REPORT FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT ON THE IMPLEMENTATION OF COMMUNITY WASTE LEGISLATION Directive 75/442/EEC on waste, Directive 91/689/EEC on hazardous waste, Directive 75/439/EEC on waste oils, Directive 86/278/EEC on sewage sludge and Directive 94/62/EC on packaging and packaging waste FOR THE PERIOD 1998-2000

TABLE OF CONTENTS

INTRODUCTION

DIRECTIVE 75/442/EEC ON WASTE

1. INTRODUCTION

2. INCORPORATION INTO NATIONAL LAW

2.1. National Law

2.2. Definition of "waste" and the European Waste Catalogue (Article 1(a))

2.3. Competent Authorities - Article 6

3. IMPLEMENTATION OF THE DIRECTIVE

3.1. Waste Management Plans - Article 7

3.2. Details on Waste Prevention and Waste Recovery - Article 3

3.3. Self-sufficiency in waste disposal - Article 5

3.4. Details on waste generation and treatment - Article 7 (1)

3.5. General rules to provide exemptions from the permit requirement - Article

3.6. Keeping records - Article

Annex I

DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE

1. INTRODUCTION

2. INCORPORATION INTO NATIONAL LAW

2.1. National law

2.2. Definition of "hazardous waste" and the Hazardous Waste List

3. IMPLEMENTATION OF THE DIRECTIVE

3.1. National consideration of "hazardous waste" - Article 1(4)

3.2. Hazardous waste generated in households - Article 1(5)

3.3. Records and identification of the discharge of hazardous waste - Article 2(1)

3.4. Mixing of hazardous waste - Article 2(2) -(4)

3.5. General national rules replacing permit requirements for recovery operations - Article 3(2)

3.6. Inspections of the producers of hazardous waste - Article 4(1)

3.7. Records on Waste - Article 4(2)

3.8. Measures to ensure proper packaging and labelling of hazardous waste - Article 5

3.9. Waste management plans and waste statistics - Article 6

3.10. Temporary derogation from this Directive - Article 7

3.11. In addition to the questionnaire - Article 8 (3)

DIRECTIVE 75/439/EEC ON THE DISPOSAL OF WASTE OILS

1. INTRODUCTION

2. INCORPORATION INTO NATIONAL LAW

2.1. National law

2.2. Provisions regarding the regeneration of waste oils - Article 7

2.3. More stringent national measures - Article

3. IMPLEMENTATION OF THE DIRECTIVE

3.1. Waste oils management - Articles 2 and 3

3.2. Constraints regarding the regeneration and combustion of waste oils - Article 3

3.3. Public information and promotional campaigns - Article 5

3.4. Details on undertakings collecting waste oils

3.5. Allocation of waste oils to any of the types of processing - Article 5(3)

3.6. Details on undertakings which handle (in the questionnaire: "dispose of") waste oils

3.7. Limit values set for combustion - Article 8

3.8. Quantity limits for keeping records on waste oils - Article

3.9. Indemnities for undertakings which collect and dispose of waste oils - Article

Annex II

DIRECTIVE 86/278/EEC ON SEWAGE SLUDGE

1. INTRODUCTION

2. INCORPORATION INTO NATIONAL LAW

3. IMPLEMENTATION OF THE DIRECTIVE

3.1. Specific conditions when sludge from septic tanks and other similar installations is used - Article 3(2)

3.2. Concentration limit values for heavy metals in soil, sludge and maximum annual loads - Article 5

3.3. As regards Annex 1B and the maximum quantities of sludge (dry matter) applicable to soil - Article 5 (2)(a)

3.4. Less stringent limit values for concentrations of heavy metals permitted on land for growing crops intended exclusively for animal consumption - Annex IA, footnote 1

3.5. Less stringent limit values for concentrations of heavy metals permitted in soils with a pH higher than 7 - Annex I A, footnote 2

3.6. Less stringent limit values for the annual quantities of heavy metals introduced into the soils intended for fodder crops - Annex I C, footnote 1

