Commission Implementing Regulation (EU) 2016/1245 of 28 July 2016 setting out a preliminary correlation table between codes of the Combined Nomenclature provided for in Council Regulation (EEC) No 2658/87 and entries of waste listed in Annexes III, IV and V to Regulation (EC) No 1013/2006 of the European Parliament and of the Council on shipments of waste (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 Article 50(4e) thereof,

Whereas:

• (1) The preliminary correlation table should cover the waste codes established under the Basel Convention of 22 March 1989 on the control of transboundary movements of hazardous waste and their disposal and Decision C(2001)107/Final of the OECD Council concerning the revision of Decision C(92)39/Final on the control of transboundary movements of wastes destined for recovery operations. Those codes are listed in Annexes III and IV and Parts 1 and 3 of Annex V to Regulation (EC) No 1013/2006. The waste codes listed in Annex IIIB and Part 2 of Annex V to Regulation (EC) No 1013/2006 should not be covered by the preliminary correlation table because these are applicable to shipments primarily within the European Union where customs authorities are normally not involved. Possible correlations for each of the entries of waste listed in Annex IIIA to Regulation (EC) No 1013/2006 can be derived using the correlations of the waste codes listed in Annex III to Regulation (EC) No 1013/2006. No correlation of entries of waste from Annex IVA to Regulation (EC) No 1013/2006 is made as this Annex is empty.

• (2) Due to differences in the goods covered by the codes of the Combined Nomenclature provided for in Council Regulation (EEC) No 2658/87 ² (‘CN codes’) and the entries of waste listed in Annexes III, IV and V to Regulation (EC) No 1013/2006 (‘waste codes’), it is not always possible to achieve a clear or complete match between them. Where there are such differences, it is necessary to establish the correlation between the codes on the basis of an approximation with a view to achieving the best match possible.

• (3) Stakeholders were consulted on the basis of a study commissioned by the Commission to assess the nature of the goods covered by the CN codes and waste codes, respectively, and the draft correlation table resulting from the study and the stakeholder consultation was endorsed by the Tariff and Statistical Nomenclature Section of the Customs Code Committee in January 2015. The preliminary correlation table should be adopted on the basis of that draft.

• (4) The measures provided for in this Regulation are in accordance with the opinion of the Committee established by Article 39 of Directive 2008/98/EC of the European Parliament and of the Council ³,

HAS ADOPTED THIS REGULATION:

Article 1

A preliminary table showing the correlation between the codes of the Combined Nomenclature (‘CN codes’) provided for in Regulation (EEC) No 2658/87 and the entries of waste listed in Annexes III, IV and V to Regulation (EC) No 1013/2006 is set out in the Annex to this Regulation.

Article 2

This Regulation shall enter into force on the twentieth day following that of 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, 28 July 2016.

For the Commission

The President

Jean-Claude JUNCKER

ANNEX

Correlation table between codes of the combined nomenclature provided for in Regulation (EEC) No 2658/87 and the entries of waste listed in Annexes III, IV and V to Regulation (EC) No 1013/2006

Introductory notes

• 1. The correlation table between codes of the combined nomenclature (‘CN codes’) and entries of waste listed in Annexes III, IV and V to Regulation (EC) No 1013/2006 (‘waste codes’) is presented in two alternative ways in Tables A and B.

In Table A, column 1 lists waste codes sorted in ascending alphanumerical order which are correlated with CN codes listed in column 2.

In Table B, column 3 lists CN codes sorted in ascending numerical order which are correlated with waste codes listed in column 4.

The waste codes of column 1 and the CN codes of column 3 appear only once in their respective columns.

• 1. The waste codes selected for correlation from the Annexes to Regulation (EC) No 1013/2006 are those codes that were established through international agreements, in particular under the Basel Convention or by the OECD. For reasons of simplicity, this correlation table does not take into account that certain waste codes established through international agreements have indents or sub-indents (e.g. B3010).

• 1. In Table A, some waste codes are correlated with more than one CN code and in Table B, some CN codes are correlated with more than one waste code. For the purpose of determining which of the several codes is applicable, the descriptions of the codes in their respective Regulations shall be taken into consideration.