EU32010R0837Enacted

COMMISSION REGULATION (EU) No 837/2010 of 23 September 2010 amending Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste to certain non-OECD countries THE EUROPEAN COMMISSION,

Jurisdiction:
European Union
Type:
Other · EPR
Last action:
Jan 1, 2010
ElectronicsMetalsPlastic PackagingHazardous MaterialsOther
Next steps for producers

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Obligations under this law
  • ·Exporters must comply with the control procedure applicable in the destination country as specified in the amended Annex to Regulation (EC) No 1418/2007
  • ·For waste listed in column (a) of the Annex: export is prohibited to the listed non-OECD country
  • ·For waste listed in column (b) of the Annex: export requires prior written notification and consent procedure
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No designated program action is recorded for this measure yet — treat the above as the general obligation and verify against the source text.

Amends waste export rules to permit recovery of certain waste streams to non-OECD countries under controlled conditions, advancing circular economy by enabling material recovery pathways while maintaining environmental safeguards through Basel Convention alignment and EPR-adjacent stewardship principles.
Covered Products
  • ·Waste listed in Annex III of Regulation (EC) No 1013/2006 exported for recovery to non-OECD countries
  • ·Metal scrap (precious metals, iron/steel, copper, nickel, aluminium, zinc, tin, tungsten, tantalum, magnesium, bismuth, titanium, zirconium, germanium, vanadium, molybdenum, cobalt, manganese, indium, thorium, rare earths, chromium, hafnium, niobium, rhenium, gallium) - B1010
  • ·Other metal waste B1020-B1250
  • ·Mineral waste B2010-B2130
  • ·Solid plastic waste and rubber waste B3010-B3090
  • ·Paper and paperboard waste B3020
  • ·Textile waste B3030
  • ·Glass waste B3040-B3080
  • ·Other waste B4030, GB040, GC010, GC020, GC030, GC050-GG040, GH013, GN010-GN030
Producer Obligations
  • ·Exporters must comply with the control procedure applicable in the destination country as specified in the amended Annex to Regulation (EC) No 1418/2007
  • ·For waste listed in column (a) of the Annex: export is prohibited to the listed non-OECD country
  • ·For waste listed in column (b) of the Annex: export requires prior written notification and consent procedure
  • ·For waste listed in column (c) of the Annex: export may proceed without prior notification (no control required by destination country)
  • ·For waste listed in column (d) of the Annex: export is prohibited
  • ·Exporters shipping Annex III or IIIA waste to Andorra must apply the applicable control procedure for all such waste
  • ·Exporters shipping Annex III or IIIA waste to Croatia must apply the applicable control procedure for all such waste
  • ·Exporters shipping Annex III or IIIA waste to India must apply the applicable control procedure for all such waste
  • ·Exporters shipping waste to Liberia: only B3020 (paper and paperboard waste) is permitted under applicable control procedure; all other Annex III waste export to Liberia is subject to prohibition or restriction
  • ·Exporters shipping waste to China must comply with the specific waste-stream-level controls set out in the updated China entry of the Annex, distinguishing between prohibited, notification-required, and freely exportable streams
Key Deadlines
Oct 8, 2010compliance: Regulation enters into force 14 days after publication in the Official Journal (published 24 September 2010); all export control obligations apply from this date
Enforcement
Member State competent authorities under Regulation (EC) No 1013/2006:
Preemption Notes
This regulation is directly applicable in all Member States and amends an existing EU-level annex governing waste export controls; Member States cannot adopt divergent national rules on the specific export control classifications set out in the Annex.
Compliance Dimensions
Bans & RestrictionsAll waste listed in Annex III of Regulation (EC) No 1013/2006 exported to Andorra — column (a) applies (prohibition or specific control) (Material Restriction), 2010; Specific waste streams exported to China — differentiated control procedures per waste type (columns a/b/c/d) (Material Restriction), 2010; All waste listed in Annex III of Regulation (EC) No 1013/2006 exported to Croatia — column (a) applies (Material Restriction), 2010

“After the entry for Lebanon, the following entry is inserted: ' Liberia (a) (b) (c) (d) B3020'”

Tracking dates like these across a whole portfolio of jurisdictions is what Upcoming Deadlines does.

