CELEX: 51996PC0062
Language: en
Date: 1996-02-20
Title: Amended proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) N° 259/93 on the supervision and control of shipments of waste within, into and out of the European Community

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                                                   Brussels,2().02.I996
                                                    C U M ( % ) 6 : tinal
                                                    95/0107 (S YN)
                                 Amended proposal for a
                             COUNCIL REGULATION (EC)
                        amending Regulation (EEC) N° 259/93 on
                    the supervision and control of shipments of waste
                    within, into and out of the European Community
               (presented by the Commission pursuant to Article 189 a (2)
                                   of the EC-Treaty)
 ---pagebreak---  ---pagebreak---                               EXPLANATORY MEMORANDUM
                   to the amended proposal from the Commission for a
Council Regulation amending Council Regulation (EEC) N° 259/93 on the supervision
  and control of shipments of waste within, into and out of the European Community
In accordance with Article 130s, paragraph 1, of the EC Treaty, the Council consulted the
European Parliament on the proposal for a Regulation amending Regulation (EEC) N° 259/93 '
on the supervision and control of shipments of waste within, into and out of the European
Community (COM(95) 143 final, 95/0107 SYN). At its Sessions of 16 November 1995 and
16 January 1996, the European Parliament approved a total of 5 amendments, 4 of which
were accepted by the Commission2. These amendments are discussed below and 4 are included
in the present modified proposal.
Amendments accepted by the Commission
Amendments of the recitals:
Relevant background matters like the decision of the Third Conference of the Parties on the
amendment of the Basel Convention and the fact that EC definitions and lists do not entirely
concur with those of the Basel Convention and will therefore have to be adjusted in the
future, in particular to the list of hazardous wastes to be developed by that Convention are
now included in the recitals (amendments 1 and 3). The Commission's intention to establish,
by way of the appropriate Committee procedure and as soon as possible, an Annex 11(a)
listing those wastes featuring on the Community's list of hazardous wastes but which are not
listed in Annex III or IV of the Regulation is also included (compromise amendment 8) in
order to subject also those wastes to the export ban.
Amendment of Articles of Regulation (EEC) N° 259/93:
As amended in line with compromise amendment 9, which replaces amendment 4, the scope
of application of the proposed Regulation amending Regulation (EEC) N° 259/93 is extended
to cover not only wastes listed in Annex III and IV, but also wastes listed in a new Annex
11(a). The objective of this amendment is to effectively implement "Decision 11/12", i.e. to
subject to the prohibition of exports as of 1998 all wastes which are considered hazardous
under Community legislation .
In order to ensure this, Regulation (EEC) N° 259/93 and the EC list of hazardous waste as
adopted by Council Decision 94/904/EC3 need to be made coherent with each other. To this
end the Commission will seize the appropriate implementation Committee with a proposal to
list those wastes which are considered hazardous in the Community since they feature on the
         OJN° L30, 6.2.1993, p. 1
     2
         Minutes of the Session of 16 November 1995, provisional edition, PE 195.171, pages 39-40,
         and of 16 January 1996, provisional edition, PE 195.831, page 16
         OJN° L356, 31.12.1994, p. 14
 ---pagebreak---  list of hazardous wastes but which do not feature in Annex III or IV of Regulation (EEC) N°
259/93 in a new Annex 11(a) to the Regulation. The proposed Regulation amending Regulation
(EEC) N° 259/93 will also apply to wastes listed in this new Annex 11(a).
The Commission considers that this amendment takes away doubts as to whether all hazardous
wastes would be covered by merely Annex III and IV of Regulation (EEC) N° 259/93, while
it guarantees sufficient transparency for economic operators.
Amendment not accepted by the Commission;
 The only amendment (amendment 2) not accepted by the Commission was considered
superfluous since it overlaps with another amendment (amendment 3), which is accepted by
the Commission. Amendment 3 is more accurately drafted and is more complete in
mentioning that in the future EC definitions and lists will have to be adapted to those of the
Basel Convention.
In accordance with Article 189a, paragraph 2, of the EC Treaty, the Commission modifies as
follows the text of its proposal concerning the prohibition of shipments of hazardous waste
destined for recovery to non-OECD countries as of 1 January 1998 in order to include the
accepted amendments into its proposal.
