COMMON POSITION (EC) No 48/98 adopted by the Council on 4 June 1998 with a view to adopting Council Regulation (EC) No .../98, of ... establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste
30. 10. 98 EN Official Journal of the European Communities C 333/1 I (Information) COUNCIL COMMON POSITION (EC) No 48/98 adopted by the Council on 4 June 1998 with a view to adopting Council Regulation (EC) No. /98, of. establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste (98/C 333/01) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 130s(1) thereof, Having regard to the proposal from the Commission, Having regard to the opinion of the Economic and Social Committee (1), Acting in accordance with the procedure laid down in Article 189c of the Treaty (2), Whereas Article 1(3)(a) of 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 (3) excludes from the scope of application of that Regulation shipments of waste destined for recovery only and listed in Annex II thereto, except as provided for in, inter alia, Article 17(1), (2) and (3); Whereas, in accordance with Article 17(1) of Regulation (EEC) No 259/93, the Commission has notified to every (1) OJ C 214, 10. 7. 1998, p. 74. (2) Opinion of the European Parliament of 17 July 1997 (OJ C 286, 22. 9. 1997, p. 231), Council Common Position of 4 June 1998 and European Parliament Decision of. (not yet published in the Official Journal). (3) OJ L 30, 6. 2. 1993, p. 1. Regulation as last amended by Regulation (EC) No 120/97 (OJ L 22, 24. 1. 1997, p. 14). the control of country to which the OECD Council Decision of transfrontier 30 March 1992 on movements of waste destined for recovery operation does not apply the list of waste set out in Annex II to the said Regulation and has requested confirmation that such waste is not subject to control in the country of destination, or has asked that such countries indicate whether such waste should be subject to the control procedures which apply to waste listed in Annex III or IV to the said Regulation or to the procedure laid down in Article 15 thereof; Whereas certain countries have indicated that such waste should be subject to one or other of those control procedures and the Commission on 20 July 1994, pursuant to the provisions of Article 17(3) of the said Regulation adopted Decision 94/575/EC (4) to determine the appropriate control procedures; Whereas the second subparagraph of Article 17(1) of Regulation (EEC) No 259/93 provides that if such confirmation is not received, the Commission is to make appropriate proposals to the Council; whereas it is therefore necessary to establish, on a Community-wide basis, a system to regulate trade in such waste from the Community by establishing the appropriate common rules and procedures relating to exports thereof; Whereas, in the case of countries which have replied that they do not wish to receive some or all types of waste (4) OJ L 220, 25. 8. 1994, p. 15. C 333/2 EN Official Journal of the European Communities 30. 10. 98 listed in Annex II to the said Regulation, their will must be respected and therefore those types of waste cannot be exported to those countries; respect to those categories of waste destined for recovery only and in Annex II to Regulation (EEC) No 259/93. listed Whereas, in the case of countries which have not replied, silence cannot be taken as implying consent and therefore it is appropriate to adopt a similar regulatory framework in order to enable such countries to evaluate such shipments on a case-by-case basis; Whereas, in the case of countries which have replied that they do not wish to receive some or all types of waste listed in Annex II or have not replied, the possibility exists that they will change their position, or will reply in the future, and a mechanism must, therefore, exist within a comitology procedure, to change this Regulation; taking Whereas the Commission will, as soon as possible, and at the latest before 1 July 1998, review and