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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)

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(1), 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(2), Russia and Ukraine. The Annex to Commission Regulation (EC) No 1418/2007(3) 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 1U.K.

Regulation (EC) No 1418/2007 is amended as follows:

The following Article 1a is inserted:

‘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.’

The Annex to Regulation (EC) No 1418/2007 is amended in accordance with the Annex to this Regulation.

Article 2U.K.

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

ANNEXU.K.

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.U.K.

1.In the text preceding the country information, point (d) is replaced by the following:U.K.

‘(d)

other control procedures will be followed in the country of destination under applicable national law.’

2.After the entry for Benin, the following entry is inserted:U.K.

‘Bosnia and Herzegovina

(a)	(b)	(c)	(d)
		B3020
	all other waste listed in Annex III of Regulation (EC) No 1013/2006’

3.After the entry for Costa Rica, the following entry is inserted:U.K.

‘Côte d’Ivoire (Republic of Côte d’Ivoire)

(a)	(b)	(d)
	from B1010: all other waste	from B1010 precious metals (gold, silver, the platinum group, but not mercury)
B1020 – B2120
	B2130
		B3010 – B3020
	from B3030 all other waste	from B3030 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
	B3035 – B3130
		B3140
	B4010 – B4030
GB040 7112 2620 30 2620 90
	GC010
	GC020
GC030 ex 8908 00
GC050
	GE020 ex 7001 ex 7019 39
	GF010
	GG030 ex 2621
	GG040 ex 2621
	GH013 3915 30 ex 3904 10-40
	GN010 ex 0502 00
	GN020 ex 0503 00
	GN030 ex 0505 90’

4.The entry for Liechtenstein is deleted.U.K.

5.After the entry for Indonesia, the following entry is inserted:U.K.

‘Iran (Islamic Republic of Iran)

(a)	(b)	(c)	(d)
	B1010 – B1090
from B1100: 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	from B1100: 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)
B1115
	B1120 – B1150
B1160 – B1210
	B1220 – B2010
B2020 – B2130
	B3010 – B3020
B3030 – B3040
from B3050: cork waste: crushed, granulated or ground cork	from B3050: wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
B3060 – B3070
	B3080
B3090 – B3130
	B3140
B4010 – B4030
	GB040 7112 2620 30 2620 90
GC010
GC020
GC030 ex 8908 00
GC050
GE020 ex 7001 ex 7019 39
GF010
GG030 ex 2621
GG040 ex 2621
GH013 3915 30 ex 3904 10-40
GN010 ex 0502 00
GN020 ex 0503 00
GN030 ex 0505 90’

6.After the entry for Thailand, the following entry is inserted:U.K.

‘Togo (Togolese Republic)

(a)

(b)

(c)

(d)

from B3010:

scrap plastic of the following non-halogenated polymers and copolymers:
- polypropylene
- polyethylene terephthalate

all other waste listed in Annex III of Regulation (EC) No 1013/2006’

7.After the entry for Tunisia, the following entry is inserted:U.K.

‘Ukraine

(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.U.K.

9.The entry for Malaysia is replaced by the following:U.K.

‘Malaysia

(a)	(b)	(c)	(d)
from B1010: 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	from B1010: molybdenum scrap cobalt scrap bismuth scrap zirconium scrap thorium scrap	from B1010 precious metals (gold, silver, the platinum group, but not mercury) iron and steel scrap copper scrap aluminium scrap tin scrap
B1020 – B1090
from B1100: all other waste		from B1100: hard zinc spelter zinc skimmings
		B1115
B1120 – B1140
		B1150
B1160 – B1190
		B1200; B1210
B1220 – B1240
		B1250 – B2030
from B2040: 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		from B2040: all other wastes
		B2060
B2070; B2080
		B2090
B2100
		B2110 – B2130
			B3010
		B3020 – B3035
B3040
	from B3050: wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms	from B3050: cork waste: crushed, granulated or ground cork
	from B3060: 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:		from B3060: 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:
		B3065 – B3140
B4010
		B4020
B4030
GB040 7112 2620 30 2620 90:
GC010
GC020
GC030 ex 8908 00
GC050
		GE020 ex 7001 ex 7019 39
		GF010
GG030 ex 2621
GG040 ex 2621
GH013 3915 30 ex 3904 10-40
	GN010 ex 0502 00		GN010 ex 0502 00
	GN020 ex 0503 00		GN020 ex 0503 00
	GN030 ex 0505 90		GN030 ex 0505 90’

10.The entry for Moldova is replaced by the following:U.K.

‘Moldova (Republic of Moldova)

(a)	(b)	(c)	(d)
			B1010
			B2020
from B3020: all other waste			from B3020: 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)
All other waste listed in Annex III of Regulation (EC) No 1013/2006’

11.The entry for the Russian Federation is replaced by the following:U.K.

‘Russia (Russian Federation)

(a)	(b)	(c)	(d)
			B1010 – B2120
B2130
			B3010 – B3030
B3035; B3040
			B3050 – B3070
B3080
			B3090
B3100
			B3110 – B3130
B3140
			B4010 – B4030
			GB040 7112 2620 30 2620 90
			GC010
			GC020
			GC030 ex 8908 00
			GC050
GE020 ex 7001			GE020 ex 7019 39
			GF010
			GG030 ex 2621
			GG040 ex 2621
			GH013 3915 30 ex 3904 10-40
			GN010 ex 0502 00
			GN020 ex 0503 00
			GN030 ex 0505 90’

(1)

OJ L 190, 12.7.2006, p. 1. Regulation as last amended by Commission Regulation (EC) No 669/2008 (OJ L 188, 16.7.2008, p. 7).

(2)

The short form ‘Moldova’ is used to denote the Republic of Moldova.

(3)

OJ L 316, 4.12.2007, p. 6.