98/368/EC: Commission Decision of 18 May 1998 adapting, pursuant to Article 42(3), Annexes II and III to Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (notified under document number C(1998) 1357) (Text with EEA relevance)
L 165/20 ‹ EN ‹ Official Journal of the European Communities 10. 6. 98 COMMISSION COMMISSION DECISION of 18 May 1998 adapting, pursuant to Article 42(3), Annexes II and III to Council Regulation (EEC) No 259/93 on the supervision and control of shipments of waste within, into and out of the European Community (notified under document number C(1998) 1357) (Text with EEA relevance) (98/368/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 (1), as amended by Commission Decision 94/721/EC (2) and 96/660/EC (3), and in particular Article 42(3) thereof, Having regard to Council Directive 75/442/EEC of 15 July 1975 on waste (4), as last amended by Commission Decision 96/350/EC (5), and in particular Article 18 thereof, Whereas, in accordance with Article 42(3) of Regulation (EEC) No 259/93, Annexes II, III and IV have to be adapted to reflect only those changes already agreed under the review mechanism of the OECD; Whereas the Council of the OECD (6) has decided in the framework of the review mechanism to modify the green and amber lists of wastes; Whereas it is necessary to modify Annex II of the Regula- tion to reflect these modifications; Whereas the Commission, in order to adapt Annexes II, III and IV to the Regulation is assisted in this task by the the Committee established pursuant Council Directive 75/442/EEC of 15 July 1975 on waste, as amended; to Article 18 of Whereas the measures envisaged by this Decision are in accordance with the opinion expressed by the aforemen- tioned Committee, HAS ADOPTED THIS DECISION: Article 1 Annexes II and III to Regulation (EEC) No 259/93 are hereby replaced by the Annexes to the present Decision. Article 2 This Decision is addressed to the Member States. Done at Brussels, 18 May 1998. For the Commission Ritt BJERREGAARD Member of the Commission (1) OJ L 30, 6. 2. 1993, p. 1. (2) OJ L 288, 9. 11. 1994, p. 36. (3) OJ L 304, 27. 11. 1996, p. 15. (4) OJ L 194, 25. 7. 1975, p. 47. (5) OJ L 135, 6. 6. 1996, p. 32. (6) OECD Council, 10 December 1996, Doc. Ref. C(96)231/final 10. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 165/21 ANNEX ‘ANNEX II GREEN LIST OF WASTES (*) Regardless of whether or not wastes are included on this list, they may not be moved as green wastes if they are contaminated by other materials to an extent which (a) increases the risks associated with the waste suffi- ciently to render it appropriate for inclusion in the amber or red lists, or (b) prevents the recovery of the waste in an environmentally sound manner. GA. METAL AND METAL-ALLOY WASTES IN METALLIC, NON-DISPERSIBLE FORM (**) The following waste and scrap of precious metals and their alloys: GA 010 GA 020 ex 7112 10 ex 7112 20 — Of gold — Of platinum (the expression “platinum” includes platinum, iridium GA 030 ex 7112 90 — Of other precious metal, e. g. silver osmium, palladium, rhodium and ruthenium) NB: Mercury is specifically excluded as a contaminant of these metals or their alloys or amalgams. The following ferrous waste and scrap of iron or steel: GA 040 GA 050 GA 060 GA 070 GA 080 GA 090 GA 100 GA 110 7204 10 7204 21 7204 29 7204 30 7204 41 7204 49 7204 50 ex 7302 10 Waste and scrap of cast iron Waste and scrap of stainless steel Waste and scrap of other alloy steels Waste and scrap of tinned iron or steel Turnings, stampings, whether or not in bundles Other ferrous waste and scrap Re-melting scrap ingots Used iron and steel rails shavings, chips, milling waste, The following waste and scrap of non-ferrous metals and their alloys: filings, trimmings and GA 120 GA 130 GA 140 GA 150 GA 160 GA 170 GA 180 GA 190 GA 200 GA 210 GA 220 GA 230 GA 240 7404 00 7503 00 7602 00 