25.2.83 Official Journal of the European Communities No C 53/3 
II 
(Preparatory Acts) 
COMMISSION 
Proposal for a Council Directive on the supervision and control of transfrontier shipment 
of hazardous wastes within the European Community 
(Submitted by the Commission to the Council on 17 January 1983) 
THE COUNCIL OF THE EUROPEAN 
COMMUNITIES, 
Having regard to the Treaty establishing the 
European Economic Community, and in particular 
Article 100 thereof, 
Having regard to the proposal from the Commission, 
Having regard to the opinion of the European 
Parliament, 
Having regard to the opinion of the Economic and 
Social Committee, 
Whereas any disparity between the provisions on 
disposal of hazardous waste already applicable or in 
preparation in the various Member States may create 
unequal conditions of competition and thus directly 
affect the functioning of the common market; 
whereas there are in particular disparities between the 
procedures applying to the supervision and control of 
the transfrontier shipment of hazardous waste within 
the Community; whereas it is therefore necessary to 
approximate laws in this field, as provided for in 
Article 100 of the Treaty; 
Whereas the 1973 (*) and 1977 (2) programmes of 
action of the European Communities on the 
environment stress the need for Community action in 
order to control the disposal of hazardous waste; 
Whereas Council Directives 75/439/EEC on the 
disposal of waste oils (3), 75/442/EEC on wastes (4), 
76/403/EEC on the disposal of polychlorinated 
biphenyls and polychlorinated terphenyls (*) and 
78/319/EEC on toxic and dangerous waste (') have 
already laid down certain provisions for the 
(*) OJ No C 112, 20. 12. 1973, p. 3. 
f) OJ No C 139, 13. 6. 1977, p. 3. 
O OJ No L 194, 25. 7. 1975. 
(4) OJ No L 194, 25. 7. 1975. 
O OJ No L 108, 26. 4. 1976. 
(*) OJNoL84, 31.3. 1978. implementation of these action programmes, but have 
not yet regulated the supervision and control of the 
transfrontier shipments of hazardous wastes; 
Whereas the essential objective of all provisions 
relating to the disposal of hazardous waste must be 
the protection of human health and the safeguarding 
of the environment against the harmful effects of such 
waste; 
Whereas an efficient and coherent system of 
supervision and control of the transfrontier shipment 
of hazardous waste should neither create barriers to 
intra-Community trade nor affect competition; 
Whereas the transfrontier shipment of hazardous 
waste is increasing because of a lack of appropriate 
local treatment and disposal capacity, and in some 
cases in order to avoid compliance with more 
stringent regulations; whereas, since this increase in 
long-distance transport results in increased risk, it 
must be ensured that within the single economic area 
constituted by the common market the supervision 
and monitoring of these wastes from the moment of 
their arising until their treatment or ultimate safe 
disposal is continued across national frontiers; 
Whereas this requires notification of transfrontier 
shipment of hazardous wastes and a common uniform 
consignment note; 
Whereas in order to ensure effective protection of 
human life and the environment against the high risks 
from transport of hazardous waste, persons or under­
takings operating transfrontier shipments of 
hazardous wastes should be obliged to have a licence 
covering the shipment of such wastes; 
Whereas adequate insurance cover must be taken out 
in order to ensure compensation for damage which 
may occur during transfrontier shipments of 
hazardous wastes; 
/ 
No C 53/4 Official Journal of the European Communities 25. 2. 83 
Whereas hazardous waste should be packed bearing 
appropriate labelling indicating in particular the 
nature, composition and origin of the waste; whereas 
safety instructions to be followed in the event of 
hazards and accidents should accompany the trans­
frontier shipment of hazardous wastes in order to 
protect man and the environment against dangers 
which could arise during the shipment; 
Whereas in order to ensure that hazardous waste 
does not present unnecessary risk it should be 
properly packaged; 
Whereas the contractual arrangements should be 
communicated to the competent authorities together 
with the notification; 
Whereas Member States may give effect to the 
requirements of this Directive in accordance with any 
obligations which they may have contracted under 
international conventions on the transport of 
dangerous goods, 
HAS ADOPTED THIS DIRECTIVE: 
Article 1 
Member States shall, in accordance with the 
provisions of this Directive, take the necessary 
measures for the supervision and control with respect 
to the protection of the environment of the trans­
frontier shipment of hazardous waste within the 
European Community or entering or leaving the 
Community. 