amend Annex II full (EEC) No 259/93 to Regulation 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 (1), and any list of wastes characterised as hazardous for the purposes of the Basle Convention, and will (EEC) No 259/93 accordingly; adapt Regulation into Whereas with regard to shipments to ACP countries, Article 39 of the Fourth ACP-EC Convention prohibits exports of all waste listed in Annexes I and II of the Basle Convention; whereas, furthermore, certain items of such waste can be found in Annex II to Regulation (EEC) No 259/93; whereas, in these circumstances and in order to respect the Community’s international obligations shipments of such items to ACP countries have to be prohibited; Whereas it must be made clear that such items are excluded from the scope of this Regulation; Whereas the arrangements covered by this Regulation should be the Commission, to periodic review by subject HAS ADOPTED THIS REGULATION: Article 1 The export of waste listed in Annex II to Regulation (EEC) No 259/93 and mentioned in Annex A to this Regulation to countries listed in said Annex A shall be prohibited. Article 2 The control procedure laid down in Article 15 of Regulation (EEC) No 259/93 shall apply to exports to the countries listed in Annex B to this Regulation with (1) OJ L 377, 31. 12. 1991, p. 20. Directive amended by Directive 94/31/EC (OJ L 168, 2. 7. 1994, p. 28). Article 3 In accordance with Article 39 of the Fourth ACP-EC Convention shipments of waste listed in Annex C to this Regulation to ACP countries are prohibited. Article 4 1. On request by the country of destination the control procedure applicable to that country under this Regulation shall be amended in accordance with this Article. 2. The Commission shall determine, in accordance with the procedure laid down in Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (2), which of the control procedures shall apply, that is to say: (i) the procedure applicable in Annex III or Annex IV to Regulation (EEC) No 259/93, or to wastes listed (ii) the procedure laid down in Article 15 of Regulation (EEC) No 259/93, or (iii) none of the procedures referred to in paragraphs (i) and (ii) above. 3. The Commission shall inform the Member States of the change of position of a country of destination within 21 days of receipt of the request from that country and shall submit its proposed determination to the committee established under said Article 18 of Directive 75/442/EEC as soon as possible with three months of receipt of the request. 4. Furthermore, where there is any other exceptional change of circumstances, for example war, natural disaster or a trade embargo decided by the United Nations, which would affect the control procedure applicable under this Regulation, this control procedure may be amended. The Commission may determine, after consultation with the country of destination, as appropriate, and in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC, which of the procedures referred to in paragraph (2) of this Article shall apply. laid down 5. The Commission shall, in accordance with the in Article 18 of Directive procedure 75/442/EEC, regularly review Annexes A, B and C of this Regulation, in order to bring them into line with the amendments made to the Annexes to Regulation (EEC) (2) OJ L 194, 25. 7. 1975, p. 39. Directive as last amended by Commission Decision 96/350/EC (OJ L 135, 6. 6. 1996, p. 32). 30. 10. 98 EN Official Journal of the European Communities C 333/3 No 259/93 or, in relation to said Annex C, any changes to Annexes I and II of the Basle Convention or to the Fourth ACP-EC Convention. Article 5 The control procedures established by this Regulation shall be subject to periodic review by the Commission and for the first time no later than 31 December 1998, taking into account the experience gained. If the results of the review lead to the conclusion that it would be appropriate, the Commission may, without prejudice to the provisions of Article 4, make new proposals to the Council. Article 6 This Regulation shall enter into force on the 90th day following its publication in the Official Journal of the European Communities. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at. For the Council The President C 333/4 EN Official Journal of the European Communities 30. 10. 98 ANNEX A Countries and territories which have indicated to the Commission that they do not wish to receive shipments for recovery of certain types of waste listed in Annex II to Council Regulation (EEC) No 259/93 (1) ALBANIA: All types except: 1. in section GA (‘Metal and metal-alloy wastes in metallic, non-dispersible form’): (a) the following ferrous waste and scrap of iron and steel: GA 040 GA 050 GA 060 GA 070 GA 080 GA 090 GA 100 7204 10 waste and scrap of cast iron 7204 21 waste and scrap of stainless steel 7204 29 waste and scrap of other alloy steels 7204 30 waste and scrap of tinned iron or steel 7204 41 turnings, shavings, chips, milling waste, filings, trimmings and stampings, whether or not in bundles 7204 49 other ferrous scrap and waste 7204 50 remelting scrap ingots GA 110 ex 7302 10 used iron and steel rails (b) the following waste and scrap of non-ferrous metals and their alloys: GA 120 GA 150 GA 160 GA 170 7404 00 copper waste and scrap 7802 00 lead waste and scrap 7902 00 zinc waste and scrap 8002 00 tin waste and scrap 2. in section GB (‘Metal bearing wastes arising from melting, smelting and refining of metals’): GB 010 GB 020 GB 021 GB 022 GB 023 GB 024 GB 025 GB 030 2620 11 hard zinc spelter zinc containing drosses: — galvanising slab zinc top dross (. 90 % Zn) — galvanising slab zinc bottom dross (. 92 % Zn) — zinc die casting dross (. 85 % Zn) — hot dip galvanisers slab zinc dross (batch) (. 92 % Zn) — zinc skimmings aluminium skimmings GB 040 ex 2620 90 slag from precious metals and copper processing for further refining 3. in section GC (‘Other wastes containing metals’): GC 060 2618 00 granulated slag arising from the manufacture of iron and steel 4. all types in section GE (‘Glass waste in non-dispersible form’) 5. in section GG (‘Other wastes containing principally inorganic constituents, which may contain metals and organic materials’): GG 070 3103 20 basic slag arising from the manufacture of iron or steel suitable for phosphate fertiliser and other use GG 080 ex 2621 00 slag from copper production, chemically stabilised, having a high iron content (above 20 %) and processed according to industrial specifications (e. g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications (1) Further updating of Annexes A and B could be necessary in view of future changes in the position of countries of destination. These changes will be reflected in the final text of the Regulation. 30. 10. 98 EN Official Journal of the European Communities C 333/5 6. all types in section GI (‘Paper, paperboard and paper product waste’) 7. in section GJ (‘Textile waste’): GJ 020 5103 waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock: GJ 021 GJ 022 GJ 023 GJ 030 GJ 031 GJ 032 GJ 033 5103 10 — noils of wool or of fine animal hair 5103 20 — other waste of wool or of fine animal hair 5103 30 — waste of coarse animal hair 5202 cotton waste (including yarn waste and garnetted stock): 5202 10 — yarn waste (including thread waste) 5202 91 — garnetted stock 5202 99 — other ANDORRA: BAHAMAS: BARBADOS: BELIZE: BENIN: BHUTAN: BOLIVIA: BOTSWANA: All types All types All types All types All types All types All types All types BRAZIL: All types except: 1. in section GA (‘Metal and metal-alloy wastes in metallic, non dispersible form’): (a) the following ferrous waste and scrap of iron and steel: GA 040 GA 050 GA 060 GA 070 GA 080 GA 090 GA 100 7204 10 waste and scrap of cast iron 7204 21 waste and scrap of stainless steel 7204 29 waste and scrap of other alloy steels 7204 30 waste and scrap of tinned iron or steel 7204 41 turnings, shavings, chips, milling waste, filings, trimmings