COMMISSION OF THE EUROPEAN COMMUNITIES 
Brussels, 26.03.1998 
COM( 1998) 189 final 
97/0085 (SYN) 
Amended proposal for a 
COUNCIL DIRECTIVE 
on the landfill of waste 
(presented by the Commission pursuant to Article 189 a (2) 
of the EC-Treaty) 

EXPLANATORY MEMORANDUM 
Pursuant to Article 189 (a) paragraph 2 of the EC Treaty, the Commission submits an 
amended Proposal for a Council Directive on the landfill of waste. The amended 
Proposal takes account of a number of amendments from the European Parliament 
which were adopted at its Plenary Session on 16-20 February 1998. 
29 of the 33 amendments were adopted at the Plenary Session. The Commission can 
agree in principle to amendments 1, 5, 6, 8-11, 14-15, 19-21, 23, 24, 26 and 29. The 
Commission position on the amendments are listed in the following. 
Amendment 1 introduces a reference to the waste hierarchy in a recital. The 
Commission fully agrees to this change. 
Amendments 2, 3, 4 and 32 represent proposals for new recitals. Recitals calling for a 
new Directive on composting, a new Directive on the incineration of non-hazardous 
waste and a promotion of the use of economic instruments are among those which are 
not acceptable for Commission. In principle the Commission can agree that such 
Proposals will be put forward however, the Commission cannot accept the obligations 
in the form they have been put forward in these amendments. As regards amendment 
32, which states that incineration is a sound alternative to landfilling, the Commission 
cannot agree. The Commission Waste Strategy lists landfilling and incineration at the 
bottom of the waste hierarchy. The aim is to move waste further up in the hierarchy 
towards environmentally sound alternatives such as waste prevention, re-use and 
recycling. 
Amendment 5 addresses the need for legislation on the processing of dredging 
sludges. A revision of the sewage sludge Directive is upcoming and therefore, the 
Commission agrees in principle to this amendment. 
Amendments 6 and 21 deletes the wording "as far as possible" in recital 23 and in 
Article 10 which will ensure that the cost of the financial security is included in the 
price to be charged for the landfilling of waste. The Commission supports these 
amendments. 
Amendment 7, part of amendment 16 and amendment 23, address the need for 
improved monitoring and reporting systems. The majority of the suggested 
obligations can be supported by the Commission as they seek to ensure an increased 
transparency. However, the Commission cannot accept amendment number 7 as this 
amendment obliges the Commission to transmit the reports drafted by Member States. 
Amendment 8 specifies and clarifies the aim of the Directive. The Commission 
supports this amendment. 
Amendments 9 and 11 regard definitions. Concerning the definition of inert waste it 
has been suggested in amendment 9 to add a specific reference to the proposed water 
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framework Directive. This is acceptable for the Commission. Furthermore, it is 
suggested to define liquid waste more specifically in relation to percentage of solids 
in amendment 11. This amendment is in principle acceptable to the Commission 
however, no such specification exists in Community legislation today and some 
Member States have expressed major difficulties with such specification. 
Amendment 10 clarifies that mine storage and underground storage are covered by 
the overall definition of landfill. The Commission strongly supports this clarification 
however, the Commission has always interpreted the definition of landfill in a way 
which also included underground storage. 
Concerning the suggested definition on underground storage in amendment 12, the 
Commission cannot accept this specific definition, as the general definition of landfill 
also covers underground disposal of waste. 
In general the Commission cannot support further exemptions than those given in the 
Commission Proposal. Furthermore, the spreading of gypsum and lime for the 
purposes of fertilisation or improvement, which is suggested in amendment 13, would 
not normally be covered by the definition of landfill. However, the Commission will 
look more closely into this specific exemption and review the possibilities for an 
exemption. 
Amendments 14 and 15 introduce an exemption for non-hazardous sludges to be 
deposited in surface water including the waterway bed as well as an exemption for the 
deposit of unpolluted soil or non-hazardous inert waste from different mining 
activities. Based on information from Member States and the discussions in the 
Council the Commission can accept these amendments. 
