. 31 .                             O OJ No L 326, 13. 12. 1984, p. 31 .
O OJ No L 181 , 4. 7 . 1986, p. 13.                               O OJ No L 181 , 4. 7. 1986, p. 13 .
 ---pagebreak--- 6 . 5 . 92                              Official Journal of the European Communities                               No C 115 / 5
                       ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
Whereas      the    Community has        signed   the   Basel     Whereas      the    Community      has   signed   the   Basel
Convention of 22 March 1989 on the control of trans­              Convention of 22 March 1989 on the control of trans­
boundary movements of hazardous wastes and their                  boundary movements of hazardous wastes and their
disposal, thereby necessitating an adaptation of                  disposal, thereby necessitating an adaptation of
Community Regulations ;                                           Community Regulations ;
                                                                  Having regard to the words used by several Member
                                                                  States and the Commission in the final act of the Basel
                                                                  Convention         . in making every effort to phase out
                                                                  gradually export and imports of wastes . . . within a
                                                                  framework of regional cooperation';
Whereas the relevant provisions of Article 39 of the              Whereas the relevant provisions of Article 39 of the
Lome Convention of 15 December 1989 (Fourth                       Lome Convention of 15 December 1989 (Fourth
ACP-EEC Convention) must also be integrated into                  ACP-EEC Convention) must also be integrated into
Community legislation ;                                           Community legislation ;
                                                                  Having regard to the European Parliament's opinion of
                                                                  25 May 1989 on the export of toxic and hazardous
                                                                  waste ('),
Whereas the implementation of Directive 84/631 /EEC               Whereas the implementation of Directive 84/631 /EEC
has revealed certain difficulties relating in particular to       has revealed certain difficulties relating in particular to
the scope of the Directive and the procedure reserved for         the scope of the Directive and the procedure reserved for
non-ferrous metal waste, and these difficulties need to be        non-ferrous metal waste, and these difficulties need to be
remedied ;                                                        remedied ;
Whereas it is important to organize the supervision and           Whereas it is important to organize the supervision and
control of shipments of all wastes, subject to the making         control of shipments of all wastes, subject to the making
of exemptions for certain types of waste ;                        of exemptions for certain types of waste ;
Whereas the legislation therefore needs to be completely          Whereas the legislation therefore needs to be completely
revised ;                                                         revised ;
Whereas the Community's waste strategy aims to reduce             Whereas the Community's waste strategy aims to reduce
the production of waste to the lowest technologically             the production of waste to the lowest technologically
and economically feasible level and reduce shipments to           and economically feasible level and reduce shipments to
strict essentials in order to provide the best protection for     strict essentials in order to provide the best protection for
the environment and human health ;                                the environment and human health ;
Whereas a distinction must be made between, on the one            Whereas a distinction must be made between, on the one
hand, waste shipments within the Community and, on                hand, waste shipments within the Community and, on
the other, exports out of the Community, imports into             the other, exports out of the Community, imports into
the Community and transit through the Community for               the Community and transit through the Community for
disposal or for further use outside the Community;                disposal or for further use outside the Community ;
                                                                  (') OJ No C 158 , 26. 6. 1989, p. 232 (amendments Nos 34
                                                                      and 35).
 ---pagebreak--- NoC 115 / 6                            Official Journal of the European Communities                                  6 . 5 . 92
                     ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
Whereas the Council resolution of 7 May 1990                     Whereas the Council resolution of 7 May 1990 (l) and
underlines the importance of the Community being self­           the European Parliament's resolution of 19 February
sufficient in waste disposal ;                                    1991 O on a Community strategy on waste management
                                                                 underline the importance of the Community being self­
                                                                 sufficient in waste disposal ;
                                                                 Whereas it is desirable for Member States to aim for
                                                                 self-sufficiency in waste management, in accordance with
                                                                 national waste management plans and policies ;
Whereas, inside the Community, shipments of waste                Whereas, inside the Community, shipments of waste
must be submitted for control as soon as they leave the          must be submitted for control as soon as they leave the
jurisdiction of one authority and enter that of another;         jurisdiction of one authority and enter that of another;
whereas it is important that such strict control and super­      whereas it is important that such strict control and super­
vision be ensured right from its production up to its final      vision be ensured right from its production up to its final
disposal of further use, enabling the relevant authorities       disposal of further use, enabling the relevant authorities
to be duly informed of its nature, movement and disposal         to be duly informed of its nature, movement and disposal
so that they can take all necessary measures for the             so that they can take all necessary measures for the
protection of human health and the environment, though           protection of human unjustified or disproportionate
without creating unjustified or disproportionate barriers        barriers to intra-Community trade or distorting compe­
to intra-Community trade or distorting competition ;             tition ;
Whereas, in particular, it must be possible to raise             Whereas, in particular, it must be possible to raise
objections to waste shipments intended for disposal if           objections to waste shipments intended for disposal if
there is an authorized disposal centre significantly             there is an authorized disposal centre significantly
nearer, and capable of ensuring an appropriate waste             nearer, and capable of ensuring an appropriate waste
treatment ;                                                      treatment ;
Whereas less stringent rules may be applied to waste             Whereas less stringent rules may be applied to waste
which is to be further used whilst reserving the possibility     which is to be further used whilst reserving the possibility
of action at the point of destination if the conditions of       of action at the point of destination if the conditions of
further use endanger human health or the environment;            further use endanger human health or the environment;
Whereas, as regards exports out of the Community,                Whereas, as regards exports out of the Community,
imports into the Community and transit through the               imports into the Community and transit through the
Community, Community Regulations must comply with                Community, Community Regulations must comply with
the provisions of the Basel Convention and the Fourth            the provisions of the Basel Convention and the Fourth
ACP-EEC Convention while adhering to the GATT                    ACP-EEC Convention while adhering to the GATT
rules, and the convention of 20 May 1987 on a common             rules, and the convention of 20 May 1987 on a common
transit regime, concluded between the Community and              transit regime, concluded between the Community and
the EFTA countries C) ;                                          the EFTA countries (5);
(') OJ No L 226, 13 . 8 . 1987, p. 2 .                           C) OJ No C 122, 18 . 5 . 1990, p. 2.
                                                                 O OJ No C 72, 18. 3. 1991 , p. 34.
                                                                 O OJ No L 226, 13. 18 . 1987, p. 2.
 ---pagebreak--- 6 . 5 . 92                            Official Journal of the European Communities                             No C 115 /7
                     ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
Whereas the provisions of the Basel Convention are to           Whereas the provisions of the Basel Convention are to
promote an environmentally sound management of waste            promote an environmentally sound management of waste
and, in consequence, to limit shipments as far as possible,     and, in consequence, to limit shipments as far as possible,
duly taking into account the options taken by the third         duly taking into account the options taken by the third
States concerned; whereas they are in line with the             States concerned; whereas they are in line with the
Community strategy for waste management;                        Community strategy for waste management;
Whereas, in this context, the principle of prior written        Whereas, in this context, the principle of prior written
consent of the State of destination must be observed ;          consent of the State of destination must be observed ;
Whereas shipments to developing countries of waste              Whereas shipments to developing countries of waste
intended for disposal must be reduced as a matter of            intended for disposal must be reduced as a matter of
priority in due compliance with decisions on waste taken        priority in due compliance with decisions on waste taken
by those countries ;                                            by those countries ;
                                                                Whereas the exportation of hazardous waste for
                                                                recovery towards non-OECD countries will be subject to
                                                                review not later than 31 December 1999, taking into
                                                                account the experience achieved under bilateral
                                                                agreements and the ability of such countries to carry out
                                                                recovery activities in a manner which provided full
                                                                guarantees of environmentally sound management. If
                                                                such a review leads to the conclusion that environmental
                                                                guarantees are insufficient, the continuation of waste
                                                                exports under such terms shall be reconsidered, including
                                                                the possibility of establishing a ban of such waste
                                                                exports ;
Whereas provision must be made for the waste to be              Whereas the waste must be taken back if the shipment
taken back if the shipment cannot be completed in               cannot be completed in accordance with the terms of the
accordance with the terms of the contract;                      contract ;
Whereas, in the event of illegal traffic, the person whose      Whereas, in the event of illegal traffic, the person whose
action is the cause of such traffic must take back and/or       action is the cause of such traffic must take back and/or
dispose of the waste and, should he fail to do so, the          dispose of the waste and, should he fail to do so, the
competent authorities of dispatch or destination, as the        competent authorities of dispatch or destination, as the
case may be, must themselves intervene ;                        case may be, must themselves intervene ;
Whereas, in as much as it takes place within the                Whereas, in as much as it takes place within the
Community, each waste shipment must be subject to a             Community, each waste shipment must be subject to a
provision of security, except shipments of waste intended       provision of security, except shipments of waste intended
for further use, that take place between competent auth­        for further use, that take place between competent auth­
orities within the Community;                                   orities within the Community;
 ---pagebreak--- NoC 115 / 8                          Official Journal of the European Communities                                6 . 5 . 92
                    ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
Whereas Member States must provide scope for appeal            Whereas Member States must provide scope for appeal
by the notifier against the decisions taken by the             by the notifier against the decisions taken by the
competent authorities ;                                        competent authorities ;
Whereas, in order to ensure that waste does not                Whereas, in order to ensure that waste does not
constitute an unnecessary risk, it must be properly            constitute an unnecessary risk, it must be properly
packaged and labelled ; whereas the instructions to be         packaged and labelled ; whereas the instructions to be
followed in the event of danger or accident must               followed in the event of danger or accident must
accompany the waste in order to protect man and the            accompany the waste in order to protect man and the
environment from any danger that might arise during the        environment from any danger that might arise during the
operation ;                                                    operation ; whereas these instructions must inform those
                                                               involved in the operation of the risks that such waste
                                                               shipments entail to their health and to the environment ;
Whereas, in consultation with the Commission, Member           Whereas, in consultation with the Commission, Member
States must designate specialized customs offices at the       States must designate specialized customs offices at the
Community entry and exit points ;                               Community entry and exit points ;
                                                               Whereas the European Environment Agency in
                                                               conformity with Articles 2 and 3 of Council Regulation
                                                               (EEC) No 1210/90 of 7 May 1990 will collate and assess
                                                               data on waste management and provide the Community
                                                                and Member States with the necessary information :
                                                               whereas the agency in conformity with Article 1 5 of this
                                                               Regulation should seek to coordinate in these activities
                                                               with the Statistical Office of the European Communities ;
                                                               whereas any future role of the Agency pertaining to
                                                               shipments of waste, within, into and out of the European
                                                                Community, shall be considered under the provisions of
                                                               Article 20 of the Regulation mentioned above ;
Whereas, in accordance with the 'polluter pays'                Whereas, in accordance with the 'polluter pays'
principle, the costs of implementing the notification          principle, the costs of implementing the notification
procedure, including the costs of inspection and analysis,     procedure, including the costs of inspection and analysis,
must be borne by the notifier;                                 must be borne by the notifier;
Whereas Member States must provide the Commission              Whereas Member States must provide the Commission
with any information relevant to the implementation of         with any information relevant to the implementation of
this Regulation, and must in particular prepare yearly          this Regulation, and must in particular prepare yearly
reports on the basis of which the Commission must draw          reports on the basis of which the Commission must draw
up a consolidated report;                                       up a consolidated report ;
Whereas a committee must be set up for the preparation         Whereas a committee must be set up for the preparation
of the documents provided for by this Regulation and            of the documents provided for by this Regulation and
for the adaptation of the Annexes to scientific and             for the adaptation of the Annexes to scientific and
technical progress,                                             techical progress,
 ---pagebreak--- 6 . 5 . 92                              Official Journal of the European Communities                           No C 115 /9
                        ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
HAS ADOPTED THIS REGULATION :                                     HAS ADOPTED THIS REGULATION :
                             TITLE I                                                        TITLE I
                             General                                                        General
                             Article 1                                                      Article 1
This Regulation shall apply to shipments of waste both            This Regulation shall apply to shipments of waste both
within and into or out of the Community                           within and into or out of the Community.
