1991L0689 — EN — 19.12.1991 — 000.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCIL DIRECTIVE
of 12December 1991
on hazardous waste
(91/689/EEC)
(OJ L 377, 31.12.1991, p. 20)
Corrected by:
►C1Corrigendum, OJ L 23, 30.1.1998, p. 39 (91/689/EEC)
▼B
COUNCIL DIRECTIVE
of 12December 1991
on hazardous waste
(91/689/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Havingreg ard to the Treaty establishingthe European Economic
Community, and in particluar ►C1Article 130s ◄thereof,
Havingreg ard to the proposal from the Commission(1),
Havingreg ard to the opinion of the European Parliament(2),
Havingreg ard to the opinion of the Economic and Social Committee(3),
Whereas Council Directive 78/319/EEC of 20 March 1978 on toxic and
dangerous waste(4), established Community rules on the disposal of
dangerous waste; whereas in order to take account of experience gainedin the implementation of that Directive by the Member States, it isnecessary to amend the rules and to replace Directive 78/319/EEC bythis Directive;
Whereas the Council resolution of 7 May 1990 on waste policy(
5) and
the action programme of the European Communities on the environ-ment, which was the subject of the resolution of the Council of theEuropean Communities and of the representatives of the Government ofthe Member States, meetingwithin the Council, of 19 October 1987 onthe continuation and implementation of a European Community policy
and action programme on the environment (1987 to 1992)(
6), envisage
Community measures to improve the conditions under which hazardouswastes are disposed of and managed;
Whereas the general rules applying to waste management which are laid
down by Council Directive 75/442/EEC of 15 July 1975 on waste(
7), as
amended by Directive 91/156/EEC(8), also apply to the management of
hazardous waste;
Whereas the correct management of hazardous waste necessitates
additional, more stringent rules to take account of the special nature ofsuch waste;
Whereas it is necessary, in order to improve the effectiveness of the
management of hazardous waste in the Community, to use a precise and
uniform definition of hazardous waste based on experience;
Whereas it is necessary to ensure that disposal and recovery of
hazardous waste is monitored in the fullest manner possible;
Whereas it must be possible rapidly to adapt the provisions of this
Directive to scientific and technical progress; whereas the Committee setup by Directive 75/442/EEC must also empowered to adapt theprovisions of this Directive to such progress,1991L0689 — EN — 19.12.1991 — 000.001 — 2
(1) OJ No C 295, 19. 11. 1988, p. 8, and
OJ No C 42, 22. 2. 1990, p. 19.
(2) OJ No C 158, 26. 6. 1989, p. 238.
(3) OJ No C 56, 6. 3. 1989, p. 2.
(4) OJ No L 84, 31. 3. 1978, p. 43.
(5) OJ No C 122, 18. 5. 1990, p. 2.
(6) OJ No C 328, 7. 12. 1987, p. 1.
(7) OJ No L 194, 25. 7. 1975, p. 39.
(8) OJ No L 78, 26. 3. 1991, p. 32.
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HAS ADOPTED THIS DIRECTIVE:
Article 1
1. The object of this Directive, drawn up pursuant to Article 2 (2) of
Directive 75/442/EEC, is to approximate the laws of the Member Stateson the controlled management of hazardous waste.
2. Subject ot this Directive, Directive 75/442/EEC shall apply to
hazardous waste.
3. The definition of ‘waste’ and of the other terms used in this
Directive shall be those in Directive 75/442/EEC.
4. For the purpose of this Directive ‘hazardous waste’ means:
— wastes featuringon a list to be drawn up in accordance with the
procedure laid down in Article 18 of Directive 75/442/EEC on thebasis of Annexes I and II to this Directive, not later than six monthsbefore the date of implementation of this Directive. These wastesmust have one or more of the properties listed in Annex III. The list
shall take into account the origin and composition of the waste and,
where necessary, limit values of concentration. This list shall beperiodically reviewed and if necessary by the same procedure,
— any other waste which is considered by a Member State to display
any of the properties listed in Annex III. Such cases shall be notifiedto the Commission and reviewed in accordance with the procedurelaid down in Article 18 of Directive 75/442/EEC with a view toadaptation of the list.
