1975L0442 — EN — 25.03.1991 — 001.001 — 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 15July 1975
on waste
(75/442/EEC)
(OJ L 194, 25.7.1975, p. 39)
Amended by:
Official Journal
Nopage date
►M1Council Directive 91/156/EEC of 18 March 1991 L 78 32 26.3.1991
1975L0442 — EN — 25.03.1991 — 001.001 — 2
▼B
COUNCIL DIRECTIVE
of 15July 1975
on waste
(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 in preparation in the various Member States may createunequal conditions of competition and thus directly affect the func-tioning of the common market; whereas it is therefore necessary toapproximate laws in this field, as provided for in Article 100 of theTreaty;
Whereas it seems necessary for this approximation of laws to be accom-
panied by Community action so that one of the aims of the Communityin the sphere of protection of the environment and improvement of thequality of life can be achieved by more extensive rules; whereas certainspecific provisions to this effect should therefore be laid down; whereasArticle 235 of the Treaty should be invoked as the powers required forthis purpose have not been provided for by the Treaty;
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 action of the European Communities on the
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 ofcompetition should be applied to movable property which the ownerdisposes of or is required to dispose of under the provisions of nationallaw in force, with the exception of radioactive, mining and agriculturalwaste, animal carcases, waste waters, gaseous effluents and wastecovered by specific Community rules;
Whereas, in order to ensure the protection of the environment, provision
should be made for a system of permits for undertakings which treat,store or tip waste on behalf of third parties, for a supervisory system forundertakings which dispose of their own waste and for those whichcollect the waste of others, and for a plan embracing the essentialfactors to be taken into consideration in respect of the various wastedisposal operations;
Whereas that proportion of the costs not covered by the proceeds of
treating the waste must be defrayed in accordance with the ‘polluterpays' principle,
(1) OJ NoC 32, 11. 2. 1975, p. 36.
(2) OJ NoC 16, 23. 1. 1975, p. 12.
(3) OJ NoC 112, 20. 12. 1973, p. 3.
1975L0442 — EN — 25.03.1991 — 001.001 — 3
▼B
HAS ADOPTED THIS DIRECTIVE:
▼M1
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 todiscard.
The Commission, acting in accordance with the procedure laid
down in Article 18, will draw up, not later than 1 April 1993, a listof wastes belonging to the categories listed in Annex I. This list willbe periodically reviewed and, if necessary, revised by the sameprocedure;
(b) ‘producer'shall mean anyone whose activities produce waste (‘orig-
inal producer') and/or anyone who carries out pre-processing,mixing or other operations resulting in a change in the nature orcomposition of this waste;
(c) ‘holder'shall mean the producer of the waste or the natural or legal
person who is in possession of it;
(d) ‘management' shall mean the collection, transport, recovery and
disposal of waste, including the supervision of such operations andafter-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 exception of waste in liquid form;
(v) decommissioned explosives.
2. Specific rules for particular instances or supplementing those of
this Directive on the management of particular categories of waste maybe 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
soas tomake noco ntributio n o r tomake the smallest po ssiblecontribution, by the nature of their manufacture, use or finaldisposal, to increasing the amount or harmfulness of waste andpollution hazards,
— the development of appropriate techniques for the final disposal
of dangerous substances contained in waste destined forrecovery;
1975L0442 — EN — 25.03.1991 — 001.001 — 4
▼M1
(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 oftechnical standards and regulations(
1) applies, Member States shall
inform the Commission of any measures they intend to take to achievethe aims set out in paragraph 1. The Commission shall inform the otherMember States and the committee referred to in Article 18 of suchmeasures.
Article 4
Member States shall take the necessary measures toensure that waste is
recovered or disposed of without endangering human health and withoutusing processes or methods which could harm the environment, and inparticular:
— 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 alsotake the necessary measures topro hibit the
abandonment, dumping or uncontrolled disposal of waste.
Article 5
1. Member States shall take appropriate measures, in cooperation
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 excessivecosts. The network must enable the Community as a whole to becomeself-sufficient in waste disposal and the Member States to move towardsthat aim individually, taking into account geographical circumstances orthe need for specialized installations for certain types of waste.
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. In order to attain the objectives referred to in Article 3, 4 and 5,
the competent authority or authorities referred to in Article 6 shall berequired 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,
(1) OJ NoL 109, 26. 4. 1983, p. 8.
1975L0442 — EN — 25.03.1991 — 001.001 — 5
▼M1
— 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 toprevent mo ve-
ments of waste which are not in accordance ance with their wastemanagement plans. They shall inform the Commission and the MemberStates of any such measures.
Article 8
Member States shall take the necessary measures toensure that any
holder of waste:
— has it handled by a private or public waste collector or by an
undertaking which carries out the operations listed in Annex II A orB, 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 referredtoin Article 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 under-
taking which carries out the operations referred to in Annex II B mustobtain a 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 exemption may apply only:
— if the competent authorities have adopted general rules for each type
of activity laying down the types and quantities of waste and theconditions under which the activity in question may be exemptedfrom the permit requirements,
(1) OJ NoL 84, 31. 3. 1978, p. 43.
1975L0442 — EN — 25.03.1991 — 001.001 — 6
▼M1
and
— 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 ofwaste on behalf of others (dealers or brokers), where not subject toauthorization, shall be registered with the competent authorities.
