25. 8. 94 Official Journal of the European Communities No L 220/15 COMMISSION DECISION of 20 July 1994 determining the control procedure under Council Regulation (EEC) No 259/93 as regards certain shipments of waste to certain non-OECD countries (Text with EEA relevance) (94/575/EC) 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 (), and in particular Article 17 (3) thereof, Whereas Atticle 1 (3)(a) of Regulation (EEC) No 259/93 excludes from the scope of application of the Regulation shipments of waste destined for recovery only and listed in Annex II thereto, except as provided for by, inter alia, Article 17(1), (2) and (3); Whereas in accordance with Article 17 (1) the Commis- sion has notified to every country to which the OECD Council Decision of 30 March 1992 on the control of transfrontier movements of wastes destined for recovery operations does not apply the list of waste included in Annex II to Regulation (EEC) No 259/93, and has requested confirmation that such waste is not subject to - control in the country of destination or has asked that such country indicate where such waste should be subject to the control procedures which apply to waste listed in Annex III or IV to the Regulation, or to the procedure laid down in Article 15 thereof; ‘Whereas certain countries have indicated that such waste should be subject to one of those control procedures ; Whereas the Commission has notified those cases to the Committee established pursuant to Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (), as last amended by Directive 91/692/EEC () ; Whereas under Article 17 (3), where such waste is subject to control in the country of destination or upon request of such a country exports of such waste to that country shall be subjected to control ; () OJ No L 30, 6. 2. 1993, p. 1. OJ No L 194, 25. 7. 1975, p. 39. %) OJ No L 377, 31. 12. 1991, p. 48. Whereas the Commission is required to determine, in consultation with the country of destination, which of the control procedures shall apply, HAS ADOPTED THIS DECISION : Article 1 1. The control procedure applicable to wastes listed in Annex III to Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex A to this Deci- sion with respect to those categories of waste listed in Annex II to the aforesaid Regulation which are also set out in Annex A. 2. The control procedure applicable to wastes listed in Annex IV to Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex B to this Deci- sion with respect to those categories of waste listed in Annex II to the aforesaid Regulation which are also set out in Annex B. 3. The control procedure laid down in Article 15 of Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex C to this Decision with respect to those categories of waste listed in Annex II to the aforesaid Regulation which are also set out in Annex C. Article 2 This Decision is addressed to the Member States. Done at Brussels, 20 July 1994. For the Commission Leon BRITTAN Member of the Commission