Article 2 
For the purpose of this Directive 'hazardous waste' 
means: 
— toxic and dangerous wastes as defined in Article 1 
(b) of Directive 78/319/EEC, 
— PCB as defined in Article 1 (a) of Directive 
76/403/EEC, 
— waste oils as defined in Article 1 of Directive 
75/439/EEC. 
Article 3 
1. Where hazardous waste is to be shipped to 
another Member State of the Community for 
treatment, use, storage or final disposal, the producer 
or consignor shall give notice to the competent auth­
orities of the country of destination, the country of 
dispatch and, where appropriate, the country of 
transit. 
2. The competent authorities shall also be provided 
with satisfactory evidence, such as a suitably endorsed declaration from the waste disposer, the treatment 
centre or the licensed user in the country of 
destination or a copy of the contractual 
arrangements, that sufficient and technically adequate 
capacity and proper contractual arrangements exist 
for the environmentally safe treatment, use, storage 
or final disposal of the waste in question. 
3. General notification may be given for a specified 
period if there are continuous shipments of the same 
kind of wastes to the same disposal or treatment 
facility or to the same licensed user in the country of 
destination. 
The competent authorities of the country of 
destination may for such general notification require 
specific information to be made available such as 
precise quantities or periodical listing of the types of 
waste to be shipped. 
4. The notification shall be made on the form, a 
specimen of which is given in Annex I. 
Article 4 
1. The transfrontier shipment may not be executed 
before receipt of acknowledgement of the notification 
by the competent authorities of the country of 
destination. 
The acknowledgement shall be furnished not later 
than one month after receipt of the notification. 
2. A single acknowledgement may cover more than 
one consignment of waste or refer to a specified 
period if there are continuous shipments of waste of 
the same physical and chemical composition to the 
same treatment or disposal facility or to the same 
licensed user in the country of destination as 
proposed by a general notification. 
3. A copy of the acknowledgement shall 
accompany the shipment together with the 
consignment note. 
Article 5 
Objections to the proposal for treatment, use, storage 
or disposal in a Member State of the Community 
other than the state of origin may be made by the 
competent authorities of the country of destination 
not later than one month after receipt of the 
notification. The grounds of objection must be stated. 
Article 6 
In cases of emergency or grave danger, the producer 
or consignor may make the notification in such a 
25. 2. 83 Official Journal of the European Communities No C 53/5 
form as he deems appropriate and the competent 
authorities of the Member State concerned shall take 
the necessary measures immediately. 
Article 7 
1. The transfrontier shipment of hazardous wastes 
shall be accompanied by a consignment document in 
the form specified in Annex II, completed in 
accordance with this Article. 
2. The producer or consignor shall fill in the 
consignment document and send copies to the 
competent authorities of the countries of dispatch, 
destination, and, where appropriate, the country of 
transit. 
3. All subsequent undertakings involved in the 
operation shall complete where indicated, sign and 
retain a copy of the consignment document. 
4. The producer or consignor of the waste and the 
competent authorities of the countries of dispatch, 
transit and destination shall receive a final copy of the 
consignment document after receipt of the waste at 
the disposal or treatment facility or by the licensed 
user. The particulars on these copies shall show that 
the transfrontier shipment has been executed. 
The copies shall be sent out by the consignee not 
later than two weeks after reception of the waste. 
Article 8 
The requirements laid down in this Directive with 
respect to notification and consignment shall also 
apply to shipments of hazardous wastes from third 
countries entering the Community. 
Article 9 
When hazardous wastes are shipped to a third 
country, the customs service in the last Member State 
through which the shipment passes shall be given a 
copy of the consignment note. When satisfied that the 
shipment has properly left the Community, the 
customs service shall forward suitably endorsed copies 
of the consignment note to the consignor and the 
competent authorities of the Member States of 
dispatch and transit, thereby informing them of the 
fact. 
The consignor of the waste shall declare or certify to 
the competent authority of the Member State of 
dispatch not later than six weeks after the waste has 
left the Community that the waste has reached its 
proper destination. Article 10 
The transfrontier shipment of hazardous waste shall 
be covered by adequate insurance with respect to 
damage which it may cause during shipment. 
Article 11 
1. Transfrontier shipments of hazardous waste 
shall be properly packaged. 
