Regulation (EEC) No. 259/93

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Regulation (EEC) No. 259/93

Title: Council Regulation (EEC) No. 259/93 of February 1, 1993 on the supervision and control of shipments of waste within, into and out of the European Community
Designation:
(not official) 		Waste Shipment Ordinance
Scope: EU
Legal matter: Environmental law , waste law
Basis: EECV , in particular Art. 130s
To be used from: May 6, 1994
Replaced by: Regulation (EC) No. 1013/2006
Expiry: July 11, 2007
Reference: OJ L 30 of 6 February 1993, pp. 1-28
Full text Consolidated version (not official)
basic version
Regulation has expired.
Please note the information on the current version of legal acts of the European Union !

The 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community Regulation (EEC) No. Was from 6 May 1994 and July 12, 2007, the Regulation (EC) no. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on shipments of waste removed. Both are also referred to as the EU or EU Waste Shipment Regulation (for short: EU / EG-AbfVerbrV, in Germany the current often VVA for regulation on the shipment of waste). As directly applicable regulations , they do not need to be implemented by the legislation of the EU member states .

history

In the early 1970s, even in the industrialized countries, it was still possible to dispose of almost all waste at low cost in the vicinity of the respective place of origin, so that there was almost no incentive to export waste. The export and import of waste (the so-called cross-border waste shipment) was initially relatively meaningless.

A slow change in waste management began in the mid-1970s. In Germany z. For example, in 1972 the Waste Disposal Act was passed, the European Community issued guidelines that were intended to aim at a purely structural harmonization of waste management law. The first bottlenecks in the disposal of hazardous waste soon arose, including in Germany. The lack of a disposal infrastructure that complies with the applicable laws and the considerable increase in costs not only led to illegal and environmentally hazardous waste disposal in their own country, but also made more or less legal disposal abroad more attractive.

The alarming increase in exports to developing countries and the uncontrolled shipment of waste such as the so-called “ Seveso barrels” in 1982 gave impetus for international regulation of the cross-border shipments of waste .

In 1984 the EU introduced Directive (EEC) No. 84/631, which made the cross-border shipments of waste between member states subject to a uniform notification procedure.

The OECD developed an international system for monitoring cross-border shipments. In 1988 a system for waste identification , the IWIC (International Waste Identification Code), was issued, and in 1992 the Council Decision on the control of shipments of waste that is recovered was taken (C (92) 39 / final of March 30, 1992) . An integral part of the Council Decision C (2001) 107 / final. The decision, which was replaced by the decision of May 21, 2002, was waste lists, the so-called OECD lists, in which a large number of recyclable waste was assigned to the green, yellow or red list using a five-digit code. The list colors were based on the traffic lights: the waste on the green list was classified as risk-free and could be freely traded. Yellow List wastes were generally considered to be risky and their shipment was therefore subject to notification. For the wastes on the Red List that are at considerable risk, there was also a notification requirement under more stringent conditions.

Finally, in 1989, the Basel Convention was passed. Initially, the Basel Convention only regulated the disposal of hazardous waste, so there was no overlap with the OECD Council Decision.

The new international resolutions made it necessary to change the European regulation, as the EU states belonged to both the OECD and to the signatories of the Basel Convention : Regulation (EEC) No. 259/93 came into force on February 9, 1993.

In the following, further regulations for shipments to and from non-EU countries were made and, last but not least, export bans were set: On July 20, 1994, the EU passed Decision (EC) No. 94/575 for certain countries. The non-binding, so-called “revisions” were then continuously issued. Since 1999, two EC regulations have been in force that regulate the shipment of Green List waste to non- OECD countries, Regulations (EC) No. 1420/1999 and No. 1547/1999, which have since been amended several times.

The international conventions and resolutions as well as the regulations of the EC are under constant revision. The aim is to adapt and standardize the agreements in the long term. The waste lists of the Basel Convention were - slightly modified - in the OECD Council Decision C (2001) 107 / final. dated May 21, 2002. The Basel Convention now also regulates the shipment of hazardous waste for recycling.

For the twelve states that acceded to the EU on May 1, 2004 and January 1, 2007, transitional provisions were partially negotiated in the accession treaties (currently still relevant for exports to Poland , Latvia , the Czech Republic and Slovakia ).

On July 12, 2006, after years of processing, the "Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of June 14, 2006 on shipments of waste" (OJ L 190/1 of July 12, 2006; in Germany for short: Waste Shipment Ordinance - VVA) passed. It has been in force since July 15, 2006, came into effect on July 12, 2007 and replaced Regulation (EEC) No. 259/93.

The latter was no longer adapted to the changed waste lists of the OECD and the Basel Convention , so that until the application of the new regulation the old version of 2000 (OECD) and 2001 (Basel Convention) still applied - although the EU had ratified the changes.

