17.7.1999 Official Journal of the European Communities L 185/1 | (Acts whose publication is obligatory) COMMISSION REGULATION (EC) No 1547/1999 of 12 July 1999 determining the control procedures under Council Regulation (EEC) No 259/93 to apply to shipments of certain types of waste to certain countries to which OECD Decision C(92)39 final does not apply (Text with EEA relevance) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (EEC) No 259/93 as regards certain shipments of waste to certain non-OECD countries (*); Having r.egard to the Treaty establishing the European 4 Whereas some OECD countries still do not apply OECD Community, Decision C(92) 39 Final, but may do so in the future; (5 Whereas certain further third countries have also indi- Having regard to Council Regulation (EEC) No 259/93 of 1 February 1993 on supervision and control of application ship- ments of waste within, into and out of the European Community ("), as last amended by Commission Regulation ) ) . . (6)  Whereas the Commission has notified the requests of (EC) No 2408/98 (’), and in particular Article 17(3) thereof, these third countries to the Committee established pursuant to Article 18 of Council Directive 75/442/EEC After consultation of the countries of destination concerned, of 15 July 1975 on waste (°), as last amended by Commission Decision 96/350/EC (%); cated that one of the control procedures provided for in Regulation (EEC) No 259/93 should be applied; (1)  Whereas Article 1(3)(a) of Council Regulation (EEC) No (7)  Whereas in accordance with Article 17(3) of Regulation 259/93 excludes from its scope of application shipments (EEC) No 259/93 where such waste is subject to control of waste destined for recovery only and listed in Annex in the country of destination, or upon request of such a I to the same Regulation, as that Annex has been country, exports of such waste to that country are to be amended by Commission Decision 98/368/EC (*), except subjected to control; as provided for by, inter alia, Articles 17(1), (2) and (3); (8)  Whereas it is appropriate to update and bring together all of these export arrangements in respect of the above (2)  Whereas in accordance with .Ar.ticle 17(1) Of Regulation countries in a single text, and, in the interests of clarity (EEC) No 259/93 the Commission has notified to every and legal certainty, to list those categories of waste country to which OECD Council Decision C(92) 39 which are not subject to control procedures; whereas Final of 30 March 1992 concerning the control of trans- Decision 94/575[EC should therefore be repealed; frontier movements of waste destined for recovery operations does not apply the list of waste included in (99 Whereas with regard to shipments to ACP States, Article Annex II to the said Regulation; whereas the Commis- 39 of the Fourth ACP-EC Convention, signed at Lomé sion has requested confirmed that such waste is not subject to control in the country of destination, or has asked that such countries indicate whether the waste should be subject to the control procedures which apply to Annex III or IV to the said Regulation, or to the procedure laid down in Article 15 thereof; on 15 December 1989 (), prohibits export to those countries of Hazardous wastes listed in Annexes I and II to the Basel Convention on the Control of transboun- dary Movements of Hazardous Wastes and their Disposal, which was concluded on behalf of the Community by Council Decision 93/98/EEC (¥); whereas, furthermore, certain items of such waste may be found in Annex II to Regulation (EEC) No 259/93; whereas, in those circumstances and in order to comply with the Community's international obligations, it must be made clear that such shipments of such items to ACP coun- tries are prohibited, (3)  Whereas certain countries indicated that such waste should be subject to one of these control procedures; whereas the Commission, acting pursuant to the provi- sions of Article 17(3) of Regulation (EEC) No 259/93, adopted Decision 94/575/EC of 20 July 1994 deter- mining the control procedure under Council Regulation () O] L 220, 25.8.1994, p. 15. () O] L 194, 25.7.1975, p. 39. L 30, 6.2.1993, p. 1. () O] L 135, 6.6.1996, p. 32. L 298, 7.11.1998, p. 19. () O] L 229, 17.8.1991, p. 3. L 165, 10.6.1998, p. 20. () OJ L 39, 16.2.1993, p. 1. 3 8