 ---pagebreak---                                   COMMISSION
                     Amended proposal for a Council Regulation
                      amending Regulation (EEC) N° 259/93 on
                  the supervision and control of shipments of waste
                  within, into and out of the European Community
                           COM(95) 143 final - SYN 95/0107
(Submitted by the Commission pursuant to Article 189a, paragraph 2, of the EC Treaty on
                                               )
    ORIGINAL PROPOSAL                                 AMENDED PROPOSAL
                                                 new recitals:
                                                 Whereas the Third Conference of the
                                                 Parties to the Basel Convention decided
                                                 that the export of hazardous waste for
                                                 recycling purposes from OECD to non-
                                                 OECD countries shall be prohibited from
                                                 1 January 1998 on;
                                                 Whereas the EU* s definitions of
                                                 hazardous waste do not entirely concur at
                                                 the present time with those of the Basel
                                                 Convention and as this could result in
                                                 waste covered by the Basel Convention's
                                                 export ban still being exported from the
                                                 EU, the EU's definitions and lists in this
                                                 respect must be aiusted:
 ---pagebreak---        ORIGINAL PROPOSAL                         AMENDED PROPOSAL
                                           Whereas the Commission, in accordance
                                           with the procedure laid down in Article
                                            18 of Directive 75/442/EEC will as soon
                                           as possible establish an Annex IKa)
                                           listing those wastes featuring on the list
                                           of hazardous wastes as adopted by
                                           Council Decision 94/904/EC1 but which
                                           are not listed in Annex HI or IV; whereas
                                           exports of wastes listed in this Annex
                                           11(a) will also be prohibited from 1
                                           January 1998 onwards.
HAS ADOPTED THIS REGULATION:               HAS ADOPTED THIS REGULATION:
Article 1                                  Article 1
Regulation (EEC) N° 259/93 is hereby       Regulation (EEC) N° 259/93 is hereby
amended as follows:                        amended as follows:
 1. Article 16, paragraph 1 is replaced     1. Article 16, paragraph 1 is replaced
by the following:                          by the following:
 "Article 16                                "Article 16
 1. All exports of waste listed in Annexes  1. All exports of waste listed in Annexes
III and IV for recovery shall be           III and IV for recovery shall be
prohibited except those to:                prohibited except those to:
(a) countries to which the OECD            (a) countries to which the OECD
Decision applies;                          Decision applies;
(b) other countries:                       (b) other countries:
- which are Parties to the Basel           - which are Parties to the Basel
Convention and/or with which the           Convention and/or with which the
Community, or the Community and its        Community, or the Community and its
                                           Council Decision 94/904/EC of 22 December
                                            1994, establishing a list of hazardous waste
                                           pursuant to Article 1(4) of Council Directive
                                           91/689/EEC on hazardous waste; OJ L 356
                                           of 31.12.1994, p. 14.
                                             <T
 ---pagebreak--- Member States, have concluded bilateral    Member States, have concluded bilateral
or multilateral or regional agreements     or multilateral or regional agreements
or arrangements in accordance with         or arrangements in accordance with
Article 11 of the Basel Convention and     Article 11 of the Basel Convention and
paragraph 2. Any such exports shall        paragraph 2. Any such exports shall
however be prohibited from 1 January       however be prohibited from 1 January
1998 onwards.                               1998 onwards.
- with which individual Member States      - with which individual Member States
have concluded bilateral agreements and    have concluded bilateral agreements and
arrangements prior to the date of          arrangements prior to the date of
application of this Regulation, in so far  application of this Regulation, in so far
as these are compatible with Community     as these are compatible with Community
legislation and in accordance with Article legislation and in accordance with Article
11 of the Basel Convention and              11 of the Basel Convention and
paragraph 2.                               paragraph 2.
These agreements and arrangements shall    These agreements and arrangements shall
be notified to the Commission within       be notified to the Commission within
three months of the date of application    three months of the date of application
of this Regulation or of their date of     of this Regulation or of their date of
application, whichever is earlier, and     application, whichever is earlier, and
shall expire when agreements               shall expire when agreements
or arrangements are concluded              or arrangements are concluded
in accordance with the first indent.       in accordance with the first indent.
Any such exports shall however be          Any such exports shall however be
prohibited from 1 January 1998 onwards.    prohibited from 1 January 1998 onwards.
                                           The Commission, in accordance with the
                                           procedure laid down in Article 18 of
                                           Directive 75/442/EEC, will as soon as
                                           possible establish an Annex 11(a) listing
                                           those wastes featuring on the list of
                                           hazardous wastes as adopted by Council
                                           Decision 94/904/EC but which are not
                                           listed in Annex HI or IV. Exports of
                                           wastes listed in this Annex H(a) will also
                                           be prohibited from 1 January 1998
                                           onwards.
                                             C
 ---pagebreak---                                                                   ISSN 0254-1475
                                                             COM(96) 62 final
                                                                                 t
                                              DOCUMENTS
EN                                                                       14 11
                                     Catalogue number : CB-CO-96-071-EN-C
                                                             ISBN 92-78-00599-1
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