                             Article 2                                                      Article 2
1.      For the purposes of this Regulation :                      1.   For the purposes of this Regulation :
(a) waste means any substance or object which is                  (a) waste means any substance or object which is
      covered by the categories listed in Annex I and                 covered by the categories lised in Annex I and which
      which the holder disposes of, intends to dispose of or          the holder disposes of, intends to dispose of or is
      is required to dispose of;                                      required to dispose of;
(b) competent authorities means the competent authorities         (b) competent authorities means the competent authorities
      designated either by the Member States in                       designated either by the Member States in
      accordance with Article 24 or by non-member                     accordance with Article 24 or by non-member
      States ;                                                        States ;
(c) competent authority of dispatch means the competent           (c) competent authority of dispatch means the competent
      authority for the area from which the shipment is               authority for the area from which the shipment is
      dispatched ;                                                    dispatched ;
(d) competent authority of destination means the                  (d) competent authority of destination means the
      competent authority for the area in which the                   competent authority for the area in which the
      shipment is received, or in whose area waste is                 shipment is received, or in whose area waste is
      loaded on board before disposal at sea;                         loaded on board before disposal at sea ;
(e) correspondent means the central body designated by            (e) correspondent means the central body designated by
      each Member State and the            Commission,    in          each Member State and the Commission, in
      accordance with Article 25 ;                                    accordance with Article 25 ;
(f) notifier means any person to whom the duty to                 (f) notifier means any person to whom the duty to
      notify is assigned, or in other words the person                notify is assigned, or in other words the person
      referred to hereinafter, who proposes to ship waste             referred to hereinafter, who proposes to ship waste
      or have waste shipped :                                         or have waste shipped :
     — the person whose activities produced the waste                 — the person whose activities produced the waste
           (original producer), or                                        (original producer), or
     — where this is not possible, a collector licensed to            — where this is not possible, a collector licensed to
          this effect by a Member State, or                               this effect by a Member State, or
 ---pagebreak--- No C 115 / 10                               Official Journal of the European Communities                                 6 . 5 . 92
                         ORIGINAL PROPOSAL                                                    AMENDED PROPOSAL
    — where these persons are unknown or unable to                        — where these persons are unknown or unable to
         notify, the person having possession or control of                    notify, the person having possession or control of
         the waste (holder), or                                                the waste (holder), or
    — in the case of import into or transit through the                   — in the case of import into or transit through the
         Community of waste, the person designated by                          Community of waste, the person designated by
         the laws of the State of dispatch ;                                   the laws of the State of dispatch ;
(g) consignee means the person or undertaking to whom                 (g) consignee means the person or undertaking to whom
     or to which the waste is shipped for disposal or for                  or to which the waste is shipped for disposal or for
     further use ;                                                         further use ;
(h) disposal means any use of waste listed in Annex II.A;             (h) disposal means any use of waste listed in Annex II.A;
(i) authorized centre means any establishment or under­               (i) authorized centre means any establishment or under­
     taking authorized or licensed pursuant to Article 6 of                taking authorized, licensed pursuant to Article 6 of
     Council Directive 75/439/EEC (l), Article 8 of                        Council Directive 75/439/EEC (l); Articles 9, 10
     Council Directive 75 /442/EEC (J), Article 6 of                       and 11 of Council Directive 75/442/EEC (2)
     Council Directive 78 /403/EEC (J), or Article 9 of                    amended by Council Directive 91 / 156/EEC (3);
     Council Directive 78 / 319/EEC (4);                                   Article 6 of Council Directive 76/403 /EEC (*) or
                                                                           Article 9 of Council Directive 78 /319/EEC (s);
(j) Jurther use means any use of waste listed in Annex                (j) jurther use means any use of waste listed in Annex
     II.B ;                                                                II.B ;
(k) State of dispatch means any State from which a                    (k) State of dispatch means any State from which a
     shipment of waste is planned or made ;                                shipment of waste is planned or made ;
(1) State of destination means any State to which a                   (1) State of destination means any State to which a
     shipment of waste is planned or made for disposal,                   shipment of waste is planned or made for disposal,
     for further use, or for loading on board before                      for further use, or for loading on board before
     disposal at sea ;                                                     disposal at sea ;
(m) State oftransit means any State, other than the States            (m) State oftransit means any State, other than the States
     of dispatch or of destination, through which a                        of dispatch or of destination, through which a
     shipment of waste is planned or made ;                                shipment of waste is planned or made ;
(n) the Basel Convention means the Basel Convention of                n) the Basel Convention means the Basel Convention of
     22 March 1989 on the control of transboundary                         22 March 1989 on the control of transboundary
     movements of hazardous wastes and their disposal ;                    movements of hazardous wastes and their disposal ;
(') OJ  No  L  194, 25. 7. 1975, p. 23.                               (') OJ  No  L  194, 25 . 7. 1975, p. 23 .
O   OJ  No  L  194, 25. 7. 1975, p. 39.                               O   OJ  No  L  194, 25. 7. 1975, p. 39.
O   OJ  No  L  108 , 26 . 4. 1976, p. 41 .                            (J) OJ  No  L 78 , 26. 3 . 1991 , p. 32.
(') OJ  No  L 84 , 31 . 3 . 1978 , p . 43 .                           (4) OJ  No  L  108 , 26. 4. 1976, p. 41 .
                                                                      (') OJ  No  L 84, 31 . 3 . 1978 , p . 43 .
 ---pagebreak--- 6 . 5 . 92                                Official Journal of the European Communities                           NoC 115 / 11
                        ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
(o) the Fourth Lome Convention means the Lom6                       (o) the Fourth Lome Convention means the Lome
       Convention of 15 December 1989 .                                   Convention of 15 December 1989.
                                                                    (oa) hazardous waste means all waste covered by Council
                                                                           Directive 91 /689 /EEC on toxic and hazardous
                                                                           waste ;
                                                                    (ob) environmentally sound disposal or re-use means
                                                                           disposal or re-use that at least complies with
                                                                           current Community standards on waste.
2.      The following shall be excluded from the scope of           2.     The following shall be excluded from the scope of
this Regulation :                                                   this Regulation :
(a) the gathering of waste from households and from                 (a) the gathering of waste from households and from
       retail trade establishments :                                     retail trade establishments ;
(b) the offloading to shore of waste generated by the               (b) the offloading to shore of waste generated by the
       normal operation of ships, including waste water and              normal operation of ships, including waste water and
       residues, provided that such waste is the subject of a            residues, provided that such waste is the subject of a
       specific international instrument;                                specific international instrument;
(c) substances mentioned in Article 2 ( 1) of Directive             (c) substances mentioned in Article 2 ( 1 ) of Directive
       75 /442 /EEC ;                                                    75/442/EEC ;
(d) waste intended for further use and featuring on a list          (d) waste intended for further use and featuring on a list
       to be drawn up in accordance with Article 31 ,                    to be drawn up in accordance with Article 31 . This
       provided that is not covered by Annex III or, if it is            list may not include the waste covered by Directive
       covered by Annex III, does not possess any of the                 91 /689/EEC, nor household waste and residues
       characteristics referred to in Annex V, and that it is            from the incineration of household waste.
       not covered by Annex IV.
                             TITLE II                                                          TITLE II
          Movement of waste within the Community                             Movement of waste within the Community
                             Article 3                                                         Article 3
1.       Where the notifier intends to ship waste intended          1 . Where the notifier intends to ship waste intended
for disposal or to have it shipped from the jurisdiction of         for disposal or to have it shipped from the jurisdiction of
one competent authority into that of another or to have             one competent authority into that of another or to have
it routed through the jurisdiction of one or several auth­          it routed through the jurisdiction of one or several auth­
orities, and without prejudice to Articles 13 and 14 (2),           orities, and without prejudice to Articles 13 and 14 (2),
he shall notify the competent authority of destination              he shall notify the competent authority of destination
and send a copy of the notification to the competent                and send a copy of the notification to the competent
authorities of dispatch and of transit.                             authorities of dispatch and of transit.
 ---pagebreak--- NoC 115 / 12                          Official Journal of the European Communities                                 6 . 5 < 92
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
2.    Notification shall mandatorily cover any inter­           2. Notification shall mandatorily cover any inter­
mediary stage of the shipment from the place of dispatch        mediary stage of the shipment from the place of dispatch
until its final destination .                                   until its final destination .
3.    Notification shall be effected by means of a              3. Notification shall be effected by means of a
standard consignment note, (hereinafter referred to as          standard consignment note, (hereinafter referred to as
the 'consignment note'), to be drawn up in accordance           the 'consignment note'), to be drawn up in accordance
with Article 31 .                                               with Article 31 .
The consignment note shall be issued by the competent           The consignment note shall be issued by the competent
authority of dispatch. It shall be printed in an official       authority of dispatch. It shall be printed in an official
language of the Community selected by the competent             language of the Community selected by the competent
authority of dispatch, and completed in an official             authority of dispatch, and completed in an official
language of the Community which is acceptable to the            language of the Community which is acceptable to the
competent authority of destination. Any further infor­          competent authority of destination. Any further infor­
mation, including a translation, shall be supplied by the       mation, including a translation, shall be supplied by the
notifier at the request of the competent authorities            notifier at the request of the competent authorities
concerned .                                                     concerned.