2. The packaging of hazardous waste shall be 
appropriately labelled, indicating in addition to the 
nature, composition and quantity of the waste, the 
telephone number where specialist advice may be 
obtained at all times during the shipment. 
3. Transfrontier shipments shall be accompanied by 
appropriate safety instructions to be followed in the 
event of hazards and accidents. 
Article 12 
Transfrontier shipments of hazardous waste may be 
carried out only by persons or undertakings in 
possession of an appropriate licence covering the 
transport of such waste. 
Article 13 
Member States shall compile annually a list indicating 
at least the quantity and the type of hazardous waste 
which is shipped into or outside their territory. 
They shall communicate this information to the 
Commission not later than at the end of the year 
following the reporting period. 
Article 14 
Every three years, and for the first time three years 
following the notification of this Directive, Member 
States shall draw up a situation report on the 
implementation of this Directive and on the situation 
of the transfrontier shipments with which they are 
concerned. 
The Commission shall, every three years, submit a 
summary report to the Council and the European 
Parliament. 
Article 15 
The Technical Committee set up under Article 18 of 
Directive 78/319/EEC shall also be competent with 
respect to the adaptation of the Annexes to this 
Directive to technical progress. 
Such adaptations shall be made according to the 
procedure laid down in Article 16. 
No C 53/6 Official Journal of the European Communities 25.2.83 
Article 16 Article 17 
1. Where the procedure laid down in this Article is 
to be followed, matters shall be referred to the 
Committee by the chairman, either on his own 
initiative or at the request of the representative of a 
Member State. 
2. The representative of the Commission shall 
submit to the Committee a draft of the measures to 
be adopted. The Committee shall deliver its opinion 
on the draft within a time limit which may be 
determined by the chairman according to the urgency 
of the matter. It shall decide by a majority of 45 
votes, the votes of the Member States being weighted 
as provided for in Article 148 (2) of the Treaty. The 
chairman shall not vote. 
3. (a) The Commission shall adopt the measures 
envisaged where these are in accordance with 
the opinion of the Committee. 
(b) Where the measures envisaged are not in 
accordance with the opinion of the 
Committee, or if no opinion has been given, 
the Commission shall forthwith propose to the 
Council the measures to be adopted. The 
Council shall act by a qualified majority. 
(c) If, within three months of the proposal being 
submitted to it, the Council has not acted, the 
measures proposed shall be adopted by the 
Commission. Member States shall designate the competent 
authority or authorities for the implementation of this 
Directive. 
Member States shall communicate to the Commission 
within six months of the notification of this Directive 
the names, addresses, telephone and telex numbers of 
the designated authority or authorities. The 
Commission shall circulate this information to the 
Member States. 
Article 18 
Member States shall bring into force the measures 
necessary to comply with this Directive within 12 
months of its notification. They shall forthwith 
inform the Commission thereof. 
. Article 19 
Member States shall communicate to the Commission 
the texts of the provisions of national law which they 
adopt in the field covered by this Directive. 
Article 20 
This Directive is addressed to the Member States. 
25. 2. 83 Official Journal of the European Communities No C 53/7 
ANNEX I 
Notification document for the transfrontier shipment of hazardous waste 
A. Authorities' copy 
1. Denomination/description 
4. Process from which waste origi­
nated B. Producers' copy 
2. Composition (') C. Disposers' copy 
3. Mass tonnes 
5. Nature of waste explosive = a aggressive = b corrosive = c poisonous = d ADR/IMCO class No 
6. Physical appearance at normal temperature (2) 
1 = powdery/dusty 3 = pasty/muddy 5 = liquid 7 = colouring 
2 = solid 4 = slurry 6 = gaseous 
7. Producer of waste Contact person 
(name, address, telephone, telex) (name, address, telephone, telex) 
Actual point of arising: 
Destination (name and address): 
8. Means of transport 
1 = rail 
2 = road 
3 = sea 
4 = inland waterway 
5 = air 
9. Transporter 
(name, address, telephone, telex) 
10. Consignee 
(name, address, telephone, telex) 
— detail of licence (No or granting authority, validity) 
11. Observations 
(') Indicate general waste category of Directive concerned as well as main component and, if possible concentration. 
O 10-15 °C. 
PS: Notes for the application and use of the notification system are printed on the back of the notification document. 
No C 53/8 Official Journal of the European Communities 25. 2. 83 
Notes to be printed on the back of the notification document 
1. The notification document consists of four forms: 
Form 1 (red) for the competent authority of the country of destination. 
