Council Decision
of 19 December 2002
establishing criteria and procedures for the acceptance of waste at landfills pursuant to Article 16 of and Annex II to Directive 1999/31/EC
(2003/33/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community,
Having regard to Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste(1), and in particular Article 16 thereof and Annex II thereto,
Whereas:
(1) Pursuant to Article 16 of Directive 1999/31/EC, the Commission is to adopt specific criteria and/or test methods and associated limit values for each class of landfill.
(2) A procedure should be laid down to determine the acceptability of waste at landfills.
(3) Limit values and other criteria should be set for waste acceptable at the different classes of landfills.
(4) The test methods to be used for determining the acceptability of waste at landfills should be determined.
(5) It is appropriate from a technical point of view to exempt from the criteria and procedures set out in the Annex to this Decision those wastes generated by the extractive industry that are deposited on-site.
(6) A suitably short transition period should be granted to Member States to develop the necessary system to apply this Decision and a further brief transition period may be necessary for Member States to ensure the application of the limit values.
(7) The measures provided for in this Decision are not in accordance with the opinion of the Committee established by Article 18 of Council Directive 75/442/EEC of 15 July 1975 on waste(2). They therefore have to be adopted by the Council in accordance with Article 18(4) of that Directive,
HAS ADOPTED THIS DECISION:
Article 1
This Decision establishes the criteria and procedures for the acceptance of waste at landfills in accordance with the principles set out in Directive 1999/31/EC and in particular Annex II thereto.
Article 2
Member States shall apply the procedure as set out in section 1 of the Annex to this Decision to determine the acceptability of waste at landfills.
Article 3
Member States shall ensure that waste is accepted at a landfill only if it fulfils the acceptance criteria of the relevant landfill class as set out in section 2 of the Annex to this Decision.
Article 4
The sampling and testing methods listed in section 3 of the Annex to this Decision shall be used for determining the acceptability of waste at landfills.
Article 5
Without prejudice to existing Community legislation, the criteria and procedures as set out in the Annex to this Decision shall not apply to waste resulting from prospecting, extraction, treatment and storage of mineral resources nor from the working of quarries, when they are deposited on-site. In the absence of specific Community legislation, Member States shall apply national criteria and procedures.
Article 6
Any amendments necessary for future updating of this Decision to scientific and technical progress shall be adopted by the Commission, assisted by the Committee established under Article 18 of Directive 75/442/EEC, for example adjustment of the parameters in the lists of limit values and/or development of acceptance criteria and limit values for additional subcategories of landfills for non-hazardous waste.
Article 7
1. This Decision shall take effect on 16 July 2004.
2. Member States shall apply the criteria set out in section 2 of the Annex to this Decision by 16 July 2005.
Article 8
This Decision is addressed to the Member States.
Done at Brussels, 19 December 2002.