Content of Regulation (EEC) No. 259/93

It regulates the import and export of waste between member states ("shipment") and from and to third countries ("import" or "export"). Due to various international agreements, there were different regulations and procedures for notification (notification and approval procedures) depending on the constellation, i.e. depending on the

  1. Type of disposal - disposal or recycling?
  2. Direction of shipment - import or export?
  3. Affiliation of the countries concerned (dispatch, destination and transit countries) - EU , OECD , ACP , EFTA and / or Basel Convention ?
  4. Type of waste: dangerous or harmless and / or green, yellow, red list or unlisted (recovery only)?

It was structured as follows:

Title I - Scope and Definitions

According to Article 1, it did not apply to shipments of waste that is regulated elsewhere (e.g. certain waste from drilling rigs, from civil aviation, radioactive waste or whole animal carcases).

Article II defined terms for their use in the Regulation.

Title 2 - Shipments of waste between Member States

Articles 3 to 12

Section A - Shipments of Waste for Disposal

Articles 3 to 5

Shipment for disposal is generally permitted and always requires notification. However, each member state can decide to restrict or prohibit the export or import of waste for disposal. All states concerned are involved and can raise reasoned objections. The authority at the destination sends an acknowledgment of receipt within three working days of receipt of the notification application and may only consent if the other authorities have not raised any objections within 20 days of sending the acknowledgment of receipt.

Note: The export of waste for disposal from Germany is only permitted in a few cases due to Section 3 of the Waste Shipment Act.

Section B - Shipments of waste destined for recovery

Articles 6 to 11

Articles 6 to 8 and 10 - Shipments of waste on the yellow or red lists intended for recovery or of unlisted waste for recovery. The shipment of this waste for recycling is generally permitted, even if notification is required. All states concerned are involved and can raise objections. The authority at the destination will send an acknowledgment of receipt within three working days of receiving the notification application. Each competent authority agrees individually - regardless of the decisions of the other authorities. In the case of waste on the yellow list (Annex III to the regulation), the approval of each authority is also deemed to have been granted if the respective authority has not raised objections within 30 days of sending the acknowledgment of receipt (“fiction of tacit approval”). In the case of waste on the Red List (Annex IV to the Ordinance) or waste not listed in Annexes II to IV, each authority must agree in writing within 30 days or raise reasoned objections.

Article 9 - "Flat rate license"

The competent authorities can decide for certain recovery facilities that they do not raise any objections to the shipment of waste on the yellow list (Annex III to the regulation).

Article 11 - Shipments of Green List waste (Annex II to the Regulation)

There is no obligation to notify. Only certain information about the owner of the waste and the waste itself need to be carried during transport.

Section C - Shipments of waste for disposal and recovery between Member States with transit through third countries.

Article 12

Articles 3 to 5 and 6 to 10 apply. In addition, all third countries (non-EU countries) must be involved with a period of at least 60 days.

Title III - Shipments of waste within Member States

Article 13

The notification procedures do not have to be used. The Member States should, however, create suitable regulations that are consistent with EC regulations .

Title IV - Export of Waste

Articles 14 to 18

Section A - Export of Waste for Disposal

Articles 14 and 15

Waste intended for disposal can only be exported to an EFTA country that is also a party to the Basel Convention . A notification procedure is required. In contrast to the shipments between the Member States, the authority at the place of destination confirms receipt of the notification. The affected authorities of other countries (including third countries) are involved and can raise objections within 60 days. If no such objections have been raised and the authorities at the point of dispatch themselves have no objections to the shipment, they agree between the 62nd and 70th day.

Section B - Export of waste destined for recovery

Articles 16 and 17

The export of all waste listed in Annex V is generally only permitted in OECD countries (for non-green waste with notification procedures such as shipments within the EU , i.e. Articles 6 to 8 and 10). The non-hazardous waste (from Appendix V) is basically "exportable" to any country (exception: see Article 18). By means of the EC Regulations No. 1420/1999 and 1547/1999, an additional check must be made for each green waste and each country of destination, whether a notification procedure and, if so, which notification procedure must be carried out or whether export to the particular country is even prohibited. For other, non-hazardous waste that is not listed or is on the yellow list due to a non-hazardous risk, an individual decision and usually a notification procedure must be carried out. The export ban in accordance with Article 18 must also be observed.

Section C - Ban on Waste Export to ACP Countries

Article 18

The export of all waste to ACP countries is prohibited. Only waste on the Green List is excluded because of Article 1 Paragraph 3 a). Articles 16 and 17 as well as EC Regulations No. 1420/1999 and 1547/1999 then continue to apply.

Title V - Importation of waste into the Community

Section A - Import of Waste for Disposal

Articles 19 and 20

The import of waste destined for disposal is only permitted from EFTA countries, Basel signatory states and countries with which bilateral agreements have been concluded and requires notification.

Section B - Import of waste destined for recovery

Article 21

Waste from OECD and Basel signatory states as well as states with which bilateral agreements have been concluded may be imported for recycling using notification procedures. Green List waste can be imported from any country without notification.

Title VI - Transit of waste from outside the Community through the Community for disposal or recovery outside the Community

Section A - Transit of waste intended for disposal and recovery (except transit under Article 24)

Article 23

A notification must be sent to the last EU transit authority . This carries out a notification procedure and, if necessary, involves other EU transit states.