5. Domestic waste shall be exempted from the provisions of this
Directive. The Council shall establish, upon a proposal from theCommission, specific rules takinginto consideration the particular
nature of domestic waste not later than the end of 1992.
Article 2
1. Member States shall take the necessary measures to require that on
every site where tipping(discharg e) of hazardous waste takes place thewaste is recorded and identified.
2. Member States shall take the necessary measures to require that
establishment and undertakingwhich dispose of, recover, collect ortransport hazardous waste do not mix different categories of hazardous
waste or mix hazardous waste with non-hazardous waste.
3. By way of derogation from paragraph 2, the mixing of hazardous
waste with other hazardous waste or with other waste, substances or
materials may be permitted only where the conditions laid down inArticle 4 of Directive 75/442/EEC are complied with and in particularfor the purpose of improvingsafety duringdisposal or recovery. Such anoperation shall be subject to the permit requirement imposed in Articles
9, 10 and 11 of Directive 75/442/EEC.
4. Where waste is already mixed with other waste, substances or
materials, separation must be effected, where technically and economic-
ally feasible, and where necessary in order to comply with Article 4 of
Directive 75/442/EEC.
Article 3
1. The derogation referred to in Article 11 (1) (a) of Directive 75/442/
EEC from the permit requirement for establishments or undertakings
which carry out their own waste disposal shall not apply to hazardous
waste covered by this Directive.
2. In accordance with Article 11 (1) (b) of Directive 75/442/EEC, a
Member State may waive Article 10 of that Directive for establishmentsor undertakings which recover waste covered by this Directive:
— if the Member State adopts general rules listing the type and quantity
of waste and layingdown specific conditions (limit values for thecontent of hazardous substances in the waste, emission limit values,1991L0689 — EN — 19.12.1991 — 000.001 — 3
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type of activity) and other necessary requirements for carryingout
different forms of recovery, and
— if the types or quantities of waste and methods of recovery are such
that the conditions laid down in Article 4 of Directive 75/442/EECare complied with.
3. The establishments or undertankings referred to in paragraph 2
shall be registered with the competent authorities.
4. If a Member State intends to make use of the provisions of
paragraph 2, the rules referred to in that paragraph shall be sent to theCommission not later than three months prior to their cominginto force.The Commission shall consult the Member States. In the light of theseconsultations the Commission shall propose that the rules be finallyagreed upon in accordance with the procedure laid down in Article 18 of
Directive 75/442/EEC.
Article 4
1. Article 13 of Directive 75/442/EEC shall also apply to producers
of hazardous waste.
2. Article 14 of Directive 75/442/EEC shall also apply to producers
of hazardous waste and to all establishments and undertakingstransportinghazardous waste.
3. The records referred to in Article 14 of Directive 75/442/EEC must
be preserved for at least three years except in the case of establishmentsand undertakings transporting hazardous waste which must keep suchrecords for at least 12 months. Documentary evidence that themanagement operations have been carried out must be supplied at therequest of the competent authorities or of a previous holder.
Article 5
1. Member States shall take the necessary measures to ensure that, in
the course of collection, transport and temporary storage, waste isproperly packaged and labelled in accordance with the international andCommunity standards in force.
2. In the case of hazardous waste, inspections concerningcollection
and transport operations made on the basis of Article 13 of Directive 75/442/EEC shall cover more particularly the origin and destination of suchwaste.
3. Where hazardous waste is transferred, it shall be accompanied by
an identification form containingthe details specified in Section A ofAnnex I to Council Directive 84/631/EEC of 6 December 1984 on thesupervision and control within the European Community of the
transfrontier shipment of hazardous waste(
1), as last amended by
Directive 86/279/EEC(2).
Article 6
1. As provided in Article 7 of Directive 75/442/EEC, the competent
authorities shall draw up, either separately or in the framework of theirgeneral waste management plans, plans for the management ofhazardous waste and shall make these plans public.
2. The Commission shall compare these plans, and in particular the
methods of disposal and recovery. It shall make this informationavailable to the competent authorities of the Member States which ask
for it.