Amendment 16 introduces an obligation for the Commission to transmit a report on 
national strategies to the Parliament and Council as well as an obligation for Member 
States and the Commission to report on the compliance with the reduction targets and 
the possible need for adjustment. Amendment 16 also widens the scope of the targets 
for biodegradable waste to cover also industrial waste as well as changes the time 
frame for Member States to monitor the amount of biodegradable waste. The 
reporting obligation in amendment 16 is the only part of this amendment which is 
acceptable for the Commission. Statistics for biodegradable industrial waste do not 
exist and therefore, this widening of the scope is not acceptable. Furthermore, the part 
of the amendment which allows for Member States not to monitor before one year 
before the targets enter into force is not acceptable for the Commission. Finally the 
targets in Article 5 should remain fixed and legally binding in order to ensure that 
Member States plan and initiate alternative waste management procedures. 
Amendment 19 deletes the exemption for tyres with a diameter above 1400 mm. The 
Commission agrees to this amendment as information has been put forward which 
gives evidence that such large tyres can be shredded and recycled. 
Amendment 20 changes the obligation for treatment. The change is in line with the 
changes which has already agreed during the Council discussions and to which the 
Commission can agree. 
Amendment 22 concerns landfill tax. The Commission is not expected to put forward 
a Proposal on economic instruments and therefore, the Commission cannot support 
amendment 22 which includes such a commitment. 
Amendment 24 specifies the obligations for the operator during the aftercare period. 
The suggested change will ensure that a 30 year aftercare period is foreseen. The 
Commission supports amendment 24 as this amendment will ensure a minimum 
aftercare period which is not included in the Commission Proposal. 
Amendment 25 addresses permits. The permit to be issued for the operation of 
landfills in relation to the Commission Proposal includes specific and strict 
requirements. Therefore, it is necessary to ensure that existing landfills not only have 
a permit according to Directive 75/442/EEC on waste as amended by Directive 
91/156/EEC, but also obtain a new permit as requested in the Commission Proposal. 
Therefore, the Commission cannot accept amendment 25. 
Amendment 26 introduces a provision to ensure that landfills without a permit in 
accordance with Directive 75/442/EEC are closed down. The Commission can accept 
amendment 26 even though this change is unnecessary, as such landfills should have 
been closed down already. 
The amendments 27, 29, 30 and 31 address the technical annexes. The Commission 
cannot agree to introduce changes to the technical annexes at this point as such 
changes should be made by the Committee as laid down in Article 16 of the 
Commission Proposal. However, the introduced reference to the water framework 
Directive in amendment 29 is acceptable for the Commission. The Commission 
cannot accept amendments 27, 30 and 31. 
Amended Proposal for a 
COUNCIL DIRECTIVE 
on the landfill of waste 
(presented by the Commission pursuant 
to Article 189a paragraph 2 of the EC Treaty) 
ORIGINAL PROPOSAL AMENDED PROPOSAL 
Recital 3 a (new) 
Whereas landfill of waste is the option of 
last resort within the hierarchy of waste 
management principles as established in 
the Commission Communication COM 
(96)399; 
Recital 9a (new) 
Whereas uniform European legislation on 
the processing of dredging sludges is 
desirable: 
Recital 23 
Whereas under the polluter pays principle Whereas under the polluter pays principle 
it is necessary, inter alia, to take into it is necessary, inter alia, to take into 
account any damage to the environment account any damage to the environment 
caused by a landfill; whereas, as a result, caused by a landfill; whereas, as a result, 
it shall be ensured that rates for waste it shall be ensured that rates for waste 
disposal in a landfill are fixed in such a disposal in a landfill are fixed in such a 
way as to cover all the costs involved in way as to cover all the costs involved in 
the setting up and operation of the the setting up and operation of the 
facility, including as far as possible the facility, including the financial security 
financial security or its equivalent which or its equivalent which the site operator 
the site operator must provide, the cost of must provide, the cost of closing the site 
closing the site and the cost of any and the cost of any necessary aftercare 
necessary aftercare measures, so as to measures, so as to ensure that these rates 
ensure that these rates reflect the true reflect the true costs for the whole life 
costs for the whole life time of a landfill time of a landfill and that these costs are 
and that these costs are not borne by the not borne by the public purse; 
public purse; 
Article 1 
With a view to meeting the requirements 
of Directive 75/442/EEC, and in 
particular Articles 3 and 4 thereof, the 
aim of this Directive is to provide for 
measures, procedures and guidance to 
prevent or reduce as far as possible 
negative effects on the environment, in 
particular the pollution of surface water, 
groundwater, soil and air, as well as the 
resulting risks to human health, from 
landfilling of waste With a view to meeting the requirements 
of Directive 75/442/EEC, and in 
particular Articles 3 and 4 thereof, the 
aim of this Directive is, bv wav of 
stringent operational and fôçhnjçal 
requirements on waste and landfills, to 
provide for measures, procedures and 
guidance to prevent or reduce as far as 
possible negative effects on the 
environment, in particular the pollution 
of surface water, groundwater, soil and 
air, and on the global environment 
including the greenhouse effect, as well 
as the resulting risks to human health, 
from landfilling of waste, during the 
setting up. operational, closure and 
aftercare phases. 