7802 00 7902 00 8002 00 ex 8101 91 ex 8102 91 ex 8103 10 8104 20 ex 8105 10 ex 8106 00 ex 8107 10 Copper waste and scrap Nickel waste and scrap Aluminium waste and scrap Lead waste and scrap Zinc waste and scrap Tin waste and scrap Tungsten waste and scrap Molybdenum waste and scrap Tantalum waste and scrap Magnesium waste and scrap (excluding those listed in AA 190) Cobalt waste and scrap Bismuth waste and scrap Cadmium waste and scrap (*) Wherever possible, the code number of the Harmonised Commodity Description and Coding System, established by the Brussels Convention of 14 June 1983 under the auspices of the Customs Cooperation Council (Harmonised System) is listed opposite an entry. This code may apply to both wastes and products. This Regulation does not include items which are not wastes. Therefore, the code — used by customs officials in order to facilitate their procedures as well as by others — is only provided here to help in identifying wastes that are listed and subject to this Regulation. However, corresponding official Explanatory Notes as issued by the Customs Cooperation Council should be used as interpretative guidance to identify wastes covered by generic headings. The indicative “ex” identifies a specific item contained within a heading of the Harmonsied System code. The code in bold in the first column is the OECD code: it consists of two letters (one for the list: Green, Amber or Red and one for the category of waste: A, B, C,. ) followed by a number. (**) “Non-dispersible” does not include any wastes in the form of powder, sludge, dust or solid items containing encased hazardous waste liquids. L 165/22 ‹ EN ‹ Official Journal of the European Communities 10. 6. 98 GA 250 GA 260 GA 270 GA 280 GA 290 GA 300 GA 310 GA 320 GA 330 GA 340 GA 350 GA 360 GA 370 GA 400 GA 410 GA 420 ex 8108 10 ex 8109 10 ex 8110 00 ex 8111 00 ex 8112 11 ex 8112 20 ex 8112 30 ex 8112 40 ex 8112 91 Titanium waste and scrap Zirconium waste and scrap Antimony waste and scrap Manganese waste and scrap Beryllium waste and scrap Chromium waste and scrap Germanium waste and scrap Vanadium waste and scrap Wastes and scrap of: — Hafnium — Indium — Niobium — Rhenium — Gallium ex 2804 90 ex 2804 50 ex 2805 30 Selenium waste and scrap Tellurium waste and scrap Rare earth waste and scrap 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 GB 040 GB 050 2620 11 Hard zinc spelter Zinc containing drosses: — Galvanising slab zinc top dross (; 90 % Zn) — Galvanising slab zinc bottom dross (; 92 % Zn) — Zinc die cast dross (; 85 % Zn) — Hot dip galvanisers slab zinc dross (batch) (; 92 % Zn) — Zinc skimmings Aluminium skimmings ex 2620 90 ex 2620 90 Slags from precious metals and copper processing for further refining Tantalum bearing tin slags with less than 0,5 % tin GC. OTHER WASTES CONTAINING METALS GC 010 GC 020 GC 030 ex 8908 00 GC 040 GC 050 GC 060 Electrical assemblies consisting only of metals or alloys Electronic scrap (e. g. printed circuit boards, electronic components, wire, etc. ) and reclaimed electronic components suitable for base and precious metal recovery Vessels and other floating structures for breaking up, properly emptied of any cargo and other materials arising from the operation of the vessel which may have been classified as a dangerous substance or waste Motor vehicle wrecks, drained of liquids Spent fluid catalytic cracking (FCC) catalysts (e. g. aluminium oxide, zeo- lites) Spent metal bearing catalysts containing any of: — Precious metals: gold, silver — Platinum-group metals: ruthenium, rhodium, palladium, osmium, iridium, platinum — Transition metals: scandium, vanadium, manganese, cobalt, copper, iron, yttrium, niobium, hafnium, nickel, zinc, zirconium, molybdenum, tantalum, rhenium titanium, chromium, tungsten, — Lanthanides (rare earth metals): lanthanum, praseodymium, sam- arium, gadolinium, dysprosium, erbium, ytterbium, cerium, neo- dymium, europium, terbium, holmium, thulium, lutetium 10. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 165/23 GC 070 ex 2619 00 Slags arising from the manufacture of iron and carbon steel (including low alloy steel) excluding those slags which have been specifically produced to meet both national and relevant international requirements and standards (1) GC 080 Mill scale (ferrous metal) GD. WASTES FROM MINING OPERATIONS: THESE WASTES TO BE IN NON-DISPERSIBLE FORM GD 010 GD 020 GD 030 GD 040 GD 050 GD 060 GD 070 ex 2504 90 ex 2514 00 Natural graphite waste Slate waste, whether or not roughly trimmed or merely cut, by sawing or otherwise 2525 30 Mica waste ex 2529 30 ex 2529 10 ex 2529 21 ex 2529 22 ex 2811 22 Leucite, nepheline and nepheline syenite waste Feldspar waste Fluospar waste Silica wastes in solid form excluding those used in foundry operations GE. GLASS WASTE IN NON-DISPERSIBLE FORM GE 010 ex 7001 00 Cullet and other waste and scrap of glass except for glass from cath- ode-ray tubes and other activated glasses GE 020 Fibre glass wastes GF. CERAMIC WASTES IN NON-DISPERSIBLE FORM GF 010 GF 020 GF 030 Ceramic wastes which have been fired after shaping, including ceramic vessels (before and/or after use) ex 8113 00 Cermet waste and scrap (metal ceramic composites) Ceramic based fibres not elsewhere specified or included GG. OTHER WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS Partially refined calcium sulphate produced from flue gas desulphurisa- tion (FGD) Waste gypsum wallboard or plasterboard arising from the demolition of buildings Bottom ash and slag tap from coal-fired power plants Coal-fired power plants fly ash Anode butts of petroleum coke and/or bitumen Spent activated carbon, resulting from the treatment of potable water and processes of the food industry and vitamin production Slag from copper production, chemical stabilised, having a high iron content (above 20 %) and processed according to industrial specifica- tions (e. g. DIN 4301 and DIN 8201) mainly for construction and abra- sive applications Sulphur in solid form Limestone from production of calcium cyanamide (having a pH less than 9) GG 010 GG 020 GG 030 GG 040 GG 050 GG 060 ex 2621 ex 2621 ex 2803 GG 080 ex 2621 00 GG 090 GG 100 GG 110 GG 120 GG 130 GG 140 GG 150 ex 2621 00 Neutralised red mud from alumina production Sodium, potassium, calcium chlorides Carborundum (silicon carbide) Broken concrete ex 2620 90 Lithium-tantalum and lithium-niobium containing glass scraps (1) This entry covers the use of such slags as a source of titanium dioxide and vanadium. L 165/24 ‹ EN ‹ Official Journal of the European Communities 10. 6. 98 GH. SOLID PLASTIC WASTES Including, but not limited to: GH 010 GH 011 GH 012 GH 013 GH 014 3915 ex 3915 10 ex 3915 20 ex 3915 30 ex 3915 90 Waste, parings and scrap of plastics of: — Polymers of ethylene — Polymers of styrene — Polymers of vinyl chloride — Polymerized or co-polymers: for example: — Polypropylene — Polyethylene terephthalate — Acrylonitrile copolymer — Butadiene copolymer — Styrene copolymer — Plyamides — Polybutylene terephthalates — Polycarbonates — Polyphenylene sulphides — Acrylic polymers — Paraffins (C10-C13) (1) — Polyurethane (not containing chlorofluorocarbons) — Polysiloxalanes (silicones) — Polymethyl methacrylate — Polyvinyl alcohol — Polyvinyl butyral — Polyvinyl acetate — Polymers of fluorinated ethylene (Teflon, PTFE) GH 015 ex 3915 90 — Resins or condensation products, for example: — Urea formaldehyde resins — Phenol formaldehyde resins — Melamine formaldehyde resins — Epoxy resins — Alkyd resins — Polyamides GI. PAPER, PAPERBOARD AND PAPER PRODUCT WASTES GI 010 GI 011 4707 4707 10 Waste and scrap of paper or paperboard: — Of unbleached kraft paper or paperboard or of corrugated paper or paperboard GI 012 4707 20 — Of