Article 7
In cases of emergency or grave danger, Member States shall take all
necessary steps, including, where appropriate, temporary derogations1991L0689 — EN — 19.12.1991 — 000.001 — 4
(1) OJ No L 326, 13. 12. 1984, p. 31.
(2) OJ No L 181, 4. 7. 1986, p. 13.
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from this Directive, to ensure that hazardous waste is so dealt with as not
to constitute a threat to the population or the environment. The MemberState shall inform the Commission of any such derogations.
Article 8
1. In the context of the report provided for in Article 16 (1) of
Directive 75/442/EEC, and on the basis of a questionnaire drawn up in
accordance with that Article, the Member States shall send theCommission a report on the implementation of this Directive.
2. In addition to the consolidated report referred to in Article 16 (2)
of Directive 75/442/EEC, the Commission shall report to the EuropeanParliament and the Council every three years on the implementation ofthis Directive.
3. In addition, by 12 December 1994, the Member States shall send
the Commission the followinginformation for every establishment or
undertakingwhich carries out disposal and/or recovery of hazardouswaste principally on behalf of third parties and which is likely to formpart of the integrated network referred to in Article of Directive 75/442/EEC:
— name and address,
— the method used to treat waste,
— the types and quantities of waste which can be treated.
Once a year, Member States shall inform the Commission of any
changes in this information.
The Commission shall make this information available on request to the
competent authorities in the Member States.
The format in which this information will be supplied to the
Commission shall be agreed upon in accordance with the procedurelaid down in Article 18 of Directive 75/442/EEC.
Article 9
The amendments necessary for adaptingthe Annexes to this Directive to
scientific and technical progress and for revising the list of wastesreferred to in Article 1 (4) shall be adopted in accordance with the
procedure laid down in Article 18 of Directive 74/442/EEC.
Article 10
1. The Member States shall bringinto force the laws, reg ulations and
administrative provisions necessary to comply with this Directive before
12 December 1993. They shall forthwith inform the Comission thereof.
2. When Member States adopt these measures, they shall contain a
reference to this Directive or shall be accompanied by such reference onthe occasion of their official publication. The methods of makingsuch areference shall be laid down by the Member States.
3. Member States shall communicate to the Commission the texts of
the main provisions of national law which they adopt in the field
governed by this Directive.
Article 11
Directive 78/319/EEC is hereby repealed with effect from 12 December
1993.
Article 12
This Directive is addressed to the Member States.1991L0689 — EN — 19.12.1991 — 000.001 — 5
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ANNEX I
CATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTE LISTED
ACCORDING TO THEIR NATURE OR THE ACTIVITY WHICH
GENERATED THEM (*)(WASTE MAY BE LIQUID, SLUDGE OR
SOLID IN FORM)
ANNEX I.A.
Wastes displayingany of the properties listed in Annex III and which consist of:
1. anatomical substances; hospital and other clinical wastes;
2. pharmaceuticals, medicines and veterinary compounds;
3. wood preservatives;
4. biocides and phyto-pharmaceutical substances;5. residue from substances employed as solvents;6. halogenated organic substances not employed as solvents excluding inert
polymerized materials;
7. temperingsalts containingcyanides;8. mineral oils and oily substances (e.g. cutting sludges, etc.);
9. oil/water, hydrocarbon/water mixtures, emulsions;
10. substances containingPCBs and/or PCTs (e.g . dielectrics etc.);11. tarry materials arisingfrom refining , distillation and any pyrolytic treatment
(e.g. still bottoms, etc.);
12. inks, dyes, pigments, paints, lacquers, varnishes;13. resins, latex, plasticizers, glues/adhesives;14. chemical substances arisingfrom research and development or teaching
activities which are not identified and/or are new and whose effects on man
and/or the environment are not known (e.g. laboratory residues, etc.);
15. pyrotechnics and other explosive materials;
16. photographic chemicals and processing materials;17. any material contaminated with any congener of polychlorinated dibenzo-
furan;
18. any material contaminated with any congener of polychlorinated dibenzo-p-
dioxin.
ANNEX I.B.