and stampings, whether or not in bundles 7204 49 other ferrous scrap and waste 7204 50 remelting scrap ingots (b) the following waste and scrap of non-ferrous metals and their alloys: GA 120 GA 130 GA 140 GA 150 GA 160 7404 00 copper waste and scrap 7503 00 nickel waste and scrap 7602 00 aluminium waste and scrap 7802 00 lead waste and scrap 7902 00 zinc waste and scrap GA 190 ex 8102 91 molybdenum waste and scrap GA 200 ex 8103 10 tantalum waste and scrap GA 210 8104 20 magnesium waste and scrap GA 250 ex 8108 10 titanium waste and scrap GA 280 ex 8111 00 manganese waste and scrap GA 300 ex 8112 20 chromium waste and scrap GA 320 ex 8112 40 vanadium waste and scrap 2. in section GC (‘Other wastes containing metals’): GC 060 2618 00 granulated slag arising from the manufacture of iron and steel GC 070 ex 2619 00 slag arising from the manufacture of iron and steel (1) (1) This entry covers the use of such slag as a source of titanium dioxide and vanadium. C 333/6 EN Official Journal of the European Communities 30. 10. 98 BURKINA FASO: CAPE VERDE: CHAD: CHILE: CHINA: All types All types All types All types 1. in section GA (‘Metal and metal-alloy wastes in metallic, non-dispersible form’): (a) the following waste and scrap of non-ferrous metals and their alloys: GA 390 ex 2844 30 thorium waste and scrap GA 420 ex 2805 30 rare earths waste and scrap 2. In section GC (‘Other wastes containing metals’): GC 050 GC 051 GC 052 GC 053 spent catalysts: — fluid catalytic cracking (FCC) catalysts — precious metal bearing catalysts — transition metal catalysts (e. g. chromium, cobalt, copper, iron, nickel, manganese, molybdenum, tungsten, vanadium, zinc) GC 060 GC 070 ex 2619 00 slag arising from the manufacture of iron and steel (1) 2618 00 granulated slag arising from the manufacture of iron and steel 3. ALL types of waste in section GD (‘Wastes from mining operations: these wastes to be in non-dispersable form’) 4. ALL types of waste in section GG (‘Other wastes containing principally inorganic constituents, which may contain metals and organic materials’) 5. in section GJ (‘Textile wastes’): GJ 120 6309 00 worn clothing and other worn textile articles GJ 130 ex 6310 used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials: GJ 131 ex 6310 10 — sorted GJ 132 ex 6310 90 — other 6. in section GM (‘Wastes arising from the agro-food industries’): GM 110 ex 0511 91 Fish waste 7. ALL types in section GO (‘Other wastes containing principally organic constituents, which may contain metals and inorganic materials’) COLOMBIA: 1. in section GA (‘Metal and metal-alloy wastes in metallic, non-dispersible form’): (a) the following waste and scrap of non-ferrous metals and their alloys: GA 120 GA 130 GA 140 GA 150 GA 160 GA 170 7404 00 copper waste and scrap 7503 00 nickel waste and scrap 7602 00 aluminium waste and scrap 7802 00 lead waste and scrap 7902 00 zinc waste and scrap 8002 00 tin waste and scrap GA 180 ex 8101 91 tungsten waste and scrap GA 190 ex 8102 91 molybdenum waste and scrap GA 200 ex 8103 10 tantalum waste and scrap (1) This entry covers the use of such slag as a source of titanium dioxide and vanadium. 30. 10. 98 EN Official Journal of the European Communities C 333/7 GA 210 8104 20 magnesium waste and scrap GA 220 ex 8105 10 cobalt waste and scrap GA 230 ex 8106 00 bismuth waste and scrap GA 240 ex 8107 10 cadmium waste and scrap GA 250 ex 8108 10 titanium waste and scrap GA 260 ex 8109 10 zirconium waste and scrap GA 270 ex 8110 00 antimony waste and scrap GA 280 ex 8111 00 manganese waste and scrap GA 290 ex 8112 11 beryllium waste and scrap GA 300 ex 8112 20 chromium waste and scrap GA 310 ex 8112 30 germanium waste and scrap GA 320 ex 8112 40 vanadium waste and scrap ex 8112 91 wastes and scrap of: GA 330 GA 340 GA 350 GA 360 GA 370 GA 380 — hafnium — indium — niobium — rhenium — gallium — thallium GA 390 ex 2844 30 thorium waste and scrap GA 400 ex 2804 90 selenium waste and scrap GA 410 ex 2804 50 tellurium