other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass GI 013 4707 30 — Of paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter) GI 014 4707 90 — Other, including but not limited to: 1. Laminated paperboard 2. Unsorted waste and scrap GJ. TEXTILE WASTES GJ 010 5003 GJ 011 GJ 012 GJ 020 GJ 021 GJ 022 GJ 023 5003 10 5003 90 5103 5103 10 5103 20 5103 30 Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock) — Not carded or combed — Other Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock — Noils of wool or of fine animal hair — Other waste of wool or of fine animal hair — Waste of coarse animal hair (1) These cannot be polymerised and are used as plasticisers. 10. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 165/25 GJ 030 GJ 031 GJ 032 GJ 033 GJ 040 GJ 050 5202 5202 10 5202 91 5202 99 5301 30 ex 5302 90 GJ 060 ex 5303 90 GJ 070 ex 5304 90 GJ 080 ex 5305 19 GJ 090 ex 5305 29 GJ 100 ex 5305 99 GJ 110 5505 GJ 111 GJ 112 GJ 120 GJ 130 GJ 131 GJ 132 5505 10 5505 20 6309 00 ex 6310 ex 6310 10 ex 6310 90 GK. RUBBER WASTES GK 010 4004 00 Cotton waste (including yarn waste and garnetted stock) — Yarn waste (including thread waste) — Garnetted stock — Other Flax tow and waste Tow and waste (including yarn waste and garnetted stock) of true hemp (Cannabis sativa L. ) Tow and waste (including yarn waste and garnetted stock) of jute and other textile bast fibres (excluding flax, true hemp and ramie) Tow and waste (including yarn waste and garnetted stock) of sisal and other textile fibres of the genus Agave Tow, noils and waste (including yarn waste and garnetted stock) of coconut Tow, noils and waste (including yarn waste and garnetted stock) of abaca (Manila hemp or Musa textilis Nee) Tow, noils and waste (including yarn waste and garnetted stock) of ramie and other vegetable textile fibres, not elsewhere specified or included Waste (including noils, yarn waste and garnetted stock) of man-made fibres — Of synthetic fibres — Of artificial fibres Worn clothing and other worn textile articles Used rags, scrap twine, cordage, rope and cables and worn out articles of twine, cordage, rope or cables of textile materials — Sorted — Other Waste, parings and scrap of rubber (other than hard rubber) and granules obtained therefrom GK 020 GK 030 4012 20 Used pneumatic tyres ex 4017 00 Waste and scrap of hard rubber (for example, ebonite) GL. UNTREATED CORK AND WOOD WASTES GL 010 ex 4401 30 Wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms GL 020 4501 90 Cork waste; crushed, granulated or ground cork GM. WASTES ARISING FROM AGRO-FOOD INDUSTRIES GM 070 GM 080 ex 2307 ex 2308 GM 090 1522 GM 100 0506 90 Wine lees Dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, of a kind used in animal feeding, not else- where specified or included Degras; residues resulting from the treatment of fatty substances or animal or vegetable waxes Waste of bones and horn-cones, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised GM 110 GM 120 GM 130 ex 0511 91 Fish waste 1802 00 Cocoa shells, husks, and other cocoa waste Waste from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption L 165/26 ‹ EN ‹ Official Journal of the European Communities 10. 6. 98 GN. WASTES ARISING FROM TANNING AND FELLMONGERY OPERATIONS AND LEATHER USE GN 010 ex 0502 00 GN 020 ex 0503 00 GN 030 ex 0505 90 GN 040 ex 4110 00 Waste of pigs’, hogs’ or boars’ bristles and hair or of badger hair and other brushmaking hair Horsehair waste, whether or not put up as a layer with or without supporting material Waste of skins and other parts of birds, with their feathers or down, of feathers and parts of feathers (whether or not with trimmed edges) and down, not further worked than cleaned, disinfected or treated for preser- vation Parings and other waste of leather or of composition leather, not suitable for the manufacture of leather articles, excluding leather sludges GO. OTHER WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS ex 0501 00 GO 010 GO 020 GO 030 GO 040 GO 050 Waste of human hair Waste straw Deactivated fungus mycelium from penicillin production to be used as animal feed Waste photographic film base and waste photographic film not con- taining silver Single-use cameras without batteries 10. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 165/27 ANNEX III AMBER LIST OF WASTES (*) Regardless of whether or not wastes are included on this list, they may not be moved as amber wastes if they are contaminated by other materials to an extent which (a) increases the risks associated with the waste suffi- ciently to render it appropriate for inclusion in the red list, or (b) prevents the recovery of the waste in an environmentally sound manner. AA. METAL BEARING WASTES AA 010 ex 2619 00 Dross, scalings and other wastes from the manufacture of iron and steel (**) ex 2620 19 2620 20 ex 2620 30 ex 2620 40 ex 2620 50 2620 90 ex 8112 91 ex 2804 80 ex 2805 40 AA 020 AA 030 AA 040 AA 050 AA 060 AA 070 AA 080 AA 090 AA 100 AA 110 AA 120 AA 130 AA 140 AA 150 AA 160 AA 161 AA 162 AA 170 AA 180 AA 190 8014 20 Zinc ashes and residues (**) Lead ashes and residues (**) Copper ashes and residues (**) Aluminium ashes and residues (**) Vanadium ashes and residues (**) Ashes and residues (**) containing metals or metal compounds not else- where specified or included Thallium waste scrap and residues (**) Arsenic waste and residues (**) Mercury waste and residues (**) Residues from alumina production not elsewhere specified or included Galvanic sludges Liquors from the pickling of metals Leaching residues from zinc processing, dusts and sludges such as jaro- site, hematite, goethite, etc. Precious metal bearing residues in solid form which contain traces of inorganic cyanides Precious metal ash, sludge, dust and other residues such as: — Ash from incineration of printed circuit boards — Photographic film ash Lead-acid batteries, whole or crushed Used batteries or accumulators, whole or crushed, other than lead-acid batteries, and waste and scrap arising from the production of batteries and accumulators, not otherwise specified or included Magnesium waste and scrap that is flammable, pyrophoric or emits, upon contact with water, flammable gases in dangerous quantities. AB. WASTES CONTAINING PRINCIPALLY INORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND ORGANIC MATERIALS AB 010 AB 020 AB 030 2621 00 Slag, ash and residues (**), not elsewhere specified or included Residues arising from the combustion of municipal/household wastes Wastes from non-cyanide based systems which arise from surface treat- ment of metals (*) Wherever possible, the code number of the Harmonised Commodity Description and Coding System, established by the Brussels Convention on 14 June 1983 under the auspices of the Customs Cooperation Council (Harmonised System) is listed opposite an entry. This code may apply to both wastes and products. This Regulation does not include items which are not wastes. Therefore, the code — used by customs officials in order to facilitate their procedures as well as by others — is only provided here to help in identifying wastes that are listed and subject to this Regulation. However, corresponding official Explanatory Notes as issued by the Customs Cooperation Council should be used as interpretative guidance to identify wastes covered by generic headings. The indicative “ex” identifies a specific item contained within a heading of the Harmonised System code. The code in bold in the first colum is the OECD: it consists of two letters (one for the list: Green, Amber or Red, and one for the category of waste: A, B, C,. ) followed by a number. (**) This listing includes wastes in the form of ash, residue, slag, dross, skimming, scaling, dust, powder, sludge and cake, unless a material is expressly listed elsewhere. L 165/28 ‹ EN ‹ Official Journal of the European Communities 10. 