31.12.2001 Official Journal of the European Communities L 349/1 | (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 2557/2001 of 28 December 2001 amending Annex V of Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community (!), as last amended by Commission Decision 1999/816/EC (3), and in particular Article 16(1) thereof, Whereas: (1) By virtue of Council Decision 93/98/EEC (%), the Community has been a party to the Basel Convention on the control of transboundary movements of hazardous wastes and their disposal since 7 February 1994. (2) A list of hazardous wastes has been adopted in accordance with Article 1(4) of Council Directive 91/689/EEC of 12 December 1991 on hazardous waste (*), as amended by Directive 94/31/EC (°) and amended in the light of notifi- cations from Member States. The most recent version of that list of hazardous waste is included in Commission Decision 2000/532/EC (°), as last amended by Council Decision 2001/573/EC (). (3) The Community has approved Decision C(2001) 107 of the OECD Council on the Revision of Decision C(92) 39/final on the Control of Transboundary Movements of Wastes Destined for Recovery Operations, including in particular () O] L 30, 6.2.1993, p. 1. () O] L 316, 10.12.1999, p. 45. () O] L 39, 16.2.1993, p. 1. (% O] L 377, 31.12.1991, p. 20. () O] L 168, 2.7.1994, p. 28. (6 O] L 226, 6.9.2000, p. 3. () O] L 203, 28.7.2001, p. 18. Part I of Appendix 4 thereto, which lists waste subject to the so-called amber control procedure of that Decision. = Decision C(2001) 107 of the OECD Council, including Part II of Appendix 4 thereto, is only binding on the Member States and the Community on completion of the necessary Community procedures (%). It is therefore necessary to ensure that the OECD amendments regarding Part Il of Appendix 4 for the purposes of this Regulation are transposed into Community legislation from the same date as the amendments included in Decision 2000/532/EC namely 1 January 2002. (5) Annex V to Council Regulation (EEC) No 259/93 should be amended in order to ensure that Parts 2 and 3 thereof take full account of the most up to date list of hazardous wastes adopted in accordance with Article 1(4) of Directive 91/689/EEC and the most up to date list of waste adopted by the OECD Council and approved by the Community. (6) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 18 of Directive 75[442[EEC, HAS ADOPTED THIS REGULATION: Article 1 Annex V to Council Regulation (EEC) 259/93 is replaced by the Annex to this Regulation. Article 2 This Regulation shall enter into force on 1 January 2002. (%) Council Conclusions of 12 June 2001.