7.11.98 Official Journal of the European Communities L 298/19 COMMISSION REGULATION (EC) No 2408/98 of 6 November 1998 amending Annex V to Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (Text with EEA relevance) 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 ship- ments of waste within, into and out of the European Community ('), as last amended by Commission Decision 98/368/EC (3, and in particular Article 16(1) thereof, 1) Whereas, by virtue of Council Decision 93/ 98/EEC (%), the European 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; Whereas in accordance with Article 16 of Regula- tion (EEC) No 259/93, as amended by Regulation (EC) No 120/97 (*, Annex V to that Regulation should be amended taking into full consideration those wastes featuring on the list of wastes 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 any lists of wastes characterised as hazardous for the purposes of the Basel Convention; Whereas, at the Fourth Conference of the Parties to the Basel Convention, a Decision (‘Decision IV/9’) was adopted to add new Annexes VIII and IX to the Convention listing respectively wastes charac- terised as hazardous pursuant to Article 1(1)(a) of the Convention and wastes not covered by Article 1(1)(a) of the Convention; Whereas, in accordance with Article 18(2)(c) of the Basel Convention, on expiry of six months from the date of circulation of the communication of the adoption by the Depository, those Annexes VIII and IX should become effective for all Parties 30, 6. 2. 1993, p. 1. 165, 10. 6. 1998, p. 20. 39, 16. 2. 1993, p. 1. 377, 31. 12. 1991, p. 20. 168, 2. 7. 1994, p. 28. oJ L oJ L ) OJ L % OJ L 22, 24. 1. 1997, p. 14. oJ L oJ L which have not notified the Depository that they are unable to accept them; Whereas, in accordance with Article 1(1)(b) of the Basel Convention, wastes that are not covered under Article 1(1)@a) but are defined as, or are considered to be, hazardous wastes by the domestic legislation of a Party shall be ‘hazardous wastes’ for the purposes of that Convention; whereas Article 4(11) of the Basel Convention provides that nothing in that Convention is to prevent a Party from imposing additional requirements that are consistent with the provisions thereof, and are in accordance with the rules of international law, in order to better protect human health and the envir- onment; whereas, therefore, the amendment to Annex V contained in this Regulation is without prejudice to any future decision concerning Annex V, in particular as regards the adoption of stricter Community measures; Whereas in order effectively to implement De- cisions II/12 and III/1 of, respectively, the second and third Conference of the Parties to the Basel Convention, it is important that all wastes which are classified as hazardous, whether in the context of the Basel Convention or in the context of Community legislation, be included in Annex V; whereas, however, the new Annexes VIII and IX to the Basel Convention provide the most recent classification of hazardous waste; whereas it is considered opportune — at this stage — that in the event of conflict or discrepancy these new Annexes should be complied with; whereas, accordingly, the export of any waste listed in Part 1, list B (Annex IX to the Basel Convention) is not prevented by Annex V to Regulation (EEC) No 259/93 since it has not been characterised as hazardous for the purposes of Article 1(1)(a) of the Basel Convention; Whereas, in accordance with the introductory wording of Annex VIII to the Basel Convention, Member States may make provisions, in excep- tional cases, to determine, on the basis of docu- mentary evidence provided in an appropriate way by the holder, that a specific waste in Annex V is to be excluded from the export ban referred to in Article 16(1) of Regulation (EEC) No 259/93 if it does not display any of the properties listed in