Commission Regulation (EC) No 740/2008 of 29 July 2008 amending Regulation (EC) No 1418/2007 as regards the procedures to be followed for export of waste to certain countries (Text with EEA relevance)
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Address https://gelex.eu/eli/EU/regulation/2008/740@2008-07-29/en
THE COMMISSION OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Community,
Having regard to Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, and in particular the third subparagraph of Article 37(2) thereof,
After consultation of the countries concerned,
Whereas:
(1) Any ambiguity should be removed with regard to the applicability of Article 18 of Regulation (EC) No 1013/2006 to shipments of waste where a country in its reply to the Commission’s request in accordance with the first subparagraph of Article 37(1) of Regulation (EC) No 1013/2006 has indicated it will not prohibit those shipments nor apply the procedure of prior written notification and consent to them as described in Article 35 of that Regulation.
(2) The Commission has received replies from Bosnia and Herzegovina, Iran and Togo to its written requests seeking confirmation in writing that waste which is listed in Annex III or IIIA to Regulation (EC) No 1013/2006 and the export of which is not prohibited under its Article 36 may be exported from the Community for recovery in those countries and requesting an indication from them as to which control procedure, if any, would be followed there. The Commission has also received further information relating to Côte d’Ivoire, Malaysia, Moldova, Russia and Ukraine. The Annex to Commission Regulation (EC) No 1418/2007 should therefore be amended to take this into account.
(3) It has been pointed out by the government of Liechtenstein that Liechtenstein is to be regarded as a country to which the OECD Decision applies. Article 37(2) of Regulation (EC) No 1013/2006 therefore does not apply to that country, and Liechtenstein should be deleted from the Annex to Regulation (EC) No 1418/2007.
(4) Regulation (EC) No 1418/2007 should be amended accordingly,
HAS ADOPTED THIS REGULATION:
Article 1
Regulation (EC) No 1418/2007 is amended as follows:
1. The following Article 1a is inserted:
Article 1
1.
Article 1a
Where a country in its reply to a written request sent by the Commission in accordance with the first subparagraph of Article 37(1) of Regulation (EC) No 1013/2006 indicates that, with regard to certain shipments of waste, it will not prohibit them nor apply the procedure of prior written notification and consent as described in Article 35 of that Regulation, Article 18 of that Regulation shall apply mutatis mutandis to such shipments.
Article 1
2. The Annex to Regulation (EC) No 1418/2007 is amended in accordance with the Annex to this Regulation.
Article 2
This Regulation shall enter into force on the 14th day following its publication in the Official Journal of the European Union. It shall apply from the date of entry into force.
This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 29 July 2008. For the Commission Peter Mandelson Member of the Commission
ANNEX
ANNEX
Note: Article 18 of Regulation (EC) No 1013/2006 applies to columns (c) and (d) in the Annex of Regulation (EC) No 1418/2007 by virtue of Article 1 of this Regulation.
1. In the text preceding the country information, point (d) is replaced by the following:
grp_1
(d) other control procedures will be followed in the country of destination under applicable national law.
Bosnia and Herzegovina
2. After the entry for Benin, the following entry is inserted: (a) (b) (c) (d) B3020 all other waste listed in Annex III of Regulation (EC) No 1013/2006
Côte d’Ivoire (Republic of Côte d’Ivoire)
3. After the entry for Costa Rica, the following entry is inserted: (a) (b) (c) (d) from B1010: all other waste from B1010 B1020 – B2120 B2130 B3010 – B3020 from B3030 all other waste from B3030 B3035 – B3130 B3140 B4010 – B4030 GB040 7112 262030 262090 GC010 GC020 GC030 ex890800 GC050 GE020 ex7001 ex701939 GF010 GG030 ex2621 GG040 ex2621 GH013 391530 ex390410-40 GN010 ex050200 GN020 ex050300 GN030 ex050590
precious metals (gold, silver, the platinum group, but not mercury)
waste (including noils, yarn waste and garnetted stock) of man-made 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
4. The entry for Liechtenstein is deleted.
Iran (Islamic Republic of Iran)
5. After the entry for Indonesia, the following entry is inserted: (a) (b) (c) (d) B1010 – B1090 from B1100: from B1100: B1115 B1120 – B1150 B1160 – B1210 B1220 – B2010 B2020 – B2130 B3010 – B3020 B3030 – B3040 from B3050: from B3050: B3060 – B3070 B3080 B3090 – B3130 B3140 B4010 – B4030 GB040 7112 262030 262090 GC010 GC020 GC030 ex890800 GC050 GE020 ex7001 ex701939 GF010 GG030 ex2621 GG040 ex2621 GH013 391530 ex390410-40 GN010 ex050200 GN020 ex050300 GN030 ex050590
the following zinc-containing drosses:
hot-dip galvanisers slab zinc dross (batch) (> 92 % Zn)
zinc skimmings
aluminium skimmings (or skims) excluding salt slag
wastes of refractory linings, including crucibles, originating from copper smelting
slags from precious metals processing for further refining
tantalum bearing tin slags with less than 0,5 % tin
hard zinc spelter
the following zinc-containing drosses:
galvanising slab zinc top dross (> 90 % Zn)
galvanising slab zinc bottom dross (> 92 % Zn)
zinc die-casting dross (> 85 % Zn)
cork waste: crushed, granulated or ground cork
wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
Togo (Togolese Republic)
6. After the entry for Thailand, the following entry is inserted: (a) (b) (c) (d) from B3010: all other waste listed in Annex III of Regulation (EC) No 1013/2006
scrap plastic of the following non-halogenated polymers and copolymers:
polypropylene
polyethylene terephthalate
Ukraine
7. After the entry for Tunisia, the following entry is inserted: (a) (b) (c) (d) B2020 B3010; B3020 all other waste listed in Annex III of Regulation (EC) No 1013/2006
