COMVIISSION OF THE EUROPEAN COMMUNITIES 
C0MO3) 696 final - SYN 485 
Brussels, 28 December 1993 
Amended proposal for a 
COUNCIL DIRECTIVE 
AMENDING DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE 
(presented by the Commission pursuant to Article 189 A (2) 
of the EC-Treaty) 
EXPLANATORY KEMORANOUM 
Pursuant to Article I89a(2) of the EC Treaty, the Commission submits an 
amended proposal for a Council Directive modifying Directive 91/689/EEC 
on hazardous waste. This amended proposal takes account of a number of 
amendments by the European Parliament adopted at its November 1993 
Plenary Session. 
In particular, although the Commission has serious reservations as 
respects the practical value of a list as required by the original 
Directive (cf. Article 1(4)), it has reluctantly accepted the 
reinstatement of the original Article 1(4), because of the need to 
establish a Community List of Hazardous Waste with the minimum of 
delay. 
The Commission has also incorporated Parliament's amendment to delay 
the date of implementation of the Directive to 31 March 1995. 
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ORIGINAL TEXT AMENDED TEXT 
Second recital a (new) 
Whereas to avoid waste being shunted 
around, and distortions of 
competition within the Community, it 
is essential to draw UP a, . ._ 
list of hazardous waste, which would 
be binding throughout the Community; 
Fourth recital 
Whereas as a consequence rfc is. Deleted 
necessary to amend the definition of 
hazardous waste in order that the 
implementation oj Directive 
91/689/EEC no longer requires £hg 
previous establishment oj an 
inclusive and binding list of 
tosarëQttg waste. 
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ORIGINAL TEXT AMENDED TEXT 
Article 1(1) 
Directive 91/689/EEC is amended as 
follows: Directive 91/689/EEC is amended as 
follows: 
1. Article 
following: 1(4) is replaced by the 
'4. (a) For the purpose of this 
Directive 'hazardous waste' means any 
SUbStflnçe or object belonging to the 
categories or generic types of waste 
set out in Annex I, taKing into 
aCCOVffît the constituents referred to 
in Annex II, and which display one or 
more of the properties listed in 
Annex III, 
(b) The Commission, in accordance 
With the " procedure laid down in 
Article 18 of Directive 75/442/EEC, shall draw UP a Community list of 
hasardoys waste, The community Usi 
shall taKe into account the origin and composition of the waste andc 
uhsza necessary « limit values of 
concentration. This list shall be 
periodically reviewed and, ii 
necessary, revised by the same 
procedure. 
Once a Community list of hazardous waste is established, anv decision by 
a Member State to consider categories of waste as hazardous waste shall be 
notified to the Commission and 
reviewed in accordance with the 
procedure laid down in Article 18 of 
Directive 75/442/EEC with a view to 
adaptation of the Community list,' 1. Article 1(4) is replaced by the 
following: 
4. For the purpose of this Directive 
'hazardous waste' meansj. 
- waste featuring on a list to be 
drawn UP in accordance with the 
procedure laid down in Article 18 of 
Directive 75/442/EEC on the basis of 
Annexes I and II of this Directive, 
not later than six months before the 
date of implementation of this 
Directive. These wastes must have 
one or more of the properties listed 
in Annex III. The list shall take 
into account fchfi Origin and 
composition of the waste and, where 
necessary. limit values of 
concentration. This list shall be 
periodically reviewed andi if 
necessary. revised by the. game 
procedure• 
- anv other waste which is considered 
bv a Member State to display anv of 
the properties listed in Annex III. 
Such cases shall be notified to the 
Commission and reviewed in accordance 
with the procedure laid down in 
Article 18 of Directive 75/442/EEC 
with a view to adaptation of the 
list, 
ORIGINAL TEXT AMENDED TEXT 
Article 1(2) 
Article 10(1), first paragraph 
2. Article 10 is replaced by the 2.Article 1Q is replaced by the 
following: following: 
'Article 10 'Article 10 
1. Member States shall bring into 
force the laws, regulations and 
administrative provisions necessary 
to comply with this Directive by 
31 December 1994. They shall 
immediately inform the Commission 
thereof.' 1. Member States shall bring into 
force the laws, regulations and 
administrative provisions necessary 
to comply with this Directive by 
31 March 1995. They shall immediately 
inform the Commission thereof.* 
3. Article J1 
following: 
•Article 11 Article 1(3) 
is replaced by the 3. Article 11 is replaced 
following: 
'Article 11 by the 
Directive 78/319/EEC is hereby 
repealed with effect from 31 December 
1221. Directive 78/319/EEC is hereby 
repealed with effect from 31 March 
1995. 
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ISSN 0254-1475 
COM(93) 696 final 
DOCUMENTS 
EN 14 
Catalogue number : CB-CO-93-747-EN-C 
ISBN 92-77-63114-7 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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