Commission Regulation (EC) No 105/2005 of 17 November 2004 amending Council Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to China and Saudi ArabiaText with EEA relevance


Published: 2004-11-17

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L_2005020EN.01000901.xml

22.1.2005   

EN

Official Journal of the European Union

L 20/9

COMMISSION REGULATION (EC) No 105/2005
of 17 November 2004
amending Council Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999 as regards shipments of certain types of waste to China and Saudi Arabia
(Text with EEA relevance)
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 shipments of waste within, into and out of the European Community (1), and in particular Article 17(3) thereof,
Having regard to Council Regulation (EC) No 1420/1999 of 29 April 1999 establishing common rules and procedures to apply to shipments to certain non-OECD countries of certain types of waste (2), and in particular Article 3(5) thereof,
Whereas:

(1)

On 4 August 2003, the Ministry of Defence and Aviation, Presidency of Meteorology and Environment of the Kingdom of Saudi Arabia sent a request to the European Commission that normal commercial transactions (‘green list’ procedure) apply to the material GH 014 ‘waste, parings and scrap of polyurethane foam not containing chlorofluorocarbons’.

(2)

On 13 May 2004, the Mission of the People’s Republic of China to the European Communities sent a request to the European Commission for an amendment to the list of wastes in Annex D to Commission Regulation (EC) No 1547/1999 (3) which are allowed without recourse to any of the control procedures provided for in Council Regulation (EEC) No 259/93. This amended list will be subject, as before, to additional pre-shipment inspection procedures under the responsibility of the Chinese authorities.

(3)

In accordance with Article 17(3) of Regulation (EEC) No 259/93, the committee set up by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste (4) was notified of the official requests of Saudi Arabia and of China on 2 April 2004 and 18 May 2004.

(4)

In order to take into account the new situation of these countries, it is necessary to amend at the same time Regulation (EC) No 1420/1999 and Regulation (EC) No 1547/1999.

(5)

The measures provided for in this Regulation are in accordance with the opinion of the Committee set up by Article 18 of Directive 75/442/EEC,
HAS ADOPTED THIS REGULATION:
Article 1
Annex D to Regulation (EC) No 1547/1999 is amended as set out in Annex I to this Regulation.
Article 2
Annex A to Regulation (EC No 1420/1999 is amended as set out in Annex II to this Regulation.
Article 3
This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 November 2004.


For the Commission

Pascal LAMY


Member of the Commission




(1)  OJ L 30, 6.2.1993, p.1. Regulation as last amended by Commission Regulation (EC) No 2557/2001 (OJ L 349, 31.12.2001, p. 1).

(2)  OJ L 166, 1.7.1999, p. 6. Regulation as last amended by Commission Regulation (EC) No 2118/2003 (OJ L 318, 3.12.2003, p. 5).

(3)  OJ L 185, 17.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2118/2003.

(4)  OJ L 194, 25.7.1975, p. 39. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

ANNEX I
Annex D to Regulation (EC) No 1547/1999 is amended as follows:

1.
In Annex D, between the entry relating to São Tomé and Príncipe and the entry relating to Sierra Leone, the following entry is inserted:
‘SAUDI ARABIA
 

GH 014 ex ex 3915 90 Waste, parings and scrap of plastics of polyurethane (not containing chlorofluorocarbons).’

2.
In Annex D, between the entry relating to Chile and the entry related to The Comoros, the entry relating to China should be deleted and the following entry inserted:
‘CHINA
Pre-shipment inspection is required by the Chinese authorities
1.

In section GA (Metal and metal-alloy wastes in metallic, non-dispersible form) (1)

GA 120

7404 00

Copper waste and scrap

GA 130

7503 00

Nickel waste and scrap

GA 140

7602 00

Aluminium waste and scrap

GA 160

7902 00

Zinc waste and scrap

GA 170

8002 10

Tin waste and scrap

GA 200

ex ex 8103 10

Tantalum waste and scrap

GA 430

7204

Iron or steel scrap.

2.

In section GC (Other wastes containing metals):
GC 030

ex ex 8908 00

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

GC 070

ex 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 (2)


3.

In section GH (Solid plastic wastes):
Including, but not limited to:
GH 010

3915

Waste, parings and scrap of plastics of:

GH 011

ex ex 3915 10

Polymers of ethylene

GH 012

ex ex 3915 20

Polymers of styrene

GH 013

ex ex 3915 30

Polymers of vinyl chloride

GH 014

ex ex 3915 90

Polymers or copolymers, for example:



Polypropylene



Polyethylene terephthalate



Acrylonitrile copolymer



Butadiene copolymer



Styrene copolymer



Polyamides



Polybutylene terephthalates



Polycarbonates



Polyphenylene sulphides



Acrylic polymers



Paraffins (C10-C13) (4)



Polyurethane (not containing chlorofluorocarbons)



Polysiloxalanes (silicones)



Polymethyl metharcrylate



Polyvinyl alcohol



Polyvinyl butyral



Polyvinyl acetate



Polymers of fluorinated ethylene (Teflon, PTFE)

GH 015

ex ex 3915 90

Resins or condensation products, for example:



Urea formaldehyde resins



Phenol formaldehyde resins



Melamine formaldehyde resins



Epoxy resins



Alkyd resins



Polyamides.

4.

In section GI (Paper, paperboard and paper product wastes):
GI 010

4707

Waste and scrap of paper or paperboard:

GI 011

4707 10




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.

5.

In section GJ (Textile wastes):
GJ 030

5202

Cotton waste (including yarn waste and garnetted stock)

GJ 031

5202 10

— Yarn waste (including thread waste)

GJ 032

5202 91

— arnetted stock

GJ 033

5202 99

— Other

GJ 110

5505

— Waste (including noils, yarn waste and garnetted stock) of man-made fibres

GJ 111

5505 10

— Of synthetic fibres

GJ 112

5505 20

— Of artificial fibres.

6.

In section GL (Untreated cork and wood wastes):
GL 010

ex 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.

7.

In section GM (Wastes arising from agro-food industries):
GM 100

0506 90

Waste of bones and horn-cones, unworked, defatted, simply prepared (but not cut to shape), treated with acid or degelatinised.’

(1)  “Non-dispersible” does not include any waste in the form of powder, sludge, dust or solid items containing encased hazardous liquids.

(2)  This entry covers the use of such slags as a source of titanium dioxide and vanadium.


ANNEX II
Annex A to Regulation (EC) No 1420/1999 is amended as follows:

 
In Annex A to Regulation (EC) No 1420/1999, the entry relating to Saudi Arabia is replaced by the following:
 

‘All types except:
 

In section GH (Solid Plastic Wastes):

 

GH 014 ex ex 3915 90 Waste, parings and scrap of plastics of polyurethane not containing chlorofluorocarbons.’