Article 2(e) 
"inert waste" shall mean waste that does 
not undergo any significant physical, 
chemical or biological transformations. 
Inert waste will not dissolve, burn or 
otherwise physically or chemically react, 
biodegrade or adversely affect other 
matter with which it comes into contact 
in a. way likely to give rise to 
environmental pollution or harm human 
health. The total leachability and 
pollutant content of the waste and 
ecotoxicity of the leachate must be 
insignificant; "inert waste" shall mean waste that does 
not undergo any significant physical, 
chemical or biological transformations. 
Inert waste will not dissolve, burn or 
otherwise physically or chemically react, 
biodegrade or adversely affect other 
matter with which it comes into contact 
in a way likely to give rise to 
environmental pollution or harm human 
health. The total leachability and 
pollutant content of the waste and 
ecotoxicity of the leachate must be 
insignificant and not endanger the good 
ecological quality of surface and/or 
groundwater as defined bv the Directive 
for a framework for Community action in 
the field of water policy (Dir. .../.../EC) 
Article 2 (f) 
f) "landfill" shall mean a waste disposal 
site for the deposit of waste on to or into 
land, including internal waste disposal 
sites (i.e. landfill where a producer of 
waste is carrying out its own waste 
disposal at the place of production) and 
excluding facilities where waste is 
unloaded in order to permit its f) "landfill" shall mean a waste disposal 
site for the deposit of waste on to or into 
land, including mine storage, and 
underground storage, internal waste 
disposal sites (i.e. landfill where a 
producer of waste is carrying out its own 
waste disposal at the place of production) 
and excluding facilities where waste is 
r 
preparation for further transport for 
recovery, treatment or disposal 
elsewhere, and temporary (i.e. less than 
,one year) deposit of waste prior to 
recovery, treatment or disposal; unloaded in order to permit its 
preparation for further transport for 
recovery, treatment or disposal 
elsewhere, and temporary (i.e. less than 
one year) deposit of waste prior to 
recovery, treatment or disposal; 
Article 2(p) 
"liquid waste" shall mean any waste in 
liquid form including waste waters but 
excluding sludge; "liquid waste" shall mean any waste in 
liquid form where a liquid is defined as a 
fluid containing £ 45% solids bv weight 
and flow characteristics to be defined 
following determination of a test method 
in accordance with the procedure laid 
down in Article 16: 
Article 3(2) third indent 
the deposit of dredging sludges alongside 
small waterways from where they have 
been dredged out; the deposit of non hazardous dredging 
sludges alongside small waterways from 
where they have been dredged out and of 
non hazardous sludges in surface water 
including the waterway bed: 
Article 3(2), fourth indent 
the deposit of unpolluted soil or of non the deposit of unpolluted soil or of non 
hazardous inert materials resulting from hazardous inert waste resulting from the 
the extracting of mineral resources. prospecting for or extracting, processing 
or storing of mineral resources, or from 
quarrying. 
Article 5, paragraph 1, subparagraph 1 
1) Member States shall set up a national 
strategy for implementation of the 
reduction of biodegradable municipal 
waste going to landfills at the entry into 
force of this Directive and notify the 
Commission of this strategy ; 1) Member States shall set up a national 
strategy for implementation of the 
reduction of biodegradable municipal 
waste going to landfills at the entry into 
force of this Directive and notify the 
Commission of this strategy . Within 6 
months of the date of transposition given 
in Article 18. the Commission shall 
provide the Council and European 
Parliament with a report drawing together 
the national strategies: 
Article 5(2)(d) 
(d)whole used tyres from two years from 
the date of entry into force of this 
Directive and shredded used tyres five 
years from this date (excluding in both 
instances bicycle tyres and tvres with an 
outside diameter above 1400 mm): (d)whole used tyres from two years from 
the date of entry into force of this 
Directive and shredded used tyres five 
years from this date (excluding in both 
instances bicycle tyres); 
l)only waste that has 
treatment is landfilled; Article 6(1) 
been subject to l)only waste that has been subject to 
treatment is landfilled. This requirement 
does not have to be applied to inert waste 
for which treatment is not technically 
suitable or to other waste for which such 
treatment does not reduce the amount of 
waste or the dangers for human health or 
the environment. 