Wastes which contain any of the constituents listed in Annex II and havingany of
the properties listed in Annex III and consistingof:
19. animal or vegetable soaps, fats, waxes;
20. non-halogenated organic substances not employed as solvents;
21. inorganic substances without metals or metal compounds;22. ashes and/or cinders;23. soil, sand, clay includingdredg ingspoils;
24. non-cyanidic temperingsalts;
25. metallic dust, powder;26. spent catalyst materials;27. liquids or sludges containing metals or metal compounds;
28. residue from pollution control operations (e.g. baghouse dusts, etc.) except
(29), (30) and (33);
29. scrubber sludges;
30. sludges from water purification plants;31. decarbonization residue;32. ion-exchange column residue;
33. sewage sludges, untreated or unsuitable for use in agriculture;
34. residue from cleaningof tanks and/or equipment;1991L0689 — EN — 19.12.1991 — 000.001 — 6
(*) Certain duplications of entries found in Annex II are intentional.
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35. contaminated equipment;
36. contaminated containers (e.g. packaging, gas cylinders, etc.) whose contents
included one or more of the constituents listed in Annex II;
37. batteries and other electrical cells;
38. vegetable oils;39. materials resultingfrom selective waste collections from households and
which exhibit any of the characteristics listed in Annex III;
40. any other wastes which contain any of the constituents listed in Annex II and
any of the properties listed in Annex III.1991L0689 — EN — 19.12.1991 — 000.001 — 7
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ANNEX II
CONSTITUENTS OF THE WASTES IN ANNEX I.B. WHICH RENDER
THEM HAZARDOUS WHEN THEY HAVE THE PROPERTIES
DESCRIBED IN ANNEX III (*)
Wastes havingas constituents:
C1 beryllium; beryllium compounds;
C2 vanadium compounds;
C3 chromium (VI) compounds;C4 cobalt compounds;
C5 nickel compounds;
C6 copper compounds;C7 zinc compounds;
C8 arsenic; arsenic compounds;
C9 selenium; selenium compounds;C10 silver compounds;
C11 cadmium; cadmium compounds;
C12 tin compounds;C13 antimony; antimony compounds;
C14 tellurium; tellurium compounds;
C15 barium compounds; excludingbarium sulfate;C16 mercury; mercury compounds;
C17 thallium; thallium compounds;
C18 lead; lead compounds;C19 inorganic sulphides;
C20 inorganic fluorine compounds, excluding calcium fluoride;
C21 inorganic cyanides;C22 the followingalkaline or alkaline earth metals: lithium, sodium, potassium,
calcium, magnesium in uncombined form;
C23 acidic solutions or acids in solid form;
C24 basic solutions or bases in solid form;
C25 asbestos (dust and fibres);C26 phosphorus: phosphorus compounds, excludingmineral phosphates;
C27 metal carbonyls;
C28 peroxides;C29 chlorates;
C30 perchlorates;
C31 azides;C32 PCBs and/or PCTs;
C33 pharmaceutical or veterinary coumpounds;
C34 biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.);C35 infectious substances;
C36 creosotes;
C37 isocyanates; thiocyanates;C38 organic cyanides (e.g. nitriles, etc.);C39 phenols; phenol compounds;
C40 halogenated solvents;
C41 organic solvents, excluding halogenated solvents;C42 organohalogen compounds, excluding inert polymerized materials and
other substances referred to in this Annex;
C43 aromatic compounds; polycyclic and heterocyclic organic compounds;1991L0689 — EN — 19.12.1991 — 000.001 — 8
(*) Certain duplications of generic types of hazardous wastes listed in Annex I are
intentional.
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C44 aliphatic amines;
C45 aromatic aminesC46 ethers;C47 substances of an explosive character, excludingthose listed elsewhere in
this Annex;
C48 sulphur organic compounds;
C49 any congener of polychlorinated dibenzo-furan;
C50 any congener of polychlorinated dibenzo-p-dioxin;C51 hydrocarbons and their oxygen; nitrogen and/or sulphur compounds not
otherwise taken into account in this Annex.1991L0689 — EN — 19.12.1991 — 000.001 — 9
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Annex III
PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS
H1 ‘Explosive’: substances and preparations which may explode under the
effect of flame or which are more sensitive to shocks or friction than
dinitrobenzene.