Section B - Transit of waste destined for recovery from and to a country to which the OECD Decision applies

Article 24

The transit of waste is possible without restrictions, a notification procedure is required for non-“green” waste. All affected EU transit states are to be directly involved in the procedure.

Title VII - Common Provisions

Articles 25 to 31

Article 25 - failed (legal) shipments

Article 26 - Illegal shipments: Defines "illegal" and sets out the obligations to return waste.

Article 27 - Security deposits

Article 28 - General notification

Article 29 - Prohibition of mixing

Article 30 - Checks (controls) of shipments

Article 31 - Acceptable languages

Title VIII - Other Provisions

Articles 32 to 44

Article 32 - International transport agreements

Article 33 - Administration, analysis, re-importation costs, etc.

Article 34 - Disposal's obligation to preserve the quality of the environment

Article 35 - Obligation to keep documents

Article 36 - Designation of the competent authority (ies)

Article 37 - Contact points

Article 38 - Notification requirements (addresses of the competent authorities)

Article 39 - Customs offices

Article 40 - Cooperation with Parties to the Basel Convention and Intergovernmental Organizations

Article 41 - Reporting requirements

Article 42 - Consignment notes (forms)

Article 43 - Repeal of Directive 84/631 / EEC and transitional provision

Article 44 - Entry into force and beginning of application

Attachments

Annex I: List of international transport conventions referred to in Article 32.

Annex II (Green List), Annex III (Yellow List) and Annex IV (Red List): Waste lists of the OECD Council Decision C (92) 39 / final. dated March 30, 1992, last adjustment on September 28, 2000.

Annex V Annex V of the regulation consists of three parts:

  • Part 1 is divided into List A (= Annex VIII of the Basel Convention , hazardous waste) and List B (= Annex IX of the Basel Convention, non-hazardous waste). Most of the waste on the Green List can be found in Part B. The export of waste from list A is prohibited, waste from list B is basically exportable.
  • Part 2 is a list of EWC codes adopted by Council Decision No. 94/904 / EC on a list of hazardous waste.
  • Part 3 is the yellow and red lists, whereby six (harmless) OECD codes have been removed from the yellow list.

The export of waste from Part 2 or 3 is prohibited. A decision on a case-by-case basis must be made for the six types of waste on the Yellow List (if they cannot be found in Part 3) and for waste that is not otherwise found in Appendix V and is not hazardous (see Articles 16 and 17).

Changes

  • Correction OJ No. L 18/38 of January 26, 1995;
  • Adaptation of the annexes by decision of the Commission (94/721 / EC), OJ No. L 288/36 of 9 November 1994,
  • Adaptation of the annexes by decision of the Commission of November 14, 1996 (96/660 / EC), OJ No. L 304/15 of November 27, 1996,
  • Amendment by Regulation (EC) No. 120/97 of the Council of January 20, 1997, OJ. No. L 22/14 of January 24, 1997,
  • Adjustment of the annexes by decision of the Commission of May 18, 1998 (98/368 / EC), OJ No. L 165/20 of June 10, 1998,
  • Amendment by Regulation (EC) No. 2408/98 of the Commission of 6 November 1998, OJ. No. 298/19 of November 7, 1998,
  • Adaptation of the annexes by decision of the Commission of November 24, 1999 (1999/816 / EC), ABl. No. L 316/45 of December 10, 1999
  • Annexes replaced by correction in OJ. No. L 243/43 of September 28, 2000,
  • Amendment of Annex V by Commission Regulation (EC) No. 2557/2001 of December 28, 2001, OJ. No. L 349/1 of December 31, 2001.

Regulation (EC) No. 1013/2006

On July 12, 2007, it repealed Regulation (EEC) 259/93.

In Germany, their detailed implementation is regulated by the Waste Shipment Act .

See also

Literature and Sources

  • Manuela Hurst: Commentary on the Waste Shipment Ordinance (VVA). bvse -recyconsult GmbH, 2008, ISBN 978-3-00-024784-2 .
  • Umweltbundesamt (Ed.): Practical manual for cross-border waste shipment. Erich-Schmidt-Verlag, 2000, ISBN 3-503-05957-1 .
  • Legal issues of waste shipment within the European Union, solutions for the distinction between disposal and recovery waste with special consideration of energetic recovery. Weißensee Verlag, 2006, ISBN 3-89998-093-X .

Web links

Individual evidence

  1. ↑ OJ. No. L 30/1 of February 6, 1993
  2. ↑ see also overview of the BMU on the Waste Shipment Ordinance
  3. ↑ Article 61
  4. ↑ Act implementing Regulation (EC) No. 1013/2006 of the European Parliament and of the Council of June 14, 2006 on shipments of waste and the Basel Convention of March 22, 1989 on the control of transboundary shipments of hazardous waste and their disposal ( Waste Shipment Act - AbfVerbrG ) of 19 July 2007 ( Federal Law Gazette I p. 1462 )