Re-examined proposal for a COUNCIL REGULATION (EC) amending Regulation (EEC) Nº 259/93 on the supervision and control of shipments of waste within, into and out of the European Community
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 21. 10. 1996 COM(96) 515 final 95/0107 (SYN) Re-examined 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 c (d) of the EC Treaty) EXPLANATORY MEMORANDUM On 26 April 1995, the Commission adopted a proposal 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 Community1. The Economic and Social Committee adopted its opinion on 25 October 19952. The European Parliament gave its opinion in first reading on 16 January 19963. On 19 February 1996, the Commission adopted an amended proposal, in accordance with Article 189a, paragraph 2, of the EC Treaty, incorporating 4 out of 5 amendments proposed by the European Parliament4. The Council formally adopted its common position on the Commission's amended proposal on 28 May 19965. The European Parliament examined the Council's common position at second reading on 18 September 1996 and approved it subject to 4 proposed amendments6. The Commission has examined the amendments proposed by the European Parliament at second reading and has incorporated them into the present re-examined proposal. The Commission's position on each of the amendments approved by the European Parliament at second reading is as follows. Amendments of the recitals (amendments 1, 2 and 3): 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 2). The re-examined proposal also includes 'OJC 164,30. 6. 1995 2OJC 18,22. 1. 96 3 OJC 32, 5. 2. 1996 4 OJC 107, 13. 4. 1996 5 OJC 219, 27. 7. 1996 6 Minutes of the session of 18. 9. 96, provisional edition, PE 252. 044 part 2, pages 5 and 6 (amendment 3) the Commission's intention to establish, in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC 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 Annexes III or IV of the Regulation. This will subject those wastes also to the export ban. Amendment of Articles of Regulation (EEC) N° 259/93 (amendment 4): As re-examined in line with 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 111 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/EC7 need to be made coherent with each other. To this end the Commission will, in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC, list in a new Annex IIA to the Regulation those wastes which are considered hazardous in the Community, since they feature on the list of hazardous wastes, but which do not feature in Annexes III or IV of Regulation (EEC) N° 259/93. 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 Annexes III and IV of Regulation (EEC) N° 259/93. while it guarantees sufficient transparency for economic operators. In accordance with Article 189c (d) of the EC Treaty, the Commission modifies as follows the text of the Common Position on its 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 to include the accepted amendments in the Common Position. OJN" L 356, 31. 12. 1994 Re-examined proposal for a COUNCIL REGULATION fRC) amending Regulation (EEC) N° 259/93 on the supervision and control of shipments of waste within, into and out of the European Community COMMON POSITION RE-EXAMINED PROPOSAL new recital 5a 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: new recital 5b Whereas the EC's definitions of hazardous waste do not entirely concur at the present time with those of the Basel Convention and whereas, as this could result in waste covered by the Basel Convention's export ban still being exported the EC's definitions and lists in this respect must be adjusted: the EC. from OJN" C 164, 30. 6. 1995, p. 8 COMMON POSITION AMENDED TEXT new recital 5c 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 IKa) 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 amended as follows: Regulation (EEC) N° 259/93 is hereby amended as follows: 1. Article 16, paragraph 1 is replaced by the following: 1. Article 16, paragraph 1 is replaced by the following: "Article 16 "Article 16 1. All exports of waste listed in Annexes III and IV for recovery shall be prohibited except those to: 1. All exports of waste listed in Annexes III and IV for recovery shall be prohibited except those to: (a) countries to which the OECD Decision applies; (a) countries to which the OECD Decision applies; (b) other countries: (b) other countries: - which are Parties, to the Basel Convention and/or with which the - which are Parties to the Basel Convention and/or with which the 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. COMMON POSITION AMENDED TEXT Community, or the Community and its Member States, have concluded bilateral or multilateral or regional agreements or arrangements in accordance with Article 11 of the Basel Convention and paragraph 2. Any such exports shall however be prohibited from 1 January 1998 onwards. - with which individual Member States have concluded bilateral agreements and arrangements prior to the date of application of this Regulation, in so far as these are compatible with Community legislation and in accordance with Article 11 of the Basel Convention and paragraph 2. These agreements and arrangements shall be notified to the Commission within three months of the date of application of this Regulation or of their date of application, whichever is earlier, and shall expire when agreements or arrangements are concluded in accordance with the first indent. Any such exports shall however be prohibited from 1 January 1998 onwards. Community, or the Community and its Member States, have concluded bilateral or multilateral or regional agreements or arrangements in accordance with Article 11 of the Basel Convention and paragraph 2. Any such exports shall however be prohibited from 1 January 1998 onwards. - with which individual Member States have concluded bilateral agreements and arrangements prior to the date of application of this Regulation, in so far as these are compatible with Community legislation and in accordance with Article 11 of the Basel Convention and paragraph 2. These agreements and arrangements shall be notified to the Commission within three months of the date of application of this Regulation or of their date of application, whichever is earlier, and shall expire when agreements or arrangements are concluded in accordance with the first indent. Any such exports shall however be 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 IKa') 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 IKa) will also be prohibited from 1 January 1998 onwards. ISSN 0254-1475 COM(96) 515 final DOCUMENTS EN 14 u Catalogue number : CB-CO-96-520-EN-C ISBN 92-78-10334-9 Office for Official Publications of the European Communities L-2985 Luxembourg -F