Decision on common position (EC) No 48/98 adopted by the Council with a view to adopting a Council Regulation establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste (5474/98 - C4-0538/98 95/0029(SYN))(Cooperation procedure: second reading)
C 150/76 EN Official Journal of the European Communities 28. 5. 1999 Tuesday 9 February 1999 21. Shipments to certain non-OECD countries of certain types of waste **II A4-0001/99 Decision on common position (EC) No 48/98 adopted by the Council with a view to adopting a Council Regulation establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste (5474/98 − C4-0538/98 − 95/0029(SYN)) (Cooperation procedure: second reading) The European Parliament, − having regard to the common position of the Council, 5474/98 − 95/0029(SYN) (1), − having regard to its opinion at first reading (2) on the Commission proposal to the Council, COM(94)0678, − having been consulted by the Council pursuant to Articles 189c and 130s(1) of the EC Treaty, (C4-0538/98), − having regard to Rule 67 of its Rules of Procedure, − having regard to the recommendation for second reading of the Committee on the Environment, Public Health and Consumer Protection (A4-0001/99), 1. 2. Amends the common position as follows; Instructs its President to forward this decision to the Council and Commission. (1) OJ C 333, 30. 10. 1998, p. 1. (2) OJ C 286, 22. 9. 1997. p. 229. COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 1) Recital 5a (new) Whereas the Commission shall provide information to countries covered by this Regulation on changes to Annexes A and B on a regular basis; (Amendment 3) Article 3 In accordance with Article 39 of the Fourth ACP-EC Conven- tion shipments of waste listed in Annex C to this Regulation to ACP countries are prohibited. Deleted (Amendment 4) Article 4(2), introduction The Commission shall determine, in accordance with the 2. procedure laid down in Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste, which of the control procedures shall apply, that is to say: The Commission shall determine, in accordance with the 2. procedure laid down in Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste, and in cooperation with the country concerned, which of the control procedures shall apply, that is to say: 28. 5. 1999 EN Official Journal of the European Communities C 150/77 Tuesday 9 February 1999 COMMON POSITION OF THE COUNCIL AMENDMENTS BY PARLIAMENT (Amendment 5) Article 4(5) 5. The Commission shall, in accordance with the procedure laid down in article 18 of Directive 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) No 259/93 or, in relation to said Annex C, any changes to Annexes I and II of the Basel Convention or to the Fourth ACP-EC Convention. 5. The Commission shall, in accordance with the procedure laid down in article 18 of Directive 75/442/EEC, regularly review Annexes A and B of this Regulation, in order to bring them into line with the amendments made to the Annexes to Regulation (EEC) No 259/93. (Amendment 6) 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. The control procedures established by this Regulation shall be subject to periodic review by the Commission and for the first time no later than nine months following its publication in the Official Journal, 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 and the European Parliament. (Amendment 7) Article 5a (new) Article 5a The Commission, in accordance with the procedure laid down in Article 18 of Directive 75/442/EEC shall, as soon as possible, review and amend this Regulation in order to bring it into line with Regulation (EEC) No 259/93 as modified by Regulation (EC) No 120/97, and in particular with Annex V of the former Regulation. (Amendment 8) ANNEX C Deleted Green List Basel Convention GA 150 waste and scrap of lead GA 240 waste and scrap of cadmium GA 270 waste and scrap of antimony GA 290 waste and scrap of beryllium GA 380 waste and scrap of thallium GA 400 waste and scrap of selenium GA 410 waste and scrap of tellurium Y 31 Y 26 Y 27 Y 20 Y 30 Y 25 Y 28