1975L0442 — EN — 28.05.1996 — 003.002 — 1
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►B COUNCILDIRECTIVE
of15July1975
onwaste
(75/442/EEC)
(OJ L 194, 25.7.1975, p. 39)
Amended by:
Official Journal
No page date
►M1Council Directive 91/156/EEC of 18 March 1991 L 78 32 26.3.1991
►M2Council Directive 91/692/EEC of 23 December 1991 L 377 48 31.12.1991
►M3CommissionDecision96/350/EC of 24 May 1996 L 135 32 6.6.1996
Corrected by:
►C1Corrigendum, OJ L 146, 13.6.2003, p. 52 (91/692/EEC)
▼B
COUNCILDIRECTIVE
of15July1975
onwaste
(75/442/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Articles 100 and 235 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament (1);
Having regard to the Opinion of the Economic and Social
Committee (2);
Whereas any disparity between the provisions on waste disposal
already applicable or inpreparationinthe various Member States may
create unequal conditions of competition and thus directly affect thefunctioning of the common market; whereas it is therefore necessaryto approximate laws inthis field, as provided for inArticle 100 of theTreaty;
Whereas it seems necessary for this approximation of laws to be
accompanied by Community action so that one of the aims of theCommunity in the sphere of protection of the environment andimprovement of the quality of life can be achieved by more extensive
rules; whereas certainspecific provision s to this effect should therefore
be laid down; whereas Article 235 of the Treaty should be invoked asthe powers required for this purpose have not been provided for by theTreaty;
Whereas the essential objective of all provisions relating to waste
disposal must be the protection of human health and the environmentagainst harmful effects caused by the collection, transport, treatment,storage and tipping of waste;
Whereas the recovery of waste and the use of recovered materials
should be encouraged in order to conserve natural resources;
Whereas the programme of actionof the EuropeanCommun ities onthe
environment (
3), stresses the need for Community action, including the
harmonization of legislation;
Whereas effective and consistent regulations on waste disposal which
neither obstruct intra-Community trade nor affect conditions of compe-titionshould be applied to movable property which the own er disposesof or is required to dispose of under the provisions of national law inforce, with the exception of radioactive, mining and agricultural waste,
animal carcases, waste waters, gaseous effluents and waste covered by
specific Community rules;
Whereas, in order to ensure the protection of the environment, provi-
sion should be made for a system of permits for undertakings which
treat, store or tip waste onbehalf of third parties, for a supervisorysystem for undertakings which dispose of their own waste and for thosewhich collect the waste of others, and for a plan embracing the essen-tial factors to be taken into consideration in respect of the variouswaste disposal operations;
Whereas that proportionof the costs n ot covered by the proceeds of
treating the waste must be defrayed in accordance with the ‘polluterpays’ principle,1975L0442 — EN — 28.05.1996 — 003.002 — 2
(1) OJ No C 32, 11. 2. 1975, p. 36.
(2) OJ No C 16, 23. 1. 1975, p. 12.
(3) OJ No C 112, 20. 12. 1973, p. 3.
▼B
HAS ADOPTED THIS DIRECTIVE:
Article 1
For the purposes of this Directive:
(a) ‘waste’ shall mean any substance or object in the categories set out
in Annex I which the holder discards or intends or is required to
discard.
The Commission, acting in accordance with the procedure laid
downinArticle 18, will draw up, n ot later than1 April 1993, alist of wastes belonging to the categories listed in Annex I. This
list will be periodically reviewed and, if necessary, revised by the
same procedure;
(b) ‘producer’ shall mean anyone whose activities produce waste
(‘original producer’) and/or anyone who carries out pre-processing,
mixing or other operations resulting in a change in the nature or
compositionof this waste;
(c) ‘holder’ shall meanthe producer of the waste or the n atural or legal
personwho is inpossessionof it;
(d) ‘management’ shall mean the collection, transport, recovery and
disposal of waste, including the supervision of such operationsand after-care of disposal sites;
(e) ‘disposal’ shall mean any of the operations provided for in Annex
II, A;
(f) ‘recovery’ shall mean any of the operations provided for in Annex
II, B;
(g) ‘collection’ shall mean the gathering, sorting and/or mixing of
waste for the purpose of transport.