8. The entry for Ivory Coast is deleted.
Malaysia
9. The entry for Malaysia is replaced by the following: (a) (b) (c) (d) from B1010: from B1010: from B1010 B1020 – B1090 from B1100: all other waste from B1100: B1115 B1120 – B1140 B1150 B1160 – B1190 B1200; B1210 B1220 – B1240 B1250 – B2030 from B2040: from B2040: all other wastes B2060 B2070; B2080 B2090 B2100 B2110 – B2130 B3010 B3020 – B3035 B3040 from B3050: from B3050: from B3060: from B3060: B3065 – B3140 B4010 B4020 B4030 GB040 7112 262030 262090: GC010 GC020 GC030 ex890800 GC050 GE020 ex7001 ex701939 GF010 GG030 ex2621 GG040 ex2621 GH013 391530 ex390410-40 GN010 ex050200 GN010 ex050200 GN020 ex050300 GN020 ex050300 GN030 ex050590 GN030 ex050590
nickel scrap
zinc scrap
tungsten scrap
tantalum scrap
magnesium scrap
titanium scrap
manganese scrap
germanium scrap
vanadium scrap
scrap of hafnium, indium, niobium, rhenium and gallium
rare earths scrap
chromium scrap
molybdenum scrap
cobalt scrap
bismuth scrap
zirconium scrap
thorium scrap
precious metals (gold, silver, the platinum group, but not mercury)
iron and steel scrap
copper scrap
aluminium scrap
tin scrap
hard zinc spelter
zinc skimmings
partially refined calcium sulphate produced from flue-gas desulphurisation (FGD)
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
wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
cork waste: crushed, granulated or ground cork
dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included (only rice bran and other by-products under 2302 20 100/900)
waste of bones and horn-cores, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised
cocoa shells, husks, skins and other cocoa waste
other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption:
dried and sterilised vegetable waste, residues and by-products, whether or not in the form of pellets, or a kind used in animal feeding, not elsewhere specified or included (only rice bran and other by-products under 2302 20 100/900)
other wastes from the agro-food industry excluding by-products which meet national and international requirements and standards for human or animal consumption:
Moldova (Republic of Moldova)
10. The entry for Moldova is replaced by the following: (a) (b) (c) (d) B1010 B2020 from B3020: all other waste from B3020: All other waste listed in Annex III of Regulation (EC) No 1013/2006
unbleached paper or paperboard or of corrugated paper or paperboard
other paper or paperboard, made mainly of bleached chemical pulp, not coloured in the mass
paper or paperboard made mainly of mechanical pulp (for example, newspapers, journals and similar printed matter)
Russia (Russian Federation)
11. The entry for the Russian Federation is replaced by the following: (a) (b) (c) (d) B1010 – B2120 B2130 B3010 – B3030 B3035; B3040 B3050 – B3070 B3080 B3090 B3100 B3110 – B3130 B3140 B4010 – B4030 GB040 7112 262030 262090 GC010 GC020 GC030 ex890800 GC050 GE020 ex7001 GE020 ex701939 GF010 GG030 ex2621 GG040 ex2621 GH013 391530 ex390410-40 GN010 ex050200 GN020 ex050300 GN030 ex050590
Versions
Cited by
- Judgment of the Court (Fourth Chamber) 10 November 2011 Judgment · Grade B
This reference for a preliminary ruling concerns the interpretation of Article 37 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1), read in conjunction with Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation No 1013/2006 to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply (OJ 2007 L 316, p. 6), as amended by Commission Regulation (EC) No 740/2
- Judgment of the Court (Fourth Chamber) 10 November 2011 Judgment · Grade B
The Annex to Regulation No 740/2008 states inter alia the following information: Note: Article 18 of Regulation [No 1013/2006] applies to columns (c) and (d) in the Annex of Regulation [No 1418/2007] by virtue of Article 1 of this Regulation.
- Judgment of the Court (Fourth Chamber) 10 November 2011 Judgment · Grade B
Moreover, the preliminary note in the Annex to Regulation No 740/2008, which states that Article 18 of Regulation No 1013/2006 applies to columns (c) and (d) in the Annex to Regulation No 1418/2007 by virtue of Article 1 of that regulation, must similarly be construed as meaning that the procedure referred to in Article 18 is to apply only where a category of waste is entered either in column (c) or in column (d), except where it is also entered in column (a) or (b), signifying that import of that waste is prohibited or that the prior written notification and consent procedure, as described in
- Judgment of the Court (Fourth Chamber) 10 November 2011 Judgment · Grade B
On those grounds, the Court (Fourth Chamber) hereby rules: Articles 36(1)(f) and 37 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste, read in conjunction with Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Annex III or IIIA to Regulation No 1013/2006 to certain countries to which the OECD Decision on the control of transboundary movements of wastes does not apply, as amended by Commission Regulation (EC) No 740/2008 of 29 July 2008, must be interpreted a
- Judgment of the Court (Fourth Chamber) of 10 November 2011 (reference for a preliminary ruling from the Amtsgericht Bruchsal — Germany) — Criminal proceedings against (Case C-405/10) Notice · Grade B
Protection of the environmentRegulations (EC) Nos 1013/2006 and 1418/2007Control of shipments of wasteProhibition on the shipment of spent catalysts to Lebanon2012/C 25/22Language of the case: German Amtsgericht Bruchsal Reference for a preliminary ruling — Amtsgericht Bruchsal — Interpretation of Article 37 of Regulation (EC) No 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste (OJ 2006 L 190, p. 1), read in conjunction with Commission Regulation (EC) No 1418/2007 of 29 November 2007 concerning the export for recovery of certain waste listed in Anne