4. In making notification, the notifier shall supply the         4. In making notification, the notifier shall supply the
information requested on the consignment note, with             information requested on the consignment note, with
particular regard to :                                          particular regard to :
— the source and composition of the waste, including            — the source and composition of the waste, including
    the producer's identity, and in the case of waste from          the producer's identity, and in the case of waste from
    various sources, a detailed inventory of the waste,             various sources, a detailed inventory of the waste,
    and the identity of the original producers where                and the identity of the original producers ; where this
    known,                                                          is not possible, the reasons must be stated,
    the arrangements for routing and for insurance              — the arrangements for routing and for insurance
    against damage to third parties,                                against damage to third parties,
    the measures to be taken to ensure safe transport               the measures to be taken to ensure safe transport
    and, in particular, compliance by the carrier with the          and, in particular, compliance by the carrier with the
    conditions laid down for transport by the Member                conditions laid down for transport by the Member
    States concerned,                                               States concerned,
— the identity of the consignee of the waste, who                — the identity of the consignee of the waste, who
    should possess an authorized centre with adequate               should possess an authorized centre with adequate
    technical capacity for the disposal of the waste in             technical capacity for the disposal of the waste in
    question under conditions presenting no danger to               question under conditions presenting no danger to
    human health or the environment,                                human health or the environment,
 ---pagebreak--- 6 . 5 . 92                              Official Journal of the European Communities                             NoC 115 / 13
                      ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
— the existence of a contractual agreement with the               — the existence of a contractual agreement with the
     consignee on the disposal of the waste. Should the                consignee on the disposal of the waste. Should the
     waste be shipped between two establishments under                 waste be shipped between two establishments under
     the control of the same legal entity this agreement               the control of the same legal entity this agreement
      shall be replaced by a declaration by the entity in              shall be replaced by a declaration by the entity in
     question undertaking to dispose of the waste.                     question undertaking to dispose of or further use the
                                                                       waste .
                            Article 4                                                         Article 4
 1 . On receipt of the notification the competent                  1 . On receipt of the notification the competent
authority of destination shall send an acknowledgement            authority of destination shall send an acknowledgement
to the notifier. It shall have 30 days following dispatch of      to the notifier. It shall have 30 days following dispatch of
the acknowledgement to consent to the shipment with or            the acknowledgement to consent to the shipment with or
without reservations, to refuse permission for the                without reservations, to refuse permission for the
shipment or to request additional information. Such               shipment or to request additional information. Such
refusal or reservations shall be based on objections made         refusal or reservations shall be based on objections made
in accordance with paragraphs 2, 3 and 4. The                     in accordance with paragraphs 2, 3 and 4. The
competent authority of destination shall send a copy of           competent authority of destination shall send a copy of
the acknowledgement, and of its reply, to the other               the acknowledgement, and of its reply, to the other
competent authorities concerned and to the consignee.             competent authorities concerned and to the consignee.
2 . The objections referred to in paragraph 1 must be             2. The objections referred to in paragraph 1 must be
substantiated on the basis of laws and regulations                substantiated on the basis of laws and regulations
relating to environmental protection, public order, public        relating to environmental protection, public order, public
safety or health protection which are in accordance with          safety or health protection which are in accordance with
Community law or with international conventions on this           Community law or with international conventions on this
subject concluded by the Member State concerned in                subject concluded by the Member State concerned in
accordance with Community law.                                    accordance with Community law.
3. The competent authority of dispatch may, within                3. The competent authority of dispatch may, within
20 days of receipt of the copy of the acknowledgement,            20 days of receipt of the copy of the acknowledgement,
raise objections to the planned shipment if there is an           raise objections to the planned shipment of waste to a
authorized centre significantly nearer than the one               centre proposed by the notifier if there is another auth­
chosen by the notifier and which uses suitable techno­            orized centre :
logies to ensure a high level of protection of the
environment and human health .
                                                                  (a) significantly nearer to the place of dispatch ;
                                                                  (b) that uses suitable technologies to ensure a high level
                                                                       of protection of the environment and human health ;
                                                                  (c) has the capacity to accept the waste for disposal and
                                                                       is prepared to do so.
 ---pagebreak--- NoC 115 / 14                          Official Journal of the European Communities                                 6. 5. 92
                      ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
The competent authority shall take account in its               The competent authority shall take account in its
evaluation of all relevant circumstances, such as the           evaluation of all relevant circumstances, such as the
geographical situation, the nature of the waste, the            geographical situation, the nature of the waste, the
economic aspects of the operation (in order to prevent          economic aspects of the operation (in order to prevent
distortion of competition), the capacity and the availa­        distortion of competition), the capacity and the availa­
bility of the planned centre or the implementation of           bility of the planned centre or the implementation of
programmes or plans drawn up pursuant to Article 5 of           programmes or plans drawn up pursuant to Article 5 of
Directive 75 /439/EEC, Article 6 of Directive                   Directive 75/439/EEC, Article 6 of Directive
75/442/EEC, Article 6 of Directive 76/403/EEC or                75/442/EEC, Article 6 of Directive 76/403/EEC or
Article 12 of Directive 78 /319/EEC. It shall give reasons      Article 12 of Directive 78 /319/EEC. It shall give reasons
for its decision. Where necessary it shall be for the           for its decision. Where necessary it shall be for the
notifier to prove that disposal cannot be effected nearby       notifier to prove that disposal cannot be effected nearby
in the manner and under the conditions described above.         in the manner and under the conditions described above.
The objections may also be substantiated by the fact that       The objections may also be substantiated by the fact that
the notifier or the consignee has previously been guilty        the notifier or the consignee has previously been guilty
of illegal trafficking.                                         of illegal trafficking.
These objections shall be conveyed to the notifier with         These objections shall be conveyed to the notifier with
copies sent to the competent authorities concerned and          copies sent to the competent authorities concerned and
to the consignee.                                               to the consignee.
The competent authority of destination may, in                  The competent authority of destination may, in
accordance with the same procedure, exercise the right          accordance with the same procedure, exercise the right
to raise such objections.                                       to raise such objections.
4. Within 20 days of receipt of the copy of the                 4. Within 20 days of receipt of the copy of the
acknowledgement the competent authority of dispatch             acknowledgement the competent authority of dispatch
may raise objections on the grounds that the shipment of        may raise objections on the grounds that the shipment of
waste conflicts with obligations resulting from interna­        waste conflicts with obligations resulting from interna­
tional agreements on this subject concluded by the              tional agreements on this subject concluded by the
Member State of dispatch in accordance with                     Member State of dispatch in accordance with
Community law. Such objections shall be conveyed to             Community law. Such objections shall be conveyed to
the notifier of the waste with copies sent to the               the notifier of the waste with copies sent to the
competent authorities concerned and to the consignee.           competent authorities concerned and to the consignee.
5. Without prejudice to the provisions of paragraphs            5. Without prejudice to the provisions of paragraphs
1 , 2, 3 and 4, die competent authorities of dispatch,          1 , 2, 3 and 4, the competent authorities of dispatch,
destination and, where appropriate, of transit shall have       destination and, where appropriate, of transit shall have
20 days following the notification in which to lay down,        20 days following the notification in which to lay down,
if appropriate, conditions in respect of the transport of       if appropriate, conditions in respect of the transport of
waste within their jurisdiction. These conditions, which        waste within their jurisdiction. These conditions, which
must be notified to the notifier, with copies sent to the       must be notified to the notifier, with copies sent to the
competent authorities concerned, may not be more                competent authorities concerned, may not be more
stringent than those laid down in respect of similar            stringent than those laid down in respect of similar
shipments occurring wholly within their jurisdiction and        shipments occurring wholly within their jurisdiction and
shall take due account of existing agreements.                  shall take due account of existing agreements .
 ---pagebreak--- 6 . 5 . 92                            Official Journal of the European Communities                            No C 115 / 15
                     ORIGINAL PROPOSAL                                              AMENDED PROPOSAL
6.      Once the competent authorities of destination and,      6. Once the competent authorities of destination and,
where applicable, the competent authorities of dispatch         where applicable, the competent authorities of dispatch
are satisfied that the problems giving rise to their            are satisfied that the problems giving rise to their
objections have been solved, they shall immediately             objections have been solved, they shall immediately
inform the notifier in writing, with copies sent to the         inform the notifier in writing, with copies sent to the
consignee     and   the    other    competent     authorities   consignee and the other competent authorities
concerned. If there is then an essential change in the          concerned. If there is then an essential change in the
conditions of the shipment, a new notification shall be         conditions of the shipment, a new notification shall be
made .                                                          made.
7.      The shipment may be effected only after the             7. The shipment may be effected only after the
notifier has received authorization from the competent          notifier has received authorization from the competent
authority of destination. The latter shall give the authori­    authority of destination. The latter shall give the authori­
zation only in the absence of objections raised by himself      zation only in the absence of objections raised by himself
or by the competent authority of dispatch, or subject to        or by the competent authority of dispatch, or subject to
reservations further to these objections .                      reservations further to these objections .
The competent authority of destination shall signal his         The competent authority of destination shall signal his
assent by affixing his seal to the consignment note. Any        assent by affixing his seal to the consignment note. Any
reasons for refusal shall be sent to the notifier, to the       reasons for refusal shall be sent to the notifier, to the
consignee, and to the other competent authorities.              consignee, and to the other competent authorities .
                          Article 5                                                      Article 5
1 . With due regard for the obligations imposed on               1 . With due regard for the obligations imposed on
him by Article 3 the notifier may use a general notifi­         him by Article 3 the notifier may use a general notifi­
cation procedure where waste having essentially the same        cation procedure where waste having essentially the same
physical and chemical characteristics is shipped regularly      physical and chemical characteristics is shipped regularly
to the same destination via the areas of jurisdiction of        to the same destination via the areas of jurisdiction of
the same competent authorities.                                 the same competent authorities.
2. The competent authorities concerned may make                 2. The competent authorities concerned may make
their agreement to the use of this general notification         their agreement to the use of this general notification
procedure subject to the subsequent supply of additional        procedure subject to the subsequent supply of additional
information. If the notifier does not compose the waste         information. If the notifier does not compose the waste
as notified or meet the conditions imposed on its               as notified or meet the conditions imposed on its
shipment, the competent authorities concerned may               shipment, the competent authorities concerned may
withdraw their consent to this procedure.                       withdraw their consent to this procedure.
3. Under a general notification procedure, a single             3. Under a general notification procedure, a single
notification within the meaning of Article 3 ( 1 ) may          notification within the meaning of Article 3 ( 1) may
cover several shipments of waste over a maximum period          cover several shipments of waste over a maximum period
of one year. The indicated period may be shortened ex           of one year. The indicated period may be shortened ex
officio by the competent authorities concerned .                officio by the competent authorities concerned.
 ---pagebreak---  NoC 115 / 16                           Official Journal of the European Communities                                   6 . 5 . 92
                      ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
 4.    General notification shall be made by means of the          4.    General notification shall be made by means of the
 consignment note.                                                 consignment note.
                           Article 6                                                         Article 6
 1.    If the notifier has received the authorization, he          1.    If the notifier has received the authorization, he
 shall complete the consignment note and send copies to            shall complete the consignment note and send copies to
 the competent authorities concerned three working days            the competent authorities concerned three working days
before the shipment is made.                                       before the shipment is made.
2. A specimen of the consignment note, together with               2. A specimen of the consignment note, together with
the authorization, shall accompany each shipment.                 the authorization, shall accompany each shipment.