Article 13
Establishments or undertakings which carry out the operations referred
toin Articles 9 to12 shall be subject toappro priate perio dic inspectio nsby 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 treatmentmethod 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
authorities referred to in Article 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 toin Article 9,
and/or
— the previous holders or the producer of the product from which the
waste came.
Article 16
1. Every three years, and for the first time on 1 April 1995, Member
States shall send the Commission a report on the measures taken toimplement this Directive. This report shall be based on a questionnaire,drawn up in accordance with the procedure referred to in Article 18,which the Commission shall send to the Member States six monthsbefore the above date.
2. On the basis of the reports referred to in paragraph 1, the Commis-
sion shall publish a consolidated report every three years, and for thefirst time on 1 April 1996.
Article 17
The amendments necessary for adapting the Annexes to this Directive
to scientific and technical progress shall be adopted in accordance withthe procedure laid down in Article 18.
1975L0442 —EN—25.03.1991 —001.001 —7
▼M1
Article 18
The Commission shall be assisted by a committee composed of the
representatives of the Member States and chaired by the representativeof 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 down in Article 148 (2) of the EECTreaty in the case of decisions which the Council is required to adopton a proposal from the Commission. The votes of the representatives ofthe Member States within the committee shall be weighted in themanner set out in that Article. The chairman shall not vote.
The Commission shall adopt the measures envisaged 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, withoutdelay, submit to the Council a proposal relating to the measures to betaken. The Council shall act by a qualified majority.
If, on the expiry of a period of three months from the date of referral to
the Council, the Council has not acted, the proposed measures shall beadopted by the Commission.
▼
B
Article►M1 19◄
Member States shall bring into force the measures needed in order to
comply with this Directive within 24 months of its notification and shallforthwith inform the Commission thereof.
Article►
M1 20◄
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►
M1 21◄
This Directive is addressed tothe Member States.
1975L0442 — EN — 25.03.1991 — 001.001 — 8
▼M1
ANNEX I
CATEGORIES OF WASTE
Q1 Production or consumption residues not otherwise specified below
Q2 Off-specification productsQ3 Products whose date for appropriate use has expiredQ4 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.
residues 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 pollution abatement 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 lawQ14 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
action with respect to land
Q16 Any materials, substances or products which are not contained in the
above categories.
1975L0442 — EN — 25.03.1991 — 001.001 — 9
▼M1
ANNEX IIA
DISPOSAL OPERATIONS
NB: This Annex is intended to list disposal operations such as they occur in
practice. In accordance with Article 4, waste must be disposed of withoutendangering human health and without the use of processes or methodslikely toharm the enviro nment.
D1 Tipping above or underground (e.g. landfill, etc.)D2 Land treatment (e.g. biodegradation of liquid or sludge discards in soils,
etc.)
D3 Deep injection (e.g. injection of pumpable discards into wells, salt domes
or naturally occuring repositories, etc.)
D4 Surface impoundment (e.g. placement of liquid or sludge discards into
pits, ponds or lagoons, etc.)
D5 Specially engineered landfill (e.g. placement intolined discrete cells
which are capped and isolated from one another and the environment,etc.)
D6 Release of solid waste into a water body except seas/oceansD7 Release into seas/oceans including seabed insertionD8 Biological treatment not specified elsewhere in this Annex which results
in final compounds or mixtures which are disposed of by means of any ofthe operations in this Annex
D9 Physico-chemical treatment not specified elsewhere in this Annex which
results in final compounds or mixtures which are disposed of by means ofany of the operations in this Annex (e.g. evaporation, drying, calcination,etc.)
D10 Incineration on landD11 Incineration at seaD12 Permanent storage (e.g. emplacement of containers in a mine, etc.)D13 Blending or mixture prior to submission to any of the operations in this
Annex
D14 Repackaging prior to submission to any of the operations in this AnnexD15 Storage pending any of the operations in this Annex, excluding temporary
storage, pending collection, on the site where it is produced.
1975L0442 —EN—25.03.1991 —001.001 —10
▼M1
ANNEX II B
OPERATIONS WHICH MAY LEAD TO RECOVERY
NB: This Annex is intended to list recovery operations as they are carried out
in practice. In accordance with Article 4, waste must be recoveredwithout endangering human health and without the use of processes ormethods likely to harm the environment.
R1 Solvent reclamation/regenerationR2 Recycling/reclamation of organic substances which are not used as
solvents
R3 Recycling/reclamation of metals and metal compoundsR4 Recycling/reclamation of other inorganic materialsR5 Regeneration of acids or basesR6 Recovery of components used for pollution abatementR7 Recovery of components from catalystsR8 Oil re-refining or other re-uses of oilR9 Use principally as a fuel or other means to generate energyR10 Spreading on land resulting in benefit to agriculture or ecological
improvement, including composting and other biological transformationprocesses, except in the case of waste excluded under Article 2 (1) (b)(iii)
R11 Use of wastes obtained from any of the operations numbered R1 — R10R12 Exchange of wastes for submission to any of the operations numbered R1
— R11
R13 Storage of materials intended for submission to any operation in this
Annex, excluding temporary storage, pending collection, on the sitewhere it is produced.