Article 10 
Member States shall ensure that the 
minimum price to be charged by all 
public and private landfill operators for 
the disposal of any type of waste in a 
landfill shall cover at least all costs 
involved in the setting up and operation 
of the site, including as far as possible the 
cost of the financial security referred to 
in Article 8(1 )(c), and the estimated costs 
of the closure and aftercare of the site for 
a period of at least 50 years. Member 
States shall ensure transparency in the 
collection and use of any necessary cost 
information. Member States shall ensure that the 
minimum price to be charged by all 
public and private landfill operators for 
the disposal of any type of waste in a 
landfill shall cover at least all costs 
involved in the setting up and operation 
of the site, including the cost of the 
financial security referred to in Article 
8(1 )(c), and the estimated costs of the 
closure and aftercare of the site for a 
period of at least 50 years. Member 
States shall ensure transparency in the 
collection and use of any necessary cost 
information. 
Article 11, paragraph 2 
2) For landfill sites which have been 
exempted from provisions of this 
Directive by virtue of Article 3(3) 
Member States shall take the necessary 
measures to provide for : 
regular visual inspection of the waste at 
the point of deposit in order to ensure that 
only non hazardous or inert waste from 
the island or the isolated settlement is 
accepted at the site; and 
a register on the quantities of waste that 2) For landfill sites which have been 
exempted from provisions of this 
Directive by virtue of Article 3(3) 
Member States shall take the necessary 
measures to provide for : 
regular visual inspection of the waste at 
the point of deposit in order to ensure that 
only non hazardous or inert waste from 
the island or the isolated settlement is 
accepted at the site; and 
a register on the quantities of waste that 
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are deposited at the site be kept. are deposited at the site be kept and be 
publicly available. 
Member States shall ensure that 
information on the type and volume of 
waste going to such exempted sites shall 
form part of the regular reports to the 
Commission on the implementation of 
the directive. 
Article 13, paragraph 4 
4) for as long as the competent authority 
considers that landfill is likely to cause a 
hazard to the environment, the operator 
of the site shall be responsible for 
monitoring and analysing landfill gas and 
leachate from the site and the 
groundwater regime in the vicinity of the 
site in accordance with Annex III. 4) for as long as the competent authority 
considers that landfill is likely to cause a 
hazard to the environment, the operator 
of the site shall be responsible for 
monitoring and analysing landfill gas and 
leachate from the site ; this being for a 
period of at least 30 years after closure of 
the landfill. The competent authority mav 
extend or shorten the said period if the 
operator is able to demonstrate, on the 
basis of the overall management 
programme laid down in the Annexes, 
that the landfill no longer constitutes an 
active danger to the environment. 
However, no time limit should be 
imposed as regards the liability regime as 
established bv the Member States. 
Article 14, subparagraph 4a (new) 
4a) Member States shall close down anv 
existing landfill sites which have not been 
granted a permit under the waste 
framework directive (75/442/EEC as 
amended bv Directive 91/156/EEC). 
Annex I, 2, fourth indent 
treat contaminated water and leachate treat contaminated water and leachate 
collected from the landfill to the collected from the landfill to the 
appropriate standard required for their appropriate standard required for their 
discharge discharge so as not to endanger the good 
ecological quality of surface and/or 
groundwater as defined bv the Directive 
for a framework for Community action in 
the field of water policy (Dir. ../../EC). 

ISSN 0254-1475 
COM(98) 189 final 
DOCUMENTS 
EN 03 14 13 15 
Catalogue number : CB-C0-98-196-EN-C 
ISBN 92-78-32533-3 
Office for Official Publications of the European Communities 
L-2985 Luxembourg 
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