 3 . All undertakings involved in the operation shall              3. Ail undertakings involved in the operation shall
complete the consignment note at the points indicated,            complete the consignment note at the points indicated,
sign it and retain a copy thereof.                                sign it and retain a copy thereof.
4. Within 15 days following receipt of the waste the              4. Within 10 days following receipt of the waste the
consignee shall send a copy of the duly completed                 consignee shall send a copy of the duly completed
consignment note to the notifier and to the competent             consignment note to the notifier and to the competent
authorities concerned.                                            authorities concerned .
                           Article 7                                                         Article 7
1.     Waste intended for further use shall be subject to         1.     Waste intended for further use shall be subject to
the provisions of Articles 3, 4 and 6 unless the following        the provisions of Articles 3, 4 and 6 unless the following
conditions are fulfilled :                                        conditions are fulfilled :
(a) the notifier makes a declaration on a standard                (a) the notifier makes a declaration on a standard
     document which shall be drawn up in accordance                    document which shall be drawn up in accordance
     with Article 31 and must accompany the shipment, to               with Article 31 and must accompany the shipment, to
     the effect that these substances are intended for the             the effect that these substances are intended for the
     operations in question, and forwards a copy of this               operations in question, and forwards a copy of this
     document to the competent authorities concerned.                  document to the competent authorities concerned.
     The competent authority of destination shall send an              The competent authority of destination shall send an
     acknowledgement to the notifier within three                      acknowledgement to the notifier within three
     working days of the notification ;                                working days of the notification ;
(b) the document also states :                                    (b) the document also states :
     — the origin and composition of the waste,                        — the origin and composition of the waste,
         including the identity of the producer, and, in the               including the identity of the producer, and, in the
         case of waste from various sources, a detailed                    case of waste from various sources, a detailed
         inventory of the waste and, if known, the identity                inventory of the waste and, if known, the identity
         of the original producers,                                        of the original producers,
 ---pagebreak--- 6 . 5 . 92                              Official Journal of the European Communities                            No C 115 / 17
                        ORIGINAL PROPOSAL                                               AMENDED PROPOSAL
       — the identity of the consignee, who must possess               — the identity of the consignee, who must possess
           an appropriate authorized centre,                               an appropriate authorized centre,
      — the existence of a contractual agreement with the              — the existence of a contractual agreement with the
           final consignee.                                                final consignee. Should the waste be shipped
                                                                           between two establishments under the control of
           Should the waste be shipped between two estab­                  the same legal entity the aforesaid agreement
           lishments under the control of the same legal                   shall be replaced by a declaration by the entity in
           entity the aforesaid agreement sl$all be replaced               question undertaking to make further use of the
           by a declaration by the entity in question under­               waste ,
           taking to make further use of the waste;
                                                                       — the planned method of disposal for the residual
                                                                           waste after recycling has taken place,
                                                                       — the amount of recycled material in relation to the
                                                                           residual waste ;
(c) the producer may carry out the shipment or have it            (c) the producer may carry out the shipment or have it
       carried out only in the absence of reasoned                     carried out only in the absence of reasoned
       objections, as mentioned in Article 4 (2), from the             objections, as mentioned in Article 4 (2), from the
       competent authority of destination within 15 days               competent authority of destination within 15 days
      following the date of sending the acknowledgement;               following the date of sending the acknowledgement ;
(d) the consignee declares in the same document, which            (d) the consignee declares in the same document, which
      he shall forward to the competent authority of desti­            he shall forward to the competent authority of desti­
      nation within 15 days of completion of the oper­                nation within 15 days of completion of the oper­
      ations, that these operations have actually been                ations, that these operations have actually been
      carried out. If the operations have not been carried            carried out. If the operations have not been carried
      out within 30 days of receipt of the waste, the                 out within 30 days of receipt of the waste, the
      consignee also declares without delay on a copy of              consignee also declares without delay on a copy of
      the document, which he shall send to the competent              the document, which he shall send to the competent
      authority of destination, the period within which               authority of destination, the period within which
      these operations will actually be carried out.                  these operations will actually be carried out.
2 . The competent authority of destination may decide             2. The competent authority of destination may decide
that it will not raise objections regarding shipments to a        that it will not raise objections regarding shipments to a
specific consignee. It may limit its decision to a certain        specific consignee. It may limit its decision to a certain
period.                                                           period .
                            Article 8                                                       Article 8
This Title shall also be applicable to the shipment of            This Title shall also be applicable to the shipment of
waste taking place between the jurisdictions of                   waste taking place between the jurisdictions of
competent authorities of the Community with transit via           competent authorities of the Community with transit via
one or more third States, the competent authority of              one or more third States, the competent authority of
which shall receive a copy of the notification from the           which shall receive a copy of the notification from the
notifier and shall exercise all rights conferred on it by         notifier and shall exercise all rights conferred on it by
Article 12 .                                                      Article 12 .
 ---pagebreak--- NoC 115 / 18                        Official Journal of the European Communities                                    6. 5 . 92
                   ORIGINAL PROPOSAL                                                AMENDED PROPOSAL
                        TITLE III                                                       TITLE III
         Export of waste out of the Community                            Export of waste out of the Community
                        Article 9                                                        Article 9
1 . All exports of waste covered by Annex III (unless          1 . All shipments of waste out of the Community
they do not possess any of the characteristics contained      intended for disposal shall be prohibited, except to EFTA
in Annex V), as well as waste covered by Annex IV shall       countries who are parties to the Basel Convention.
be prohibited :
                                                               la. All shipments out of the Community of wastes
(a) to a State not party to the Basel Convention ;            intended for recovery shall be prohibited except those
                                                              directed :
(b) to the area south of latitude 60° south.                  — to OECD countries which are parties to the Basel
                                                                   Convention,
                                                              — to third countries which are parties to the Basel
                                                                   Convention and with which a bilateral agreement
                                                                   with the European Community has been concluded.
                                                                  The requirement for such an agreement will not
                                                                   become obligatory until two years after the date of
                                                                   entry into force of this Regulation. The agreement
                                                                   has to guarantee an environmentally sound
                                                                   management, especially :
                                                                  — to guarantee that the recovery operation is
                                                                       carried out in an authorized centre and complies
                                                                      with the requirement for environmentally sound
                                                                       management established by this Regulation,
                                                                  — to fix the conditions for the treatment of the
                                                                       non-recoverable components of the waste and, if
                                                                       appropriate, oblige the notifier to take them back,
                                                                  — to enable, as the case may be, the competent
                                                                       authorities of the European Community to
                                                                       examine the compliance of the agreement on the
                                                                       spot in agreement with the country concerned.
                                                              The exportation of waste for recovery under the terms of
                                                              such bilateral agreements shall be subject to review by
                                                              the Commission not later than 31 December 1999 taking
                                                              into account the experience achieved and the ability of
                                                              the countries concerned to carry out recovery activities
                                                              in a manner which provides full guarantees of environ­
                                                              mentally sound management. The Commission shall
                                                              inform the European Parliament and the Council about
                                                              the results of this review, and, may as the case may be,
                                                              accompany them with the appropriate proposals in view
                                                              of the modification of the present Regulation.
 ---pagebreak--- 6 . 5 . 92                                Official Journal of the European Communities                             No C 115 / 19
                        ORIGINAL PROPOSAL                                                 AMENDED PROPOSAL
2. All exports to ACP States of waste covered by                    2. All exports to ACP States of waste covered by
Annexes III and IV shall be prohibited; this prohibition            Annexes III and IV shall be prohibited ; this prohibition
does not preclude Member States, to which an ACP                    does not preclude Member States, to which an ACP
State has decided to export waste for treatment, from               State has decided to export waste for treatment, from
re-exporting the treated waste to that ACP State.                   re-exporting the treated waste to that ACP State.
 3 . Without prejudice to Articles 13 and 14 (2) all                3 . Without prejudice to Articles 13 and 14 (2) all
exports of waste shall be prohibited :                              exports of waste shall be prohibited :
(a) to a State which prohibits all imports of such wastes           (a) to a State which prohibits all imports of such wastes
       or which has not given its written consent to the                 or which has not given its written consent to the
       specific import of this waste;                                    specific import of this waste;
(b) if the competent authority of dispatch has reason to            (b) if the competent authority of dispatch has reason to
       believe that the waste will not be managed in                     believe that the waste will not be managed in
       accordance with environmentally sound methods in                  accordance with environmentally sound methods in
       the State of destination ;                                        the State of destination ;
(c) if they have not been authorized in accordance with             (c) if they have not been authorized in accordance with
      Article 10 (2) or (3).                                             Article 10 (2) or (3).
4. In addition, the competent authority of dispatch                 4. In addition, the competent authority of dispatch
may authorize the export of waste only if:                          may authorize the export of waste only if :
(a) the technical capacity and the necessary facilities or          (a) the technical capacity and the necessary facilities or
       desired sites for disposing of the waste in question by           desired sites for disposing of the waste in question by
       efficient and environmentally sound methods are not               efficient and environmentally sound methods are not
       available within the Community; or                                available within the Community; or
(b) the State of destination has stated that the waste in           (b) the State of destination has stated that the waste in
       question is needed as a raw material for recycling or             question is needed as a raw material for recycling or
       recovery industries.                                              recovery industries.
5. The competent authority of dispatch shall require                5. The competent authority of dispatch shall require
that the waste for export be managed in an environ­                 that the waste for export be managed in an environ­
mentally sound manner throughout the period of                      mentally sound manner throughout the period of
shipment and in the State of destination.                           shipment and in the State of destination.
                            Article 10                                                        Article 10
 1.     Where waste is exported from the Community for              1 . Where waste is exported from the Community for
disposal or for further use in a third State, the notifier          disposal or for further use in a third State, the notifier
shall send the notification to the competent authority of           shall send the notification to the competent authority of
dispatch by means of the standard consignment note                  dispatch by means of the standard consignment note
referred to in Article 3 (3), with copies sent to the               referred to in Article 3 (3), with copies sent to the
consignee of the waste and the other competent auth­                consignee of the waste and the other competent auth­
orities concerned .                                                 orities concerned .
The notifier shall ensure that the notification enables the         The notifier shall ensure that the notification enables the
third States concerned to evaluate the consequences for             third States concerned to evaluate the consequences for
human health and the environment of the proposed                    human health and the environment of the proposed
shipments.                                                          shipments.
 ---pagebreak---  NoC 115 / 20                         Official Journal of the European Communities                                  6 . 5 . 92
                        ORIGINAL TEXT                                                  AMENDED TEXT
 The competent authority of dispatch shall at once send          The competent authority of dispatch shall at once send
 the notifier a written acknowledgment of the notifi­            the notifier a written acknowledgment of the notifi­
 cation.                                                         cation .