Article 2
1. The following shall be excluded from the scope of this Directive:
(a) gaseous effluents emitted into the atmosphere;
(b) where they are already covered by other legislation:
(i) radioactive waste;
(ii) waste resulting from prospecting, extraction, treatment and
storage of mineral resources and the working of quarries;
(iii) animal carcases and the following agricultural waste: faecal
matter and other natural, non-dangerous substances used infarming;
(iv) waste waters, with the exceptionof waste inliquid form;
(v) decommissioned explosives.
2. Specific rules for particular instances or supplementing those of
this Directive on the management of particular categories of wastemay be laid down by means of individual Directives.
Article 3
1. Member States shall take appropriate measures to encourage:
(a) firstly, the prevention or reduction of waste production and its
harmfulness, in particular by:
— the development of clean technologies more sparing in their use
of natural resources,
— the technical development and marketing of products designed
so as to make no contribution or to make the smallest possible
contribution, by the nature of their manufacture, use or finaldisposal, to increasing the amount or harmfulness of waste andpollutionhazards,
— the development of appropriate techniques for the final disposal
of dangerous substances contained in waste destined forrecovery;1975L0442 — EN — 28.05.1996 — 003.002 — 3
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(b) secondly:
(i) the recovery of waste by means of recycling, re-use or reclama-
tion or any other process with a view to extracting secondaryraw materials, or
(ii) the use of waste as a source of energy.
2. Except where Council Directive 83/189/EEC of 28 March 1983
laying down a procedure for the provision of information in the field
of technical standards and regulations (
1) applies, Member States shall
inform the Commission of any measures they intend to take to achievethe aims set out inparagraph 1. The Commissionshall in form the otherMember States and the committee referred to in Article 18 of suchmeasures.
Article 4
Member States shall take the necessary measures to ensure that waste
is recovered or disposed of without endangering human health and
without using processes or methods which could harm the environment,
and in particular:
— without risk to water, air, soil and plants and animals,
— without causing a nuisance through noise or odours,— without adversely affecting the countryside or places of special
interest.
Member States shall also take the necessary measures to prohibit the
abandonment, dumping or uncontrolled disposal of waste.
Article 5
1. Member States shall take appropriate measures, incooperation
with other Member States where this is necessary or advisable, toestablish an integrated and adequate network of disposal installations,taking account of the best available technology not involving excessive
costs. The network must enable the Community as a whole to become
self-sufficient in waste disposal and the Member States to movetowards that aim individually, taking into account geographical circum-stances or the need for specialized installations for certain types ofwaste.
2. The network must also enable waste to be disposed of in one of
the nearest appropriate installations, by means of the most appropriatemethods and technologies in order to ensure a high level of protectionfor the environment and public health.
Article 6
Member States shall establish or designate the competent authority or
authorities to be responsible for the implementation of this Directive.
Article 7
1. Inorder to attainthe objectives referred to inArticle 3, 4 an d 5,
the competent authority or authorities referred to in Article 6 shall be
required to draw up as soon as possible one or more waste managementplans. Such plans shall relate in particular to:
— the type, quantity and origin of waste to be recovered or disposed
of,
— general technical requirements,
— any special arrangements for particular wastes,
— suitable disposal sites or installations.
Such plans may, for example, cover:
— the natural or legal persons empowered to carry out the managment
of waste,1975L0442 — EN — 28.05.1996 — 003.002 — 4
(1) OJ No L 109, 26. 4. 1983, p. 8.
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— the estimated costs of the recovery and disposal operations,
— appropriate measures to encourage rationalization of the collection,
sorting and treatment of waste.
2. Member States shall collaborate as appropriate with the other
Member States concerned and the Commission to draw up such plans.They shall notify the Commission thereof.
3. Member States may take the measures necessary to prevent
movements of waste which are not in accordance ance with their waste
management plans. They shall inform the Commission and the MemberStates of any such measures.
Article 8
Member States shall take the necessary measures to ensure that any
holder of waste:
— has it handled by a private or public waste collector or by an under-
taking which carries out the operations listed in Annex II A or B, or
— recovers or disposes of it himself in accordance with the provisions
of this Directive.
Article 9
1. For the purposes of implementing Articles 4, 5 and 7, any estab-
lishment or undertaking which carries out the operations specified inAnnex II A must obtain a permit from the competent authority referred
to inArticle 6.
Such permit shall cover:
— the types and quantities of waste,
— the technical requirements,
— the security precautions to be taken,
— the disposal site,— the treatment method.
2. Permits may be granted for a specified period, they may be
renewable, they may be subject to conditions and obligations, or,notably, if the intended method of disposal is unacceptable from thepoint of view of envrionmental protection, they may be refused.