3.7. Description of the technologies employed for treating sludge - Article 6

3.8. As regards the frequency of analysis - Annex II A, paragraph 1:

3.9. As regards specific conditions for authorising injection or working into the soil of untreated sludge - Article 6(a)

3.10. Periods of prohibition of spreading before grazing or harvesting - Article 7

3.11. Limit values or other measures for soils with a pH below 6 - Article 8

3.12. Soil analyses for other parameters than pH and heavy metals - Annex II B, paragraph 1

3.13. As regards the minimum frequency of soil analysis - Annex II B, paragraph 2

3.14. Quantities of sludge produced, sludge used in agriculture and average concentration of heavy metals in sludge - Article

3.15. Exemptions granted to small sewage treatment plants - Article

4. CONCLUSIONS

Annex III

DIRECTIVE 94/62/EC ON PACKAGING AND PACKAGING WASTE

1. INTRODUCTION

2. INCORPORATION INTO NATIONAL LAW

2.1. National law

2.2. Programmes going beyond the objectives referred to in Article 6(1)(a) and (b)

2.3. Infringement proceedings

3. IMPLEMENTATION OF THE DIRECTIVE

3.1. Prevention of packaging waste

3.2. Measures to encourage reuse systems

3.3. Measures to set up return systems

3.4. Encouragement of the use of recycled material

3.5. Information campaigns

3.6. National Standards relating to the essential requirements and to the concentration levels of heavy metals

3.7. Specific chapter on waste management plans

3.8. Economic instruments

4. Quantities of PACKAGING waste, recovery and recycling rates

4.1. Introduction

4.2. Packaging Waste Generation

4.2.1. Packaging waste generated per capita in Member States

4.2.2. Packaging waste generated per unit of GDP in Member States

4.3. Overall Recycling and Recovery

4.3.1. Current achievement of minimum requirements for 2001

4.3.2. Exceeding maximum requirements

4.4. Material-Specific Recycling

4.4.1. Glass Packaging Recycling

4.4.2. Paper Packaging Recycling

4.4.3. Metal Packaging Recycling

4.4.4. Plastic Packaging Recycling

4.5. Conclusions

Annex IV

CONCLUSIONS AND PROSPECTS

1.1. Waste definition

1.2. Hierarchy of principles

1.3. Waste management planning

1.4. Waste statistics

1.5. Record keeping

1.6. Control of waste management

1.7. Infringement proceedings

1.8. Prospects

INTRODUCTION

This report intends to inform the other Community Institutions, Member States and the interested public of the implementation of waste legislation for the period 1998 to 2000, in particular the implementation of

- Directive 75/442/EEC [1]on waste

[1] OJ L 194, 25.07.1975, p. 47 as amended by Directive 91/156/EEC (OJ L 78, 18.03.1991, p. 32)

- Directive 91/689/EEC [2] on hazardous waste (replaced Directive 78/319/EEC)

[2] OJ L 377, 31.12.1991, p. 20

- Directive 75/439/EEC [3] on the disposal of waste oils

[3] OJ L 194, 25.07.1975, p. 31 as amended by Directive 87/101/EEC (OJ L 42, 22.12.1986, p. 43)

- Directive 86/278/EEC [4] on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture

[4] OJ L 181, 04.07.1986, p. 6

- Directive 94/62/EC [5] on packaging and packaging waste

[5] OJ L 365, 31.12.1994, p. 10

It has been drafted according to Article 5 of Directive 91/692/EEC [6] standardising and rationalising reports on the implementation of certain Directives relating to the environment. The Commission has already published a report on the implementation of Directives 75/442/EEC, 91/689/EEC, 75/439/EEC and 86/278/EEC for the period 1995 to 1997 [7], as well as a report for the period 1990-1994 [8].

[6] OJ L 377, 23.12.1991, p. 48

[7] COM (99) 752 final of 10.01.2000

[8] COM (97) 23 final of 27.02.1997

Under Directive 91/692/EEC Member States are required to submit reports, drawn up on the basis of questionnaires. Questionnaires relating to Directives 75/439/EEC, 75/442/EEC and 86/278/EEC were adopted by Commission Decision 94/741/EC [9] of 24 October 1994. Questionnaires relating to Directives 91/689/EEC and 94/62/EC were adopted by Commission Decision 97/622/EC [10] of 27 May 1997.