Form 2 (white with a red bar) for the competent authority of the country of dispatch. 
Form 3 (blue with a red bar) for the producer. 
Form 4 (yellow with a red bar) for the proposed consignee. 
2. The transfrontier shipment of hazardous waste may not be executed before receipt of the 
acknowledgement of the notification by the competent authorities of the country of destination. 
25.2.83 Official Journal of the European Communities No C 53/9 
ANNEX II 
Consignment document for the transfrontier shipment of hazardous waste 
A. Producers' copy B. Transporters' 
copy C. Disposers' copy 
(landfill or 
treatment) D. Authorities' copy 
1. Denomination/description 
4. Process from which waste 
originated 2. Composition (*) 3. Mass tonnes 
5. Nature of the waste explosive = a aggressive = b corrosive = c poisonous = d ADR/IMCO class No 
6. Physical appearance at normal temperature (2) 
1 = powdery/dusty 3 = pasty/muddy 
2 = solid 4 = slurry 5 = liquid 7 = colouring 
6 = gaseous 
7. Producer of waste 
(name, address, telephone, telex) 
Actual point of arising: 
Date of dispatch: 
Destination (name and address): .. 
Signature for correct information: Contact person 
(name, address, telephone, telex) 
Means of transport 
1 = rail 
2 = road 
3 = sea 
4 = inland waterway 
5 = air Registration No of vehicle and/or container (J) 
9. Containment 9.1. Container 
(size, type and No of containers) 
10. Transporter 
(name, address, telephone, telex) 
— date of receipt 
— signature Other transporters 
Reconciliation of difference Custom's control 
(stamp) 
for shipment to third countries 
11. Transport insurance against third party liability 
(name, address, telephone, telex) 
Date and validity of insurance No of insurance policy 
No C 53/10 Official Journal of the European Communities 25. 2. 83 
12. Consignee 
(name, address, telephone, telex) 
— detail of licence (No or granting authority, validity) 
— date of arrival and acceptance 
— method of disposal or treatment 
— signature for reception 
13. Observations or for use by producer, transporter/consignee/authorities 
14. Safety instructions 
(') See Annex to Directive 78/319/EEC. 
O 10-15 °C 
(') If changing vehicles, give subsequent registration No. 
PS: A list of competent authorities and their addresses, telephone and telex numbers are printed on the back of the consignment 
note. The notes for the application and use of the consignment note system are printed on the back of the consignment 
note. 
25.2.83 Official Journal of the European Communities No C 53/11 
Notes to be printed on the back of the consignment document 
1. The multipart set of the consignment document consists of eight forms: 
Form 1 (white) and 5 (gold) are records for the producer or consignor. 
Form 2 (rose) and 6 (blue) are for the competent authorities of the country of dispatch. 
Form 3 (yellow) and 7 (beige) are for the competent authority of the country of destination. 
Form 4 (orange) is a record for the carrier. 
Form 8 (green) is the record for the final disposal or treatment firm. 
2. Photocopies can be used to replace multipart forms or for other purposes. 
3. When the producer or consignor has received the acknowledgement of his proposal for 
treatment, use, storage or disposal from the competent authorities of the country of destination 
as being put forward by the notification according to Article 3, Section 1, of the Directive, he 
fills in the consignment documents. All undertakings involved in the operation should sign the 
forms and hold one copy. 
4. The carrier completes the forms in particular by indicating the name and address of his company, 
the registration No of his vehicles and the transport insurance. 
5. The producer or consignor will detach Form 1 for his records and Forms 2 and 3 to be sent to 
the competent authorities of the country of dispatch and of destination. 
In case of transit, a photocopy of Form 2 shall be sent to the competent authority of the transit 
country. 
The remaining copies are handed over to the carrier accompanying the transport. 
6. The carrier hands over these copies of the consignment note set to the consignee who will then 
record receipt of the waste. 
The carrier will retain one copy (Form 4) for his records. 
7. The final consignee will send Form 5 (gold) to the producer or consignor, Form 6 (blue) to the 
competent authority of the country of dispatch and Form 7 (beige) to the competent authority of 
the country of destination not later than two weeks after reception of the waste. 
In case of transit, a photocopy of Form 7 will be sent to the competent authority of the transit 
country. 
Form 3 should be retained by the final consignee for his records.