 2. The competent authority of dispatch shall authorize          2 . The competent authority of dispatch shall authorize
 the shipment only if it has received written confirmation       the shipment only if it has received written confirmation
 from the notifier that the latter has received :                from the notifier that the latter has received :
 (a) the written consent of the State of destination to the      (a) the written consent of the State of destination to the
      planned shipment;                                              planned shipment ;
 (b) confirmation from the State of destination of the           (b) confirmation from the State of destination of the
      existence of a contract between the notifier and the           existence of a contract between the notifier and the
      consignee specifying environmentally           sound           consignee     specifying environmentally        sound
      management of the waste in question ;                          management of the waste in question ;
 (c) written consent to the planned shipment from the            (c) written consent to the planned shipment from the
      State(s) of transit, that are Parties to the Basel             State(s) of transit, that are Parties to the Basel
      Convention, provided that such State(s) has (have)             Convention, provided that such State(s) has (have)
      not waived this in accordance with the terms of that           not waived this in accordance with the terms of that
      Convention .                                                   Convention .
 The competent authority of dispatch shall take its             The competent authority of dispatch shall take its
 decision no later than three months after receipt of the       decision no later than three months after receipt of the
 notification and shall send it to the notifier. He shall       notification and shall send it to the notifier. He shall
 send a certified copy of the decision to the other             send a certified copy of the decision to the other
 competent authorities concerned and to the customs             competent authorities concerned and to the customs
 office of departure from the Community.                        office of departure from the Community.
 3.    Notwithstanding paragraph 2, where the waste is          3 . Notwithstanding paragraph 2 , where the waste is
 disposed of in a third State bordering on the last             disposed of in a third State bordering on the last
 Member State of transit, the latter shall be entitled to       Member State of transit, the latter shall be entitled to
 assign to its competent authority of transit the right to      assign to its competent authority of transit the right to
 issue the authorization or to raise objections provided        issue the authorization or to raise objections provided
 for in that paragraph. A Member State intending to             for in that paragraph. A Member State intending to
exercise the right conferred upon it by this paragraph          exercise the right conferred upon it by this paragraph
shall so inform the Commission and the other Member             shall so inform the Commission and the other Member
 States. It may exercise this right only three months at        States. It may exercise this right only three months at
 least after so doing.                                          least after so doing.
4. Without prejudice to paragraph 1 , the competent             4. Without prejudice to paragraph 1 , the competent
authority of dispatch and, if applicable, the competent         authority of dispatch and, if applicable, the competent
authorities of transit in the Community shall have 20           authorities of transit in the Community shall have 20
days following notification in which to lay down, if            days following notification in which to lay down, if
appropriate, conditions in respect of the shipment of           appropriate, conditions in respect of the shipment of
waste in their area of jurisdiction . These conditions,         waste in their area of jurisdiction. These conditions,
which shall be forwarded to the notifier, with a copy           which shall be forwarded to the notifier, with a copy
sent to the other competent authorities concerned, may          sent to the other competent authorities concerned, may
not be more stringent than those laid down in respect of        not be more stringent than those laid down in respect of
similar shipments effected wholly within the area of            similar shipments effected wholly within the area of
jurisdiction of the competent authority in question.            jurisdiction of the competent authority in question.
 ---pagebreak--- 6 . 5. 92                                 Official Journal of the European Communities                           NoC 115/21
                          ORIGINAL TEXT                                                    AMENDED TEXT
5. Not later than 20 days after receipt of the notifi­              5. Not later than 20 days after receipt of the notifi­
cation, the competent authority of dispatch may raise               cation, the competent authority of dispatch may raise
objections on the grounds that the shipment of waste                objections on the grounds that the shipment of waste
conflicts with obligations resulting from international             conflicts with obligations resulting from international
agreements on this subject concluded by the Member                  agreements on this subject concluded by the Member
State concerned, with due regard for Community law.                 State concerned, with due regard for Community law.
Such objections shall be forwarded to the notifier with a           Such objections shall be forwarded to the notifier with a
copy sent to the other competent authorities concerned.             copy sent to the other competent authorities concerned.
6. The consignment note shall be issued by the                      6. The consignment note shall be issued by the
competent authority of dispatch. It shall be printed and            competent authority of dispatch. It shall be printed and
completed in an official language of the Community                  completed in an official language of the Community
selected by the competent authorities of dispatch. Any              selected by the competent authorities of dispatch. Any
additional information, including a translation, shall be           additional information, including a translation, shall be
supplied by the notifier at the request of the State of             supplied by the notifier at the request of the State of
destination in its own language or in a language                    destination in its own language or in a language
acceptable to it.                                                   acceptable to it.
7.     Article 6 ( 1 ), (2) and (3) shall apply by analogy. A       7. Article 6 ( 1 ), (2) and (3) shall apply by analogy. A
specimen of the consignment note shall be delivered by              specimen of the consignment note shall be delivered by
the carrier to the last customs office of departure when            the carrier to the last customs office of departure when
the waste leaves the Community.                                     the waste leaves the Community.
8 . As soon as the waste has left the Community, the                 8. As soon as the waste has left the Community, the
customs office of departure shall send a copy of the                customs office of departure shall send a copy of the
consignment note to the competent authority that issued             consignment note to the competent authority that issued
the authorization .                                                 the authorization .
9.      If, six weeks after the waste has left the                  9.    If, six weeks after the waste has left the
Community, the competent authority that conveyed the                Community, the competent authority that conveyed the
authorization has received no information from the                  authorization has received no information from the
consignee about his receipt of the waste, it shall inform           consignee about his receipt of the waste, it shall inform
without delay the competent authority of destination. It            without delay the competent authority of destination. It
shall take action in a similar way if, 90 days after the            shall take action in a similar way if, 90 days after the
waste left the Community, it has received no information            waste left the Community, it has received no information
from the consignee about the completion of the oper­                from the consignee about the completion of the oper­
ations of disposal or further use as required by the auth­          ations of disposal or further use as required by the auth­
orization .                                                         orization .
                             TITLE IV                                                        TITLE IV
            Import of waste into the Community                                  Import of waste into the Community
                             Article 11                                                      Article 11
1 . All imports of waste covered by Annex III (unless                1.   All imports of waste covered by Annex III (unless
they do not possess any of the characteristics contained            they do not possess any of the characteristics contained
in Annex V), and waste covered by Annex IV, from a                  in Annex V), and waste covered by Annex IV, from a
State that is not party to the Basel Convention shall be            State that is not party to the Basel Convention shall be
prohibited.                                                         prohibited.
2. Without prejudice to Articles 13 and 14 (2), all                 2. Without prejudice to Articles 13 and 14 (2), all
imports of waste shall be prohibited if they have not been          imports of waste shall be prohibited if they have not been
authorized according to paragraph 5.                     v          authorized according to paragraph 5.
 ---pagebreak--- NoC 115 /22                           Official Journal of the European Communities                                   6 . 5 . 92
                        ORIGINAL TEXT                                                   AMENDED TEXT
3.    The competent authority of destination shall              3 . The competent authority of destination shall
prohibit the bringing of waste into its area of jurisdiction    prohibit the bringing of waste into its area of jurisdiction
if it has reason to believe that the waste will not be          if it has reason to believe that the waste will not be
managed in an environmentally sound manner.                     managed in an environmentally sound manner.
4.    Notification shall be made to the competent               4. Notification shall be made to the competent
authority of destination by means of the standard               authority of destination by means of the standard
consignment note referred to in Article 3 (3) with a copy       consignment note referred to in Article 3 (3) with a copy
sent to the consignee of the waste and to the competent         sent to the consignee of the waste and to the competent
authorities of transit. The consignment note shall be           authorities of transit. The consignment note shall be
issued by the competent authority of destination and            issued by the competent authority of destination and
printed and completed in an official Community                  printed and completed in an official Community
language indicated by the competent authority of desti­         language indicated by the competent authority of desti­
nation .                                                        nation.
5 . The competent authority of destination shall at             5. The competent authority of destination shall at
once send the notifier a written acknowledgement of the         once send the notifier a written acknowledgement of the
notification. It shall, within three months, authorize the      notification. It shall, within three months, authorize the
shipment with or without reservations, refuse permission        shipment with or without reservations, refuse permission
for the shipment, or request additional information. Any        for the shipment, or request additional information. Any
refusal or reservations shall be justified. It shall send a     refusal or reservations shall be justified. It shall send a
certified copy of the final answer to the competent auth­       certified copy of the final answer to the competent auth­
orities concerned, to the customs office of entry into the      orities concerned, to the customs office of entry into the
Community and to the consignee.                                 Community and to the consignee.
6.    The competent authority of destination and, if            6. The competent authority of destination and, if
applicable, the competent authority or authorities of           applicable, the competent authority or authorities of
transit in the Community shall have 20 days following           transit in the Community shall have 20 days following
notification to lay down, if appropriate, conditions in         notification to lay down, if appropriate, conditions in
respect of the transport of the waste. These conditions,        respect of the transport of the waste. These conditions,
which must be conveyed to the notifier, with copies sent        which must be conveyed to the notifier, with copies sent
to the competent authorities concerned, may not be              to the competent authorities concerned, may not be
more stringent than those laid down in respect of similar       more stringent than those laid down in respect of similar
shipments occurring wholly within the jurisdiction of the       shipments occurring wholly within the jurisdiction of the
competent authority in question.                                competent authority in question .
7.    The provisions of Article 6 ( 1 ), (2) and (3) shall      7. The provisions of Article 6 ( 1 ), (2) and (3) shall
apply mutatis mutandis.                                         apply mutatis mutandis.
8 . Within 15 days after receipt of the waste, the              8 . Within 10 days after receipt of the waste, the
consignee shall send a copy of the duly completed               consignee shall send a copy of the duly completed
consignment note to the notifier and to the competent           consignment note to the notifier and to the competent
authorities concerned .                                         authorities concerned.
9. Within 60 days after entry of the waste into the             9. Within 60 days after entry of the waste into the
Community, the consignee shall inform the notifier and          Community, the consignee shall inform the notifier and
the competent authorities concerned about the                   the competent authorities concerned about the
completion of the disposal or further-use operations in         completion of the disposal or further-use operations in
accordance with the terms of the authorization.                 accordance with the terms of the authorization.
 ---pagebreak--- 6 . 5 . 92                              Official Journal of the European Communities                             NoC 115 /23
                          ORIGINAL TEXT                                                    AMENDED TEXT
                             TITLE V                                                          TITLE V
Transit of waste through the Community for disposal or            Transit of waste through the Community for disposal or
              further use outside the Community                                further use outside the Community
                             Article 12                                                       Article 12
1 . The notification shall be sent by means of the                 1 . The notification shall be sent by means of the
standard consignment note referred to in Article 3 (3) to         standard consignment note referred to in Article 3 (3) to
the last competent authority of transit within the                 the last competent authority of transit within the
Community, with a copy sent to the consignee, to the               Community, with a copy sent to the consignee, to the
other competent authorities concerned, and to the                  other competent authorities concerned, and to the
customs offices of entry into and departure from the               customs offices of entry into and departure from the
Community.                                                         Community.