waste and scrap GA 420 ex 2805 30 rare earths waste and scrap 2. in section GB (‘Metal bearing wastes arising from melting, smelting and refining of metals’): GB 040 ex 2620 90 Slag from precious metals and copper processing for further refining 3. in section GC (‘Other wastes containing metals’): GC 070 ex 2619 00 Slag arising from the manufacture of iron and steel (1) 4. in section GD (‘Waste from mining operations: these wastes to be in non-dispersible form’): GD 040 ex 2529 30 leucite, nepheline and nepheline syenite waste GD 050 ex 2529 10 feldspar waste GD 060 ex 2529 21 ex 2529 22 fluospar waste 5. in section GG (‘Other wastes containing principally inorganic constituents, which may contain metals and organic materials’): GG 030 ex 2621 bottom ash and scag tap from coal fired power plants GG 040 ex 2621 coal fired power plants fly ash GG 060 ex 2803 spent activated carbon GG 070 3103 20 basic slag arising from the manufacture of iron or steel suitable for phosphate fertiliser and other use GG 080 ex 2621 00 slag from copper production, chemically stabilised, having a high iron content (above 20 %) and processed according to industrial specifications (e. g. DIN 4301 and DIN 8201) mainly for construction and abrasive applications GG 100 limestone from the production of calcium cyanamide (having a pH less than 9) (1) This entry covers the use of such slag as a source of titanium dioxide and vanadium. C 333/8 EN Official Journal of the European Communities 30. 10. 98 6. in section GH (‘Solid plastic waste’): GH 013 ex 3915 30 waste, parings and scrap of plastics of polymers vinyl chloride GH 015 ex 3915 90 waste, parings and scrap of plastics of resins or condensation products e. g. : — urea formaldehyde resins — phenol formaldehyde resins — melamine formaldehyde resins — epoxy resins — alkyd resins — polyamides 7. in section GJ (‘Textile wastes’): GJ 050 ex 5302 90 tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L. ) 8. in section GK (‘Rubber wastes’): GK 020 4012 20 used pneumatic tyres GK 030 ex 4017 00 waste and scrap of hard rubber (e. g. ebonite) 9. in section GO (‘Other wastes containing principally organic constituents, which may contain metals and inorganic materials’): GO 040 waste photografic film base and waste photografic film not containing silver GO 050 single use cameras without batteries COMOROS: COSTA RICA: DOMINICA: DJIBOUTI: EGYPT: FIJI: GAMBIA: GHANA: GUYANA: KIRIBATI: KUWAIT: LEBANON: MALAWI: MALDIVES: MOLDOVA: MONGOLIA: All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types MOZAMBIQUE: All types All types All types All types All types MYANMAR: NIGERIA: NICARAGUA: NIGER: PAKISTAN: 1. in section GK (‘Rubber wastes’): GK 020 4012 20 used pneumatic tyres 30. 10. 98 EN Official Journal of the European Communities C 333/9 2. in section GM (‘Waste arising from agro-food industries’): GM 070 ex 2307 wine lees 3. in section GN (‘Waste arising from tanning and fellmongery operations and leather use’): GN 010 ex 0502 00 ‘waste of pigs’, hogs’ or boars’ bristles and hair or of badger hair and other brush-making hair’ PAPUA NEW GUINEA: All types PARAGUAY: All types except: 1. all types in section GI (‘Paper, paperboard and paper product wastes’) 2. in section GJ (‘Textile wastes’): GJ 012 GJ 031 GJ 032 5003 90 other silk waste 5202 10 yarn waste (including thread waste) of cotton waste 5202 91 garnetted stock of cotton waste 3. in section GL (‘Untreated cork and wood wastes’): GL 020 4501 90 cork waste; crushed, granulated or ground cork PERU: All types REPUBLIC OF KOREA: All types except: 1. in section GA (‘Metal and metal-alloy waste in metallic non-dispersible form’): GA 120 GA 130 GA 140 GA 160 GA 170 7404 00 copper waste and scrap 7503 00 nickel waste and scrap 7602 00 aluminium waste and scrap 7902 00 zinc waste and scrap 8002 00 tin waste and scrap GA 240 ex 8107 10 cadmium waste and scrap 2. Section GH (‘Solid plastic wastes’) 3. in section GK (‘Rubber wastes’): GK 010 4004 00 