Article 10
For the purposes of implementing Article 4, any establishment or
undertaking which carries out the operations referred to in Annex II B
must obtaina permit.
Article 11
1. Without prejudice to Council Directive 78/319/EEC of 20 March
1978 on toxic and dangerous waste (
1), as last amended by the Act of
Accession of Spain and Portugal, the following may be exempted fromthe permit requirement imposed in Article 9 or Article 10:
(a) establishments or undertakings carrying out their own waste
disposal at the place of production;
and
(b) establishments or undertakings that carry out waste recovery.
This exemptionmay apply on ly:
— if the competent authorities have adopted general rules for each
type of activity laying down the types and quantities of waste andthe conditions under which the activity in question may be
exempted from the permit requirements,
and1975L0442 — EN — 28.05.1996 — 003.002 — 5
(1) OJ No L 84, 31. 3. 1978, p. 43.
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— if the types or quantities of waste and methods of disposal or
recovery are such that the conditions imposed in Article 4 arecomplied with.
2. The establishments or undertakings referred to in paragraph 1
shall be registered with the competent authorities.
3. Member States shall inform the Commission of the general rules
adopted pursuant to paragraph 1.
Article 12
Establishments or undertakings which collect or transport waste on a
professional basis or which arrange for the disposal or recovery of
waste onbehalf of others (dealers or brokers), where n ot subject toauthorization, shall be registered with the competent authorities.
Article 13
Establishments or undertakings which carry out the operations referred
to inArticles 9 to 12 shall be subject to appropriate periodic in spec-tions by the competent authorities.
Article 14
All establishments or undertakings referred to in Articles 9 and 10
shall:
— keep a record of the quantity, nature, origin, and, where relevant,
the destination, frequency of collection, mode of transport and treat-ment method in respect of the waste referred to in Annex I and theoperations referred to in Annex II A or B,
— make this information available, on request, to the competent autho-
rities referred to inArticle 6.
Member States may also require producers to comply with the provi-
sions of this Article.
Article 15
In accordance with the ‘polluter pays’ principle, the cost of disposing
of waste must be borne by:
— the holder who has waste handled by a waste collector or by an
undertaking as referred to in Article 9,
and/or
— the previous holders or the producer of the product from which the
waste came.
Article 16
At intervals of three years Member States shall send information to the
Commissiononthe implemen tationof this Directive, inthe form of asectoral report which shall also cover other pertinent CommunityDirectives. The report shall be drawnup onthe basis other of a ques-tionnaire or outline drafted by the Commission in accordance with theprocedure laid downinArticle 6 of Directive 91/692/EEC (
1). The
questionnaire or outline shall be sent to the Member States six months
before the start of the period covered by the report. The report shall bemade to the Commission within nine months of the end of the three-year period covered by it.
The first report shall cover the period 1995 to 1997 inclusive.
The Commission shall publish a Community report on the implementa-
tion of the Directive within nine months of receiving the reports fromthe Member States.1975L0442 — EN — 28.05.1996 — 003.002 — 6
(1) OJ No L 377, 31. 12. 1991, p. 48.▼M2
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Article 17
The amendments necessary for adapting the Annexes to this Directive
to scientific and technical progress shall be adopted in accordance with
the procedure laid downinArticle 18.
Article 18
The Commissionshall be assisted by a committee composed of the
representatives of the Member States and chaired by the representative
of the Commission.
The representative of the Commission shall submit to the committee a
draft of the measures to be taken. The committee shall deliver itsopinion on the draft within a time limit which the chairman may laydown according to the urgency of the matter. The opinion shall bedelivered by the majority laid downinArticle 148 (2) of the EEC
Treaty in the case of decisions which the Council is required to adopt
on a proposal from the Commission. The votes of the representatives ofthe Member States withinthe committee shall be weighted inthemanner set out in that Article. The chairman shall not vote.
The Commissionshall adopt the measures en visaged if they are in
accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the
committee, or if no opinion is delivered, the Commission shall, without
delay, submit to the Council a proposal relating to the measures to betaken. The Council shall act by a qualified majority.
If, onthe expiry of a period of three mon ths from the date of referral to
the Council, the Council has not acted, the proposed measures shall beadopted by the Commission.
Article►
M119◄
Member States shall bring into force the measures needed in order to
comply with this Directive within 24 months of its notification and
shall forthwith inform the Commission thereof.
Article►M120◄
Member States shall communicate to the Commission the texts of the
main provisions of national law which they adopt in the field coveredby this Directive.