2. The last competent authority of transit within the              2. The last competent authority of transit within the
Community shall promptly inform the notifier of receipt            Community shall promptly inform the notifier of receipt
of the notification. The other competent authorities in            of the notification. The other competent authorities in
the Community shall convey their reactions to the last             the Community shall convey their reactions to the last
competent authority of transit in the Community, which             competent authority of transit in the Community, which
shall then respond in writing to the notifier within 60            shall then respond in writing to the notifier within 60
days, consenting to the shipment with or without reser­            days, consenting to the shipment with or without reser­
vations, withholding permission to proceed with the                vations, withholding permission to proceed with the
shipment or requesting additional information. Any                 shipment or requesting additional information. Any
refusal or reservations shall be justified . It shall send a       refusal or reservations shall be justified. It shall send a
certified copy of its response both to the other competent         certified copy of its response both to the other competent
authorities concerned and to the customs offices of entry          authorities concerned and to the customs offices of entry
into and departure from the Community.                             into and departure from the Community.
 3. Without prejudice to Article 13 and 14 (2), the                3. Without prejudice to Articles 13 and 14 (2), the
shipment shall be admitted into the Community only if              shipment shall be admitted into the Community only if
the notifier :                                                     the notifier :
— has received the written consent of the last competent           — has received the written consent of the last competent
       authority of transit, or                                         authority of transit, or
— has received no reply within 60 days following                   — has received no reply within 60 days following
       receipt of the acknowledgement of receipt.                      receipt of the acknowledgement of receipt.
 4. The competent authorities of transit within the                4. The competent authorities of transit within the
 Community shall have 20 days following notification to            Community shall have 20 days following notification to
 lay down, if appropriate, any conditions attached to the          lay down, if appropriate, any conditions attached to the
 transport of the waste. These conditions, which must be           transport of the waste. These conditions, which must be
 conveyed to the notifier, with copies sent to the                 conveyed to the notifier, with copies sent to the
 competent authorities concerned, may not be more                  competent authorities concerned, may not be more
 stringent than those laid down in respect of similar              stringent than those laid down in respect of similar
 shipments occuring wholly within the jurisdiction of the          shipments occuring wholly within the jurisdiction of the
 competent authority in question.                                  competent authority in question.
 5. The consignment note shall be issued by the last                5. The consignment note shall be issued by the last
 competent authority of transit within the Community. It           competent authority of transit within the Community. It
 shall be printed and drawn up in English or French.                shall be completed in the language desired by the
                                                                   competent authority.
 ---pagebreak---  No C 115 /24                           Official Journal of the European Communities                                  6 . 5 . 92
                         ORIGINAL TEXT                                                    AMENDED TEXT
 6. The provisions of Article 6 (1), (2) and (3) shall             6. The provisions of Article 6 ( 1 ), (2) and (3) shall
 apply mutatis mutandis. A specimen of the consignment             apply mutatis mutandis. A specimen of the consignment
 note shall be supplied by the carrier to the customs office       note shall be supplied by the carrier to the customs office
 of departure when the waste leaves the Community.                 of departure when the waste leaves the Community.
 7.    As soon as the waste has left the Community, the            7. As soon as the waste has left the Community, the
customs office of departure shall send a copy of the              customs office of departure shall send a copy of the
 consignment note to the last competent authority of              consignment note to the last competent authority of
transit within the Community. Furthermore, at the latest          transit within the Community. Furthermore, at the latest
 six weeks after the waste has left the Community, the            six weeks after the waste has left the Community, the
 notifier shall declare or certify to that competent              notifier shall declare or certify to that competent
 authority that it has arrived at its intended destination.       authority that it has arrived at its intended destination.
                           TITLE VI                                                         TITLE VI
       Provisions common to tides II, IIL IV and V                       Provisions common to Titles II, III, IV and V
                           Article 13                                                       Article 13
Where a shipment of waste to which the competent                  Where a shipment of waste to which the competent
authorities      concerned   have    consented    cannot  be      authorities     concerned   have    consented   cannot      be
completed in accordance with the terms of the contract,           completed in accordance with the terms of the contract,
the competent authority of dispatch shall ensure that the         the competent authority of dispatch shall ensure that the
notifier returns the waste to its area of jurisdiction,           notifier returns the waste to its original area of juris­
unless the waste can be disposed of in an alternative and         diction, unless the waste can be disposed of in an alter­
environmentally sound manner, within 90 days of the               native and environmentally sound manner, within 90
competent authority of dispatch being informed. Where             days of the competent authority of dispatch being
disposal entails the shipment of waste to the area of a           informed. Where disposal entails the shipment of waste
competent authority other than that of dispatch, a                to the area of a competent authority other than that of
further notification shall be made. No Member State of            dispatch, a further notification shall be made. No
dispatch or Member State of transit shall oppose the              Member State of dispatch or Member State of transit
return of this waste.                                             shall oppose the return of this waste.
                           Article 14                                                       Article 14
 1.    Any shipment of waste conducted :                          1.     Any shipment of waste conducted :
(a) without notification of all competent authorities             (a) without notification of all competent authorities
     concerned pursuant to the provisions of this Regu­                concerned pursuant to the provisions of this Regu­
     lation : or                                                       lation ; or
(b) without the consent of the competent authority                (b) without the consent of the competent authority
     concerned pursuant to the provisions of this Regu­               concerned pursuant to the provisions of this Regu­
     lation ; or                                                       lation ; or
(c) with consent obtained from the competent auth­                (c) with consent obtained from the competent auth­
     orities concerned through falsification, misrepresen­            orities concerned through falsification, misrepresen­
     tation or fraud ; or                                             tation or fraud ; or
(d) that is not substantially as specified in the                 (d) that does not conform to the description in the
     consignment note ; or                                            consignment note ; or
 ---pagebreak--- 6 . 5 . 92                                  Official Journal of the European Communities                                 NoC 115 /25
                            ORIGINAL TEXT                                                       AMENDED TEXT
(e) that results in deliberate disposal in contravention of           (e) that results in deliberate disposal in contravention of
       Community or international rules ; or                                Community or international rules ; or
(f) contrary to Article 9,                                             (f) contrary to Article 9,
shall be deemed to be illegal traffic.                                shall be deemed to be illegal traffic.
2. If this illegal traffic is the result of conduct on the            2. If this illegal traffic is the result of conduct on the
part of the notifier of the waste, the competent authority            part of the notifier of the waste, the competent authority
of dispatch shall ensure that the waste in question is :              of dispatch shall ensure that the waste in question is :
(a) taken back by the notifier or, if necessary, by itself             (a) taken back by the notifier or, if necessary, by itself
       into its area of jurisdiction ; or, if impracticable                 into its area of jurisdiction ; or, if impracticable
(b) otherwise disposed of in an environmentally sound                  (b) otherwise disposed of in an environmentally sound
       manner,                                                              manner,
within 30 days from the time when it was informed of                  within 30 days from the time when it was informed of
the illegal traffic or within such other period of time as             the illegal traffic or within such other period of time as
may be agreed by the competent authorities concerned.                  may be agreed by the competent authorities concerned.
To this end they shall not object to the return of the                To this end they shall not object to the return of the
waste to the area of jurisdiction of the competent                    waste to the area of jurisdiction of the competent
authority of dispatch.                                                 authority of dispatch.
3.       If this illegal traffic is the result of conduct on the       3. If this illegal traffic is the result of conduct on the
part of the consignee, the competent authority of desti­              part of the consignee, the competent authority of desti­
nation shall ensure that the waste in question is disposed             nation shall ensure that the waste in question is disposed
of in an environmentally sound manner by the consignee                 of in an environmentally sound manner by the consignee
or, if necessary, by itself within 30 days from the time it            or, if necessary, by itself within 30 days from the time it
was informed of the illegal traffic or within any such                was informed of the illegal traffic or within any such
other period of time as may be agreed by the competent                 other period of time as may be agreed by the competent
authorities concerned. To this end they shall cooperate,               authorities concerned. To this end they shall cooperate,
as necessary, in the disposal of the waste in an environ­              as necessary, in the disposal of the waste in an environ­
mentally sound manner.                                                 mentally sound manner.
4. Where responsability for the illegal traffic cannot                 4. Where responsability for the illegal traffic cannot
be imputed to the notifier, or to the consignee, the                   be imputed to the notifier, or to the consignee, the
competent authorities shall ensure, through cooperation,               competent authorities shall ensure, through cooperation,
that the waste in question is disposed of in an environ­               that the waste in question is disposed of in an environ­
mentally sound manner.                                                 mentally sound manner.
5. Member States shall prohibit and severely penalize                  5. Member States shall prohibit and severely penalize
illegal traffic.                                                       illegal traffic.
                               Article 15                                                         Article 15
 1 . All shipments of waste covered by Titles II (except                1.    All shipments of waste covered by* Titles II (except
Article 7), III, IV and V shall be subject to a provision of           Article 7), III, IV and V shall be subject to a provision of
security. This shall be lodged :                                       security. This shall be lodged :
— by the notifier with the administrative office                       — by the notifier with the administrative office
       designated by the competent authority of departure                   designated by the competent authority of departure
      where waste is being moved within the Community;                      where waste is being moved within the Community;
       the surety shall be released when the waste has                      the surety shall be released when the waste has
       reached its destination,                                             reached its destination,
 ---pagebreak--- NoC 115 /26                             Official Journal of the European Communities                                  6 . 5 . 92
                          ORIGINAL TEXT                                                     AMENDED TEXT
— by the notifier with the customs office of departure            — by the notifier with the customs office of departure
    where waste is being exported out of the                           where waste is being exported out of the
     Community; the surety shall be returned to him when               Community; the surety shall be returned to him when
     the waste leaves the Community,                                   the waste leaves the Community,
— by the consignee at the customs office of entry into            — by the consignee at the customs office of entry into
     the Community where waste is being imported into                  the Community where waste is being imported into
     the Community; the surety shall be returned to him                the Community; the surety shall be returned to him
     when the waste has reached its destination,                       when the waste has reached its destination,
— by the notifier at the customs office of entry into the         — by the notifier at the customs office of entry into the
     Community where waste is in transit through the                   Community where waste is in transit through the
     Community; the surety shall be returned to him when               Community ; the surety shall be returned to him when
     the waste leaves the Community.                                   the waste leaves the Community.
2.      Proof that the waste has reached its destination or       2.      Proof that th& waste has reached its destination or
left the Community shall be furnished by means of                 left the Community shall be furnished by means of
control copy T 5 drawn up under Commission Regu­                  control copy T 5 drawn up under Commission Regu­
lation (EEC) No 2823/ 87 (').                                     lation (EEC) No 2823 /87 Q).
3. The amount of the security, exceptions to release              3. The amount of the security, exceptions to release
and the procedure for providing securities - shall be             and the procedure for providing securities shall be
determined in accordance with Article 31 .                        determined in accordance with Article 31 .