6. 98 AB 040 AB 050 AB 060 AB 070 AB 080 AB 090 AB 100 AB 110 AB 120 AB 130 AB 140 AB 150 ex 7001 30 ex 2529 21 Glass waste from cathode-ray tubes and other activated glasses Calcium fluoride sludge Other inorganic flourine compounds in the form of liquids or sludges Sands used in foundry operations Spent catalysts not on the green list Waste hydrates of aluminium Waste alumina Basic solutions Inorganic halide compounds, not elsewhere specified or included Used blasting grit Gypsum arising from chemical industry processes Unrefined calcium sulphite and calcium sulphate from flue gas desul- phurisation (FGD) AC. WASTES CONTAINING PRINCIPALLY ORGANIC CONSTITUENTS, WHICH MAY CONTAIN METALS AND INORGANIC MATERIALS AC 010 ex 2713 90 Waste from the production/processing of petroleum coke and bitumen, excluding anode butts AC 020 AC 030 AC 040 AC 050 AC 060 AC 070 AC 080 AC 090 AC 100 AC 110 AC 120 AC 130 AC 140 AC 150 AC 160 AC 170 AC 180 AC 190 AC 200 AC 210 AC 220 AC 230 AC 240 AC 250 AC 260 AC 270 Asphalt cement wastes Waste oils unfit for their originally intended use Leaded petrol (gasoline) sludges Thermal (heat transfer) fluids Hydraulic fluids Brake fluids Antifreeze fluids Waste from production, formulation and use of resins, latex, plasticizers, glues and adhesives ex 3915 90 Nitrocellulose Phenols, phenol compounds including chlorophenol liquids or sludges in the form of Polychlorinated naphtalenes Ethers Triethylamine catalyst for setting foundry sands Chlorofluorocarbons Halons Treated cork and wood wastes ex 4110 00 Leather dust, ash, sludges and flours Fluff — light fraction from automobile shredding Organic phosphorous compounds Non-halogenated solvents Halogenated solvents Halogenated or unhalogenated non-aqueous distillation residues arising from organic solvent recovery operations Wastes arising from the production of aliphatic halogenated hydrocar- bons (such as chloromethanes, dichloro-ethane, vinyl chloride, vinyli- dene chloride, allyl chloride and epichlorhydrin) Surface active agents (surfactants) Liquid pig manure; faeces Sewage sludge AD. WASTES WHICH MAY CONTAIN EITHER INORGANIC OR ORGANIC CONSTITUENTS AD 010 AD 020 Wastes from the production and preparation of pharmaceutical products Wastes from the production, formulation and use of biocides and phyto- pharmaceuticals 10. 6. 98 ‹ EN ‹ Official Journal of the European Communities L 165/29 AD 030 AD 040 AD 050 AD 060 AD 070 AD 080 AD 090 AD 100 AD 110 AD 120 AD 130 AD 140 AD 150 AD 160 AD 170 ex 2803 Wastes from the manufacture, formulation and use of wood preserving chemicals Wastes that contain, consist of or are contamined with any of the fol- lowing: — Inorganic cyanides, excepting precious metal-bearing residues in solid form containing traces of inorganic cyanides — Organic cyanides Waste oils/water, hydrocarbons/water mixtures, emulsions Wastes from production, formulation and use of inks, dyes, pigments, paints, lacquers, varnish Wastes of an explosive nature, when not subject to specific other legisla- tion Wastes from production, formulation and use of reprographic and photographic chemicals and materials not elsewhere specified or included Wastes from non-cyanide based systems which arise from surface treat- ment of plastics Acidic solutions Ion exchange resins Single-use cameras with batteries Wastes from industrial pollution control devices for cleaning of indus- trial off-gases, not elsewhere specified or included Naturally occuring organic material used as a filter medium (such as bio-filters) Municipal/household wastes Spent activated carbon having hazardous characteristics and resulting from its use in the inorganic chemical, organic chemical and pharma- ceutical industries, waste water treatment, gas/air cleaning processes and similar applications. ’