Article►
M121◄
This Directive is addressed to the Member States.1975L0442 — EN — 28.05.1996 — 003.002 — 7
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ANNEX I
CATEGORIESOFWASTE
Q1 Production or consumption residues not otherwise specified below
Q2 Off-specificationproductsQ3 Products whose date for appropriate use has expired
Q4 Materials spilled, lost or having undergone other mishap, including any
materials, equipment, etc., contaminated as a result of the mishap
Q5 Materials contaminated or soiled as a result of planned actions (e.g. resi-
dues from cleaning operations, packing materials, containers, etc.)
Q6 Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)Q7 Substances which no longer perform satisfactorily (e.g. contaminated
acids, contaminated solvents, exhausted tempering salts, etc.)
Q8 Residues of industrial processes (e.g. slags, still bottoms, etc.)Q9 Residues from pollutionabatemen t processes (e.g. scrubber sludges,
baghouse dusts, spent filters, etc.)
Q10 Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)
Q11 Residues from raw materials extraction and processing (e.g. mining resi-
dues, oil field slops, etc.)
Q12 Adulterated materials (e.g. oils contaminated with PCBs, etc.)
Q13 Any materials, substances or products whose use has been banned by law
Q14 Products for which the holder has no further use (e.g. agricultural, house-
hold, office, commercial and shop discards, etc.)
Q15 Contaminated materials, substances or products resulting from remedial
actionwith respect to lan d
Q16 Any materials, substances or products which are not contained in the
above categories.1975L0442 — EN — 28.05.1996 — 003.002 — 8
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ANNEX IIA
DISPOSALOPERATIONS
NB:This Annex is intended to list disposal operations such as they occur in
practice. Inaccordan ce with Article 4 waste must be disposed of without
endangering human health and without the use of processes or methods
likely to harm the environment.
D 1 Deposit into or onto land (e.g. landfill, etc.)
D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils,
etc.)
D 3 Deep injection (e.g. injection of pumpable discards into wells, salt
domes or naturally occurring repositories, etc.)
D 4 Surface impoundment (e.g. placement of liquid or sludgy discards into
pits, ponds or lagoons, etc.)
D 5 Specially engineered landfill (e.g. placement into lined discrete cells
which are capped and isolated from one another and the environment,
etc.)
D 6 Release into a water body except seas/oceansD 7 Release into seas/oceans including sea-bed insertion
D 8 Biological treatment not specified elsewhere in this Annex which results
in final compounds or mixtures which are discarded by means of any of
the operations numbered D 1 to D 12
D 9 Physico-chemical treatment not specified elsewhere in this Annex which
results in final compounds or mixtures which are discarded by means of
any of the operations numbered D 1 to D 12 (e.g. evaporation, drying,
calcination, etc.)
D 10 Incineration on landD 11 Incineration at seaD 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)
D 13 Blending or mixing prior to submission to any of the operations
numbered D 1 to D 12
D 14 Repackaging prior to submission to any of the operations numbered D 1
to D 13
D 15 Storage pending any of the operations numbered D 1 to D 14 (excluding
temporary storage, pending collection, on the site where it is produced)1975L0442 — EN — 28.05.1996 — 003.002 — 9
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ANNEX IIB
RECOVERYOPERATIONS
NB:This Annex is intended to list recovery operations as they occur in prac-
tice. Inaccordan ce with Article 4 waste must be recovered without
endangering human health and without the use of processes or methods
likely to harm the environment.
R 1 Use principally as a fuel or other means to generate energy
R 2 Solvent reclamation/regeneration
R 3 Recycling/reclamation of organic substances which are not used as
solvents (including composting and other biological transformation
processes)
R 4 Recycling/reclamation of metals and metal compoundsR 5 Recycling/reclamation of other inorganic materials
R 6 Regeneration of acids or bases
R 7 Recovery of components used for pollution abatementR 8 Recovery of components from catalysts
R 9 Oil re-refining or other reuses of oil
R 10 Land treatment resulting in benefit to agriculture or ecological improve-
ment
R 11 Use of wastes obtained from any of the operations numbered R 1 to R 10
R 12 Exchange of wastes for submission to any of the operations numbered
R 1 to R 11
R 13 Storage of wastes pending any of the operations numbered R 1 to R 12
(excluding temporary storage, pending collection, on the site where it is
produced)1975L0442 — EN — 28.05.1996 — 003.002 — 10