                            Article 16                                                        Article 16
The provisions of Titles II, III, IV and V shall apply            The provisions of Titles II, III, IV and V shall apply
without prejudice to any bilateral, multilateral or               without prejudice to any bilateral, multilateral or
regional agreements or arrangements which the                     regional agreements or arrangements which the
Community, or the Community and Member States, may                Community, or the Community and Member States, may
deem fit to conclude pursuant to Article 1 1 of the Basel         deem fit to conclude pursuant to Article 1 1 of the Basel
Convention .                                                      Convention.
                            Article 17                                                        Article 17
 1.     Under Titles III, IV and V, the notifier may use a         1 . Under Titles III, IV and V, the notifier may use a
general notification procedure where waste having essen­          general notification procedure where waste having essen­
tially the same physical and chemical characteristics is          tially the same physical and chemical characteristics is
shipped regularly to the same consignee via the areas of          shipped regularly to the same consignee via the areas of
jurisdiction of the same competent authorities.                   jurisdiction of the same competent authorities.
2.      Article 5 (2), (3) and (4) shall apply mutatis            2.      Article 5 (2), (3) and (4) shall apply mutatis
mutandis.                                                          mutandis.
                            Article 18                                                        Article 18
Member States shall provide that an appeals procedure             Member States shall provide that an appeals procedure
before the tribunals shall be open at least to the notifier       before the tribunals shall be open at least to the notifier
against the following decisions of the competent auth­            against the following decisions of the competent auth­
orities :                                                         orities :
(a) any refusal by the competent authority entitled to             (a) any refusal by the competent authority entitled to
      issue the authorization, to authorize the shipment                issue the authorization, to authorize the shipment
      within the intended period, pursuant to Articles 4                within the intended period, pursuant to Articles 4
      ( 1 ), 10 (2), 11(5) and 12(2);                                   ( 1 ), 10 (2), 11(5) and 12(2);
o OJ No L 270, 23. 9. 1987, p. 1 .                                 (l) OJ No L 270, 23. 9. 1987, p. 1 .
 ---pagebreak--- 6 . 5 . 92                               Official Journal of the European Communities                            No C 115 / 27
                          ORIGINAL TEXT                                                     AMENDED TEXT
(b) any reservations or conditions linked to the authoriz­         (b) any reservations or conditions linked to the authoriz­
       ation referred to under (a);                                     ation referred to under (a) ;
(c) any objections raised by the competent authorities in           (c) any objections raised by the competent authorities in
       the Community against the shipment as intended by                the Community against the shipment as intended by
       the notification, pursuant to Articles 4 (3) and (4),            the notification, pursuant to Articles 4 (3) and (4),
       and 7 ( 1 ) (c);                                                 and 7 ( 1 ) (c);
(d) any transport conditions pursuant to Articles 4 (5),            (d) any transport conditions pursuant to Articles 4 (5),
       10 (4), 11 (6) and 12 (4).                                        10 (4), 11 (6) and 12 (4).
                            Article 19                                                        Article 19
In compliance with the provisions of this Regulation,               In compliance with the provisions of this Regulation,
Member States shall take the measures needed to ensure              Member States shall take the measures needed to ensure
the supervision and control of waste shipments.                     the supervision and control of waste shipments.
                            TITLE VII                                                        TITLE VII
                         Other provisions                                                 Other provisions
                            Article 20                                                        Article 20
                                                                    1 . The provisions of the international transport
                                                                    conventions to which the Member States are parties shall
                                                                    be complied with in so far as they cover the waste to
                                                                    which this Regulation refers.
 1.      All shipments of waste shall meet the following            2.    All shipments of waste shall meet the following
conditions :                                                        conditions :
(a) the waste must be suitably packaged ;                           (a) the waste must be suitably packaged ;
 (b) the containers must bear appropriate labels indi­              (b) the containers must bear appropriate labels indi­
       cating, in addition to the nature, composition and                cating, in addition to the nature, composition and
       quantity of the waste, the telephone number(s) of the             quantity of the waste, the telephone number(s) of the
       person(s) from whom instructions or advice may be                 person(s) from whom instructions or advice may be
       obtained at all times during shipment;                            obtained at all times during shipment ; a description
                                                                         of the risks to the environment and public health
                                                                         must be supplied ;
 (c) instructions for action in the event of danger or              (c) instructions for action in the event of danger or
       accident must accompany the waste ;                               accident must accompany the waste ;
 (d) the labels and instructions referred to in (b) and (c)         (d) the labels and instructions referred to in (b) and (c)
       must be in the languages of the States concerned.                 must be in the languages of the States concerned.
 2. The conditions referred to in paragraph 1 shall be              3 . The conditions referred to in paragraph 1 shall be
deemed to be fulfilled where the shipment complies with             deemed to be fulfilled where the shipment complies with
the relevant provisions of Community law and of the                 the relevant provisions of Community law and of the
 international transport conventions, cited in Annex VI,            international transport conventions, cited in Annex III,
to which the Member State concerned is a party, where               to which the Member State concerned is a party, where
those conventions cover the waste to which this Regu­               those conventions cover the waste to which this Regu­
lation refers .                                                     lation refers .
 ---pagebreak--- NoC 115 /28                            Official Journal of the European Communities                                    6 . 5 . 92
                       ORIGINAL TEXT                                                    AMENDED TEXT
                         Article 21                                                       Article 21
1.    The cost of implementing the notification and               1 . The cost of implementing the notification and
supervision procedure, including the necessary analyses          supervision procedure, including the necessary analyses
and inspections, shall be chargeable to the notifier by the      and inspections, shall be chargeable to the notifier by the
Member State concerned.                                          Member State concerned .
2. Costs arising from the return of waste or from                2. Costs arising from the return of waste or from
disposal in another form pursuant to Articles 13 and 14          disposal in another form pursuant to Articles 13 and 14
(2) shall be charged to the notifier by the Member State         (2) shall be charged to the notifier by the Member State
concerned .                                                      concerned.
3. Costs arising from disposal, pursuant to Article 14           3. Costs arising from disposal, pursuant to Article 14
(3), shall be charged to the consignee by the Member             (3), shall be charged to the consignee by the Member
State concerned .                                                State concerned.
                         Article 22                                                       Article 22
1.    Without prejudice to Community and national                 1 . Without prejudice to Community and national
provisions concerning civil liability and irrespective of the    provisions concerning civil liability and irrespective of the
point of disposal of the waste the producer of that waste        point of disposal or recycling of the waste, the producer
shall take all necessary steps to dispose of the waste in        of that waste shall take all necessary steps to dispose of
such a way as to protect the quality of the environment          the waste or have it disposed and/or recycle it or have it
in accordance with Directive 75/442 /EEC, including the          recycled in such a way as to protect the quality of the
specific provisions referred to in Article 2 (2) (f) thereof     environment in accordance with Directive 75 / 442/EEC,
and in this Regulation.                                          including the specific provisions referred to in Article 2
                                                                 (2) (f) thereof and in this Regulation.
2.    Member States shall take all necessary steps to            2 . Member States shall take all necessary steps to
ensure that the obligations laid down in paragraph 1 are         ensure that the obligations laid down in paragraph 1 are
carried out.                                                     carried out.
                         Article 23                                                       Article 23
All documents sent to or by the competent authorities            All documents sent to or by the competent authorities
shall be kept for at least three years.                          shall be kept for at least five years.
                         Article 24                                                       Article 24
Member States shall designate the competent authority            Member States shall designate the competent authority
or authorities for the implementation of this Regulation         or authorities for the implementation of this Regulation
in a specific area. A single competent authority of transit      in a specific area. This authority may delegate some of
shall be designated by each Member State.                        its duties to subordinate authorities. A single competent
                                                                 authority of transit shall be designated by each Member
                                                                 State.
                                                                                         Article 24a
                                                                 The European Environment Agency and the Statistical
                                                                 Office of the European Communities will coordinate
                                                                 collating data on waste flows and evaluating such data
                                                                 statistically and keeping the Member States informed
                                                                 thereof.
                         Article 25                                                       Article 25
1.    Member States and the Commission shall each                 1.    Member States and the Commission shall each
designate a correspondent responsible for informing or           designate a correspondent responsible for informing or
advising persons or undertakings who or which make               advising persons or undertakings who or which make
enquiries.                                                       enquiries.
 ---pagebreak--- 6. 5 . 92                            Official Journal of the European Communities                           NoC 115 / 29
                       ORIGINAL TEXT                                                  AMENDED TEXT
2.     The Commission shall periodically hold a meeting        2. The Commission shall periodically hold a meeting
of its correspondents to examine with them the problems        of its correspondents to examine with them the problems
raised by the implementation of this Regulation.               raised by the implementation of this Regulation.
3 . The Commission correspondent shall forward to              3. The Commission correspondent shall forward to
the correspondents of the Member States any questions          the correspondents of the Member States any questions
put to him which fall within their competence, and vice        put to him which fall within their competence, and vice
versa .                                                        versa .
                         Article 26                                                    Article 26
 1 . Member States shall notify the Commission not              1 . Member States shall notify the Commission not
later than 1 October 1991 of the name(s), adress(es) and       later than 1 October 1991 of the name(s), adress(es) and
telephone and telex/telefax numbers of the competent           telephone and telex/telefax numbers of the competent
authorities and of the correspondents and the instal­          authorities and of the correspondents and the instal­
lations, establishments or undertakings holding an auth­       lations, establishments or undertakings holding an auth­
orization within the meaning of the fourth indent of           orization within the meaning of the fourth indent of
Article 3 (4), together with the seals of the competent        Article 3 (4), together with the seals of the competent
authorities .                                                  authorities.
Member States shall notify the Commission regularly of         Member States shall notify the Commission regularly of
any changes in this information.                               any changes in this information.
2.     The Commission shall send the information without       2.    The Commission shall send the information without
delay to the other Member States and to the Secretariat        delay to the other Member States and to the Secretariat
of the Basel Convention .                                      of the Basel Convention. It shall publish the information
                                                               in the Official Journal of the European Communities.
                         Article 27                                                    Article 27
 1.    In consultation with the Commission, Member              1.    In consultation with the Commission, Member
States shall designate customs offices of entry into and       States shall designate customs offices of entry into and
departure from the Community for shipments of waste            departure from the Community for shipments of waste
entering and leaving the Community.                            entering and leaving the Community.
2. No shipment of waste shall be allowed to use any            2. No shipment of waste shall be allowed to use any
other frontier crossing points for entering or leaving the     other frontier crossing points for entering or leaving the
Community than the customs offices designated under            Community than the customs offices designated under
paragraph 1 .                                                  paragraph 1 .
                         Article 28                                                    Article 28
Within the framework of the Basel Convention, the              Within the framework of the Basel Convention, the
Member States, in close liaison with the Commission,           Member States, in close liaison with the Commission,
shall cooperate with the other interested parties inter alia   shall cooperate with the other interested parties inter alia
via the exchange of information, the promotion of new          via the exchange of information, the promotion of new
environmentally sound technologies and the development         environmentally sound technologies and the development
of appropriate codes of practice.                              of appropriate codes of practice.