waste, parings and scrap of rubber (other than hard rubber) and granules GK 030 ex 4017 00 waste and scrap of hard rubber (for example, ebonite) obtained therefrom SÃO TOME-AND-PRINCIPE: All types except: in section GJ (‘Textile wastes’): GJ 111 5505 10 waste (including noils, yarn waste and waste and garnetted stock) of synthetic fibres GJ 120 6309 00 worn clothing and other worn textile articles GJ 130 ex 6310 used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials: GJ 131 ex 6310 10 — sorted GJ 132 ex 6310 90 — other SAUDI ARABIA: All types SENEGAL: All types SEYCHELLES: All types C 333/10 EN Official Journal of the European Communities 30. 10. 98 SINGAPORE: All types except: 1. in section GA (‘Metal and metal-alloy wastes in metallic, non-dispersible form’): (a) the following waste and scrap of precious metals and their alloys: GA 010 ex 7112 10 — of gold GA 020 ex 7112 20 — of platinum (the expression ‘platinum’ includes platinum, iridium, osmium, palladium, rhodium and rutherium) GA 030 ex 7112 90 — of other precious metals, e. g. ; silver NB: Mercury is specifically excluded as a contaminant of these metals or their alloys or amalgams. (b) the following ferrous waste and scrap of iron or steel: GA 040 GA 050 GA 060 7204 10 — waste and scrap of cast iron 7204 21 — waste and scrap of stainless steel 7204 29 — waste and scrap of of other alloy steels (c) the following waste and scrap of non-ferrous metals and their alloys: 8002 00 tin waste and scrap 7404 00 copper waste and scrap 7503 00 nickel waste and scrap 7602 00 aluminium waste and scrap GA 120 GA 130 GA 140 GA 150 ex 7802 00 lead waste and scrap GA 170 GA 190 ex 8102 91 molybdenum waste and scrap GA 250 ex 8108 10 titanium waste and scrap GA 260 ex 8109 10 zirconium waste and scrap GA 280 ex 8111 00 manganese waste and scrap GA 300 ex 8112 20 chromium waste and scrap GA 320 ex 8112 40 vanadium waste and scrap GA 350 ex 8112 91 waste and scrap of niobium 2. in section GC (‘Other wastes containing metals’): GC 060 GC 070 ex 2619 00 slag arising from the manufacture of iron and steel (1) 2618 00 granulated slag arising from the manufacture of iron and steel 3. in section GD (‘Waste from mining operations: these wastes to be in non-dispersible form’): GD 020 ex 2514 00 slate waste, whether or not roughly trimmed or merely cut by sawing or otherwise ST LUCIA: All types ST VINCENT AND THE GRENADINES: All types VANUATU: WESTERN SAMOA: TAIWAN: All types All types in section GA (‘Metal and metal-alloy wastes in metallic, non-dispersible form’): GA 090 7204 49 Other ferrous scrap and waste TANZANIA: TUVALU: UGANDA: All types All types All types (1) This entry covers the use of such slag as a source of titanium dioxide and vanadium. 30. 10. 98 EN Official Journal of the European Communities C 333/11 ANNEX B Countries and territories which have not responded to the Commission’s communication on shipments for recovery of certain types of waste listed in Annex II to Council Regulation (EEC) No 259/93 (1) AFGHANISTAN: ALGERIA: ANGOLA: ANTIGUA AND BARBUDA: ARMENIA: AZERBAIJAN: BAHRAIN: BANGLADESH: BRUNEI: BURUNDI: CAMBODIA: CAMEROON: CENTRAL AFRICAN REPUBLIC: CONGO: DEMOCRATIC REPUBLIC OF THE CONGO: COTE d’IVOIRE: DOMINICAN REPUBLIC: ECUADOR: EL SALVADOR: EQUITORIAL GUINEA: ERITREA: ETHIOPIA: GABON: GUATEMALA: GUINEA: GUINEA-BISSAU: HAITI: HONDURAS: KAZAKHSTAN: All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types KENYA: KYRGYSTAN: LAOS: LESOTHO: MALI: MAURITANIA: MOROCCO: NAMIBIA: NEPAL: OMAN: PANAMA: QATAR: RUSSIAN FEDERATION: RWANDA: ST. KITTS AND NEVIS: SOLOMON ISLANDS: SUDAN: SWAZILAND: SYRIA: TAJIKISTAN: TONGA: TURKMENISTAN: UKRAINE: UZBEKISTAN: VATIKAN CITY: VENEZUELA: VIETNAM: YEMEN: ZIMBABWE: All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types All types (1) Further updating of Annexes A and B could be necessary in view of future changes in the position of countries of destination. These changes will be reflected in the final text of the Regulation. C 333/12 EN Official Journal of the European Communities 30. 