No L 22/14 Official Journal of the European Communities 24. 1. 97 COUNCIL REGULATION (EC) No 120/97 of 20 January 1997 amending Regulation (EC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof, Having regard to the proposal from the Commission ('), Having regard to the opinion of the Economic and Social Committee (3, Acting in accordance with the procedure laid down in Article 189¢ (}), Having regard to Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of ship- ments of waste within, into and out of the European Community (*), and in particular Article 16 thereof, Whereas the European Community has been a Party to the Basle Convention on the control of transboundary movements of hazardous waste and their disposal since 7 February 19594; Whereas at the Second Conference of the Parties to the Basle Convention a Decision (‘Decision 1I/12)) was adopted by consensus to prohibit immediately all exports of hazardous wastes which are destined for final disposal from OECD to non-OECD States and to prohibit as of 1 January 1998, all exports of hazardous wastes which are destined for recycling or recovery operations from OECD to non-OECD States; Whereas at the Third conference of the Parties to the Basle Convention a Decision (‘Decision III/1’) was adopted by consensus to amend the Convention to prohibit all exports of hazardous wastes which are destined for disposal from States listed in Annex VII to the Convention to States not so listed, and to prohibit as of 1 January 1998 all exports of hazardous wastes referred to in Article 1 (1) (a) of the Convention which are destined for recovery operations from States listed in Annex VII to the Convention to States not so listed; () OJ No C 164, 30. 6. 1995, p. 8. (® OJ No C 18, 22. 1. 1996, p. 18. (*) Opinion of the European Parliament of 16 January 1996 (O] No C 32, S. 2. 1996, p. 32), Council Common Position of 28 May 1996 (O] No C 219, 27. 7. 1996, p. 19) and Decision of the European Parliament of 18 September 1996 (O] No C 320, 28. 10. 1996, p. 75). (9 OJ No L 30, 6. 2. 1993, p. 1. Regulation as amended by Com- mission Decision 94/721/EC (O] No L 288, 9. 11. 1994, p. 36). Whereas Community definitions of hazardous waste do not entirely concur at the present time with those of the Basle Convention and as this could result in waste covered by the Basle Convention’s export ban still being exported from the Community, the Community defini- tions and lists in this respect must be adjusted; Whereas it is necessary to establish an Annex V to Regu- lation (EEC) No 259/93, comprising hazardous wastes to which the Basle Convention’s export ban shall apply; Whereas the Commission should, not later than 1 January 1998, review and amend the said Annex V, taking into full consideration those wastes featuring on the list of wastes adopted in accordance with Article 1 (4) of Council Directive 91/683/EEC of 12 December 1991 on hazardous waste (°) and any lists of wastes characterized as hazardous for the purposes of the Basle Convention; whereas exports of wastes listed in the said Annex V for recovery, except exports to countries to which the OECD Decision applies, should be prohibited from 1 January 1998 onwards; Whereas it may be necessary from time to time to review and amend the said Annex V to reflect agreement among the Parties to the Basle Convention as to what wastes should be characterized as hazardous for the purposes of the Convention; Whereas the Parties are requested to cooperate and work actively to ensure the effective implementation of Deci- sions II/12 and IIl/1 of the conferences of the Parties to the Basle Convention; Whereas with respect to waste destined for final disposal, Article 14 of Regulation (EEC) No 259/93 already pro- hibits all exports of such kind of waste to non-OECD States; whereas Article 18 of that Regulation prohibits all exports of waste to ACP States; Whereas currently the said Regulation does not provide for a total prohibition of exports of hazardous waste destined for recycling or recovery operations to non- OECD States; Whereas the said Regulation should therefore be amended, () OJ No L 377, 31. 12. 1991, E 20. Directive as amended by Directive 94/31/EC (OJ No L 168, 2. 7. 1994, p. 28).