                        Article 29                                                     Article 29
The Commission and Member States shall cooperate in            The Commission and Member States shall cooperate in
discharging their obligations regarding the supply of          discharging their obligations regarding the supply of
information under Article 13 of the Basel Convention.          information under Article 13 of the Basel Convention .
                         Article 30                                                    Article 30
1 . Every year, and for the first time on 1 March 1993,        1 . Every year, and for the first time on 1 March 1993 ,
Member States shall supply the Commission with a               Member States shall supply the Commission with a
report on the implementation of this Regulation and on         report on the implementation of this Regulation and on
the situation with regard to the shipments of waste            the situation with regard to the shipments of waste
covered by this Regulation .                                   covered by this Regulation.
 ---pagebreak--- No C 115 / 30                          Official Journal of the European Communities                                   6 . 5 . 92
                        ORIGINAL TEXT                                                    AMENDED TEXT
2.    The reports shall include the following information        2. The reports shall include the following information
in particular :                                                  in particular :
— shipments of waste arising from major accidents                — shipments of waste arising from major accidents
    within the meaning of Article 1 of Council Directive             within the meaning of Article 1 of Council Directive
    82/501 /EEC of 24 June 1982 on the major accident                82 /501 /EEC of 24 June 1982 on the major accident
    hazards of certain industrial activities (l),                    hazards of certain industrial activities (l),
— significant irregularities in shipments of waste               — significant irregularities in shipments of waste
    covered by this Regulation which have involved or                covered by this Regulation which have involved or
    may yet involve serious hazards for man or the                   may yet involve serious hazards for man or the
    environment,                                                     environment,
— the quantity and type of waste which has entered the           — the quantity and type of waste which has entered the
    area of jurisdiction of the competent authorities for            area of jurisdiction of the competent authorities for
    disposal and the quantity and type of waste produced             disposal and the quantity and type of waste produced
    in the area of jurisdiction of the competent auth­               in the area of jurisdiction of the competent auth­
    orities and subsequently dispatched to another                   orities and subsequently dispatched to another
    competent authority, either definitively or before               competent authority, either definitively or before
    disposal at sea.                                                 disposal at sea.
3.    On the basis of these reports, the Commission shall        3. On the basis of these reports, the Commission shall
prepare a consolidated report every year, which it shall         prepare a consolidated report every year, which it shall
address to the European Parliament, the Council and the          address to the European Parliament, the Council and the
Economic and Social Committee.                                   Economic and Social Committee . The Commission shall
                                                                 identify in its reports any Member State from which it
                                                                 has not received the requisite information in accordance
                                                                 with paragraph 1 , or in respect of which it considers the
                                                                 information submitted to be unsatisfactory.
                          Article 31                                                       Article 31
The list provided for in Article 2 (2) (d), the standard         The list provided for in Article 2 (2) (d), the standard
consignment note and the standard document referred to           consignment note and the standard document referred to
respectively in Articles 3 (3) and 7 and the necessary           respectively in Articles 3 (3) and 7 and the necessary
general provisions and instructions relating to the note         general provisions and instructions relating to the note
and form and the provisions necessary for applying               and form and the provisions necessary for applying
Article 15 (3) shall be drawn up by the Commission               Article 15 (3) shall be drawn up by the Commission
before 1 January 1992, in accordance with the procedure          before 1 January 1992, in accordance with the procedure
laid down in Article 32. The same procedure shall apply          laid down in Article 18 of Directive 75/442 /EEC, as
to the amendments needed to adapt these documents and            amended by Directive 91 / 156/EEC. The       same procedure
the Annexes to this Regulation to scientific and technical       shall apply to the amendments needed          to adapt these
progress, due account being taken of the combined                documents and the Annexes to this             Regulation to
nomenclature.                                                    scientific and technical progress, due        account being
                                                                 taken of the combined nomenclature .
                          Article 32                                                       Article 32
The Commission shall be assisted by a committee                  Deleted
composed of the representatives of the Member States
and chaired by the representative of the Commission.
0) OJ No L 230, 5 . 8 . 1982, p. 1 .                             (l) OJ No L 230, 5. 8 . 1982, p. 1 .
 ---pagebreak--- 6 . 5 . 92                              Official Journal of the European Communities                             NoC 115/ 31
                         ORIGINAL TEXT                                                     AMENDED TEXT
The representative of the Commission shall submit to the
committee a draft of the measures to be taken. The
committee shall deliver its opinion on the draft within a
time limit which the chairman may set as required by the
urgency of the matter. The opinion shall be delivered by
the majority laid down in Article 148 (2) of the Treaty in
the case of decisions which the Council is required to
adopt on a proposal from the Commission. The votes of
the representatives of the Member States within the
committee shall be weighted in the manner set out in
that Article. The chairman shall not vote.
The Commission shall adopt measures which shall apply
immediately. However, if these measures are not in
accordance with the opinion of the committee, they shall
be communicated by the Commission to the Council
forthwith. In that event the Commission may defer
implementation of the measures adopted for a period of
not more than one month from the date of said
communication.
The Council, acting by a qualified majority, may take a
different decision within the time limit referred to in the
previous paragraph.
                           Article 33                                                        Article 33
Directive 84/631 /EEC is hereby repealed with effect              Directive 84/631 /EEC is hereby repealed with effect
from 1 January 1992 However, it shall continue to apply           from 1 January 1992 However, it shall continue to apply
to shipments for which notification has been sent to the          to shipments for which notification has been sent to the
competent authority before the date.                              competent authority before the date.
                           Article 34                                                        Article 34
This Regulation shall enter into force on the 40th day            This Regulation shall enter into force on the 40th day
following that of its publication in the Official Journal of      following its publication in the Official Journal of the
the European Communities.                                         European Communities.
It shall apply from 1 January 1992 with the exception of          It shall apply from 1 January 1992 with the exception of
Articles 2, 9 ( 1 ) and (2), 24 to 29, 31 and 32 which shall      Articles 2, 9 ( 1 ) and (2), 24 to 29, 31 and 32 which shall
apply from its date of entry into force and without               apply from its date of entry into force and without
prejudice to the second sentence of Article 33.                   prejudice to the second sentence of Article 33.
This Regulation shall be binding in its entirety and              This Regulation shall be binding in its entirety and
directly applicable in all Member States.                         directly applicable in all Member States.
 ---pagebreak--- No C 115/ 32                        Official Journal of the European Communities                                    6. 5 . 92
                                                           ANNEX I
                                                 CATEGORIES OF WASTE
                          (taken from Directive 75/442/EEC, as amended by Directive 91/156/EEC)
           Ql   Production or consumption residues not otherwise specified below
           Q2   Off-specification products
           Q3   Products whose date for appropriate use has expired
           Q4   Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc.,
                contaminated as a result of the mishap
           Q5   Materials contaminated or soiled as a result of planned actions (e.g. residues from cleaning oper­
                ations, packing materials, containers, etc.)
           Q6   Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)
           Q7   Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvents,
                exhausted tempering salts, etc.)
           Q8   Residues of industrial processes (e.g. slags, still bottoms, etc.)
           Q9   Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters,
                etc.)
           Q10  Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)
           Ql 1 Residues from raw materials extraction and processing (e.g. mining residues, oil field slops, etc.)
           Q12  Adulterated materials (e.g. oils contaminated with PCBs, etc.)
           Q13  Any materials, substances or products whose use has been banned by law
           Q14  Products for which the holder has no further use (e.g. agricultural, household, office, commercial
                and shop discards, etc.)
           Q15  Contaminated materials, substances or products resulting from remedial action with respect to land
           Q16  Any materials, substances or products which are not contained in the above categories.
 ---pagebreak--- 6. 5. 92                             Official Journal of the European Communities                                   No C 115/33
                                                        ANNEX IIA
                                                  DISPOSAL OPERATIONS
                           (taken from Directive 75/442JEEC, as amended by Directive 91/156/EEC)
         NB: This Annex is intended to list disposal operations such as they occur in practice. In accordance with
              Article 4 of the amended Directive 75/442/EEC, waste must be disposed of without endangering
              human health and without the use of processes or methods likely to harm the environment.
         Dl   Tipping above or underground (e.g. landfill, etc.)
         D2   Land treatment (e.g. biodegradation of liquid or sludge discards in soils, etc.)
         D3   Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occuring repo­
              sitories, etc.)
         D4   Surface impoundment (e.g. placement of liquid or sludge discards into pits, ponds or lagoons, etc.)
         D5   Specially engineered landfill (e.g. placement 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 seabed 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 in this Annex
         D9   Physico-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 in this Annex (e.g. evaporation,
              drying, calcination, etc.)
         D10  Incineration on land
         Dl 1 Incineration at sea
         D 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)
         D13 Blending or mixture prior to submission to any of the operations in this Annex
         D14 Repackaging prior to submission to any of the operations in this Annex
         D15 Storage pending any of the operations in this Annex, excluding temporary storage, pending
              collection, on the site where it is produced.
 ---pagebreak--- No C 115/34                           Official Journal of the European Communities                                   6. 5 . 92
                                                         ANNEX II B
                                   OPERATIONS WHICH MAY LEAD TO RECOVERY
                            (taken from Directive 75/442/EEC amended by Directive 91/156/EEC)
           NB: This Annex is intended to list recovery operations as they are carried out in practice. In accordance
               with Article 4 of the amended Directive 75/442/EEC, waste must be recovered without endangering
               human health and without the use of processes or methods likely to harm the environment.
           Rl  Solvent reclamation/regeneration                        (
           R2  Recycling/reclamation of organic substances which are not used as solvents
           R3  Recycling/reclamation of metals and metal compounds
           R4  Recycling/reclamation of other inorganic materials
           R5  Regeneration of acids or bases
           R6  Recovery of components used for pollution abatement
           R7  Recovery of components from catalysts
           R8  Oil re-refining or other re-uses of oil
           R9  Use principally as a fuel or other means to generate energy
           RIO Spreading on land resulting in benefit to agriculture or ecological improvement, including
               composting and other biological transformation processes, except in the case of waste excluded
               under Article 2 ( 1 ) (b) (iii)
           Rll Use of wastes obtained from any of the operations numbered Rl — RIO
           R12 Exchange of wastes for submission to any of the operations numbered Rl — Rl 1
           R13 Storage of materials intended for submission to any operation in this Annex, excluding temporary
               storage, pending collection, on the site where it is produced.
 ---pagebreak--- 6 . 5 . 92                                 Official Journal of the European Communities                           NoG 115 /35
                                                                  ANNEX III
            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 Safery of Life at Sea ( 1974)
            4. IMDG code (*)
                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.
           C) Since 1 January 1985, the IMDG code has been incorporated in the Solas Convention.