10. 98 ANNEX C (1) Green list GA 150 GA 240 GA 270 GA 290 GA 380 GA 400 GA 410 waste and scrap of lead waste and scrap of cadmium waste and scrap of antimony waste and scrap of beryllium waste and scrap of of thallium waste and scrap of selenium waste and scrap of tellurium Basle Convention Y 31 Y 26 Y 27 Y 20 Y 30 Y 25 Y 28 (1) Drawn up on. (date of adoption of the Regulation). 30. 10. 98 EN Official Journal of the European Communities C 333/13 STATEMENT OF THE COUNCIL’S REASONS I. INTRODUCTION 1. On 13 June 1995 the Commission forwarded to the Council its initial proposal for a Council Regulation establishing common rules and procedures to apply to the shipments to certain non-OECD countries of certain types of waste, based on Article 113 of the EC Treaty (1). 2. On 20 January 1997 the Council concluded that Article 130s(1) jointly with Article 113 was the appropriate legal basis for the present Regulation. Following this change of legal basis the European Parliament was consulted and delivered its opinion on 17 July 1997 (2), proposing 10 amendments. The Economic and Social Committee delivered its opinion on 29 April 1998 (3). 3. The Commission, further to the European Parliament’s opinion, submitted its amendment proposal to the Council on 28 January 1998 (4). 4. On 4 June 1998 the Council adopted a Common Position in accordance with Article 189c of the Treaty. II. OBJECTIVE 5. The proposal, drawn up in accordance with Article 17(1) of Council Regulation (EEC) No 259/93, aims at defining the procedures to be followed with non-OECD countries which have either indicated that they do not wish to receive shipments for recovery of certain types of waste appearing on the ‘Green list’ of Regulation (EEC) No 259/93 or have not responded to the Commission’s communication on shipments for recovery of certain types of waste appearing on the Green list of Regulation (EEC) No 259/93. III. ANALYSIS OF THE COMMON POSITION 6. Although the Common Position is largely based on the Commission’s amended proposal, in examining this proposal and reaching its common position the Council has tried to retain procedures that are better suited to the needs and circumstances of non-OECD countries. The main changes to the text of the proposal are the following: Article 2 The so-called ‘Red list’ (Annex IV to Regulation (EEC) No 259/93) procedure proposed by the Commission appears to be needlessly cumbersome and the Council prefers to retain the more flexible procedure laid down in Article 15 of Regulation (EEC) No 259/93. Article 3 In order to make this Regulation as self-contained as possible it was deemed useful to list (in a new Annex C) the wastes which may not be exported to ACP countries under Article 39 of the ACP-EC (Lomé) Convention. (1) Doc. COM(94) 678 final. (2) OJ C 286, 22. 9. 1997, p. 231. (3) OJ C 214, 10. 7. 1998, p. 74. (4) Doc. COM(97) 685 final. C 333/14 EN Official Journal of the European Communities 30. 10. 98 Articles 4 and 5 These two Articles have been re-arranged in order to make a clear distinction between: — amendments of control procedures resulting from a change of position of a country of destination (Article 4(1), (2) and (3) or from a change of circumstances affecting this country (Article 4(4), and review (Article 4(5)) of Annexes A, B and C, in accordance with the (comitology) procedure laid down in Article 18 of Directive 75/442/EEC, — and periodic review of the control procedure established by this Regulation, which may lead to new proposals to the Council (Article 5). Article 6 The date of entry into force of this Regulation has been slightly postponed (from 20 to 90 days following its publication in the Official Journal of the Communities) to take into account the time necessary for its implementation. Annexes Annexes A and B may need to be further updated in view of future changes in the positions of countries of destination