Full bill text

24.9.2010

EN

Official Journal of the European Union

L 250/1

COMMISSION REGULATION (EU) No 837/2010
of 23 September 2010

amending Regulation (EC) No 1418/2007 concerning the export for recovery of certain waste to certain non-OECD countries
(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

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:

The Commission has received a reply from Liberia to its written requests seeking confirmation in writing that certain 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 European Union for recovery in that country and requesting an indication from it as to which control procedure, if any, would be followed there. The Commission has also received further information relating to Andorra, China, Croatia and India. The Annex to Commission Regulation (EC) No 1418/2007 ( 2 ) should therefore be amended to take this into account,

HAS ADOPTED THIS REGULATION:

Article 1
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 fourteenth 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, 23 September 2010.

For the Commission

The President

José Manuel BARROSO

( 1 )
OJ L 190, 12.7.2006, p. 1 .

( 2 )
OJ L 316, 4.12.2007, p. 6 .

ANNEX

(1)

The entry for Andorra is replaced by the following:
‘ Andorra

(a)

(b)

(c)

(d)

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

(2)

The entry for China is replaced by the following:
‘ China

(a)

(b)

(c)

(d)

From B1010:

—

Precious metals (except for gold, platinum)

—

Molybdenum scrap

—

Cobalt scrap

—

Manganese scrap

—

Scrap of Indium

—

Thorium scrap

—

Rare earths scrap

—

Chromium scrap

From B1010:

—

Precious metals (gold, platinum)

—

Iron and steel scrap

—

Copper scrap

—

Nickel scrap

—

Aluminium scrap

—

Zinc scrap

—

Tin scrap

—

Tungsten scrap

—

Tantalum scrap

—

Magnesium scrap

—

Bismuth scrap

—

Titanium scrap

—

Zirconium scrap

—

Germanium scrap

—

Vanadium scrap

—

Scrap of Hafnium, Niobium, Rhenium and Gallium

B1020-B1040

B1050

B1060

B1070

B1080-B1100

B1115

From B1120: all other waste

From B1120: Transition Metals only those containing > 10 % V 2 O 5 , excluding waste catalysts (spent catalysts, liquid used catalysts or other catalysts) on list A

B1130-B1200

B1210

B1220

B1230

B1240

B1250

From B2010: all other waste

From B2010: Mica waste

B2020

From B2030: all other waste

From B2030: only tungsten carbide scrap

B2040

B2060-B2130

From B3010: Cured waste resins or condensation products including the following:

—

urea formaldehyde resins

—

melamine formaldehyde resins

—

expoxy resins

—

alkyd resins

From B3010 — all other waste provided that are thermoplastic

B3020

From B3030 — all other waste

From B3030:

—

Waste of wool or of fine or coarse animal hair, including yarn waste but excluding garnetted stock

—

Cotton waste (including yarn waste and garnetted stock)

—

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

B3035

From B3040 – all other waste

From B3040: only unvulcanized rubber

B3050

B3060-B3070

From B3080 — all other waste

From B3080: only unvulcanized rubber

B3090-B4030

From GB040 — all other waste

From GB040 — only convertor slag from copper smelt containing > 10 % copper

GC010

From GC020 — all other waste

From GC020 — only waste cable & wire, e-motor scrap

GC030

GC050-GG040

GH013

GN010-GN030’

(3)

The entry for Croatia is replaced by the following:
‘ Croatia

(a)

(b)

(c)

(d)

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

(4)

The entry for India is replaced by the following:
‘ India

(a)

(b)

(c)

(d)

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

(5)

After the entry for Lebanon, the following entry is inserted:
‘ Liberia

(a)

(b)

(c)

(d)

B3020’

Full text as ingested. Verify against the official source above.

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