H2 ‘Oxidizing’: substances and preparations which exhibit highly exothermic
reactions when in contact with other substances, particularly flammable
substances.
H3-A ‘Highly flammable’:
— liquid substances and preparations havinga flash point below 21 ºC
(includingextremely flammable liquids), or
— substances and preparations which may become hot and finally catch
fire in contact with air at ambient temperature without any application
of energy, or
— solid substances and preparations which may readily catch fire after
brief contact with a source of ignition and which continue to burn or
to be consumed after removal of the source of ignition, or
— gaseous substances and preparations which are flammable in air at
normal pressure, or
— substances and preparations which, in contact with water or damp air,
evolve highly flammable gases in dangerous quantities.
H3-B ‘Flammable’: liquid substances and preparations havinga flash point
equal to or greater than 21 ºC and less than or equal to 55 ºC.
H4 ‘Irritant’: non-corrosive substances and preparations which, through
immediate, prolonged or repeated contact with the skin or mucous
membrane, can cause inflammation.
H5 ‘harmful’: substances and preparations which, if they are inhaled or
ingested or if they penetrate the skin, may involve limited health risks.
H6 ‘Toxic’: substances and preparations (includingvery toxic substances and
preparations) which, if they are inhaled or ingested or if they penetrate
the skin, may involve serious, acute or chronic health risks and even
death.
H7 ‘Carcinogenic’: substances and preparations which, if they are inhaled or
ingested or if they penetrate the skin, may induce cancer or increase its
incidence.
H8 ‘Corrosive’: substances and preparations which may destroy livingtissue
on contacts.
H9 ‘Infectious’: substances containingviable micro-org anisms or their toxins
which are known or reliably believed to cause disease in man or other
livingorg anisms.
H10 ‘Teratogenic’: substances and preparations which, if they are inhaled or
ingested or if they penetrate the skin, may induce non-hereditary
congenital malformations or increase their incidence.
H11 ‘Mutagenic’: substances and preparations which, if they are inhaled or
ingested or if they penetrate the skin, may induce hereditary genetic
defects or increase their incidence.
H12 Substances and preparations which release toxic or very toxic gases in
contact with water, air or an acid.
H13 Substances and preparations capable by any means, after disposal, of
yieldinganother substance, e.g . a leachate, which possesses any of the
characteristics listed above.
H14 ‘Ecotoxic’: substances and preparations which present or may present
immediate or delayed risks for one or more sectors of the environment.
Notes
1. Attribution of the hazard properties ‘toxic’ (and ‘very toxic’), ‘harmful’,
‘corrosive’ and ‘irritant’ is made on the basis of the criteria laid down by
Annex VI, part I A and part II B, of Council Directive 67/548/EEC of 27 June
1967 of the approximation of laws, regulations and administrative provisions
relating to the classification, packaging and labelling of dangerous
substances(1), in the version as amended by Council Directive 79/831/EEC(2).1991L0689 — EN — 19.12.1991 — 000.001 — 10
(1) OJ No L 196, 16. 8. 1967, p. 1.
(2) OJ No L 259, 15. 10. 1979, p. 10.
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2. With regard to attribution of the properties ‘carcinogenic’, ‘teratogenic’ and
‘mutagenic’, and reflecting the most recent findings, additional criteria are
contained in the Guide to the classification and labellingof dang erous
substances and preparations of Annex VI (part II D) to Directive 67/548/EEC
in the version as amended by Commission Directive 83/467/EEC(1).
Test methods
The test methods serve to give specific meaning to the definitions given in Annex
III.
The methods to be used are those described in Annex V to Directive 67/548/EEC,
in the version as amended by Commission Directive 84/449/EEC(2), or by
subsequent Commission Directives adaptingDirective 67/548/EEC to technical
progress. These methods are themselves based on the work and recommendations
of the competent international bodies, in particular the OECD.1991L0689 — EN — 19.12.1991 — 000.001 — 11
(1) OJ No L 257, 16. 9. 1983, p. 1.
(2) OJ No L 251, 19. 9. 1984, p. 1.