[9] OJ L 296, 17.11.1994, p. 42

[10] OJ L 256, 19.9.1997, p. 13

Directive 91/692/EEC requires the Commission to publish a consolidated report. The aim of this Community report is to enable Member States and the Commission to assess the progress made in implementing the waste management Directives throughout the Community and, at the same time, provide the general public with information on the state of the environment.

The report is primarily based on information received from Member States; as such, its content depends largely on the completeness, quality and precision of the national contributions. As regards in particular the legal cases mentioned in the report, updated information has been included which is subsequent to the reporting period 1998-2000.

According to Directive 91/692/EEC Member States had to submit their reports by 30 September 2001. The reports from Austria, Germany, Denmark, Spain, Finland, France, Greece, Ireland, Italy, Luxembourg, Sweden, the Netherlands and the UK were transmitted between November 2001 and February 2002. Reports from the 3 regions of Belgium were transmitted between April and September 2002. Portugal submitted its reports in October 2002. Ireland submitted its report under Directive 94/62/EC in January 2003.

Most countries reported also electronically, via EIONET (European Environment Information and Observation Network).

An initial assessment of MS reports by the Commission revealed a number of gaps and/or inconsistencies, which were pointed out to the Member States concerned. Some of them provided additional information. For those reports where significant deficiencies remain, the Commission is considering initiating procedures under Article 226 of the EC Treaty.

The table below presents the correspondence between the NUTS (Nomenclature of territorial units for statistics) levels and the national administrative units, which are quoted in various tables throughout this report.

Co-operation with the European Topic Centre on Waste and Material Flow (ETC/WMF)

This is the second time for the waste sector that the report has been worked out in co-operation with the ETC/WMF, which focused mainly on the presentation of the waste data provided in the questionnaires.

The ETC/WMF was set up in June 1997 by the European Environment Agency to act as a centre of expertise for use by the Agency in support of its mission and, specifically, to undertake part of the Agency's Multi-Annual Work Programme. It has established close co-operation with all Member States of the Agency. This co-operation is developed through EIONET (European Environmental Information and Observation Network), which deals with collecting, processing and analysing environmental data, and in particular the National Reference Centres for Waste.

>TABLE POSITION>

Table : Correspondence between the NUTS levels and the national administrative units.

The national totals of one level take the superior levels belonging to this level into consideration (e.g. Belgium: 10 provinces and 1 unit, Brussels, which belongs also to Nuts 1.

DIRECTIVE 75/442/EEC ON WASTE, AS AMENDED BY DIRECTIVE 91/156/EEC

1. INTRODUCTION

Directive 75/442/EEC [11] constitutes the fundamental legal framework instrument on waste management at Community level. After entering into force in 1977 it was amended by Directive 91/156/EEC [12] in order to incorporate the guidelines set out in the Community Strategy for Waste Management of 1989. In 1996, Annex II of Directive 75/442/EEC containing the lists of disposal and recovery operations was amended by way of Commission Decision [13]. The review of the Community Strategy for Waste Management of 30 July 1996 [14] confirmed the main elements of the 1989 Strategy and adapted it to the requirements for the next five years.

[11] OJ L 194, 25.07.1975, p. 47

[12] OJ L 78, 18.03.1991, p. 32

[13] OJ L 135, 06.06.1996, p.32

[14] COM(96) 399 final, 30.07.1996

The main provisions of Directive 75/442/EEC as amended are in particular:

- definition of waste, crystallised further by the European Waste Catalogue (EWC) as consolidated by Commission Decision 2000/532/EC as amended [15], and other waste management terminology (Article 1)

[15] OJ L 226, 6.9.2000, p.3 (Commission Decision 2000/532/EC replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/404/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC) as amended by Commission Decisions 2001/118/EC (OJ L 47, 16.1.2001, p.1) and 2001/119/EC (OJ L 47, 22.1.2001, p.32) as well as Council Decision 2001/573/EC (OJ L 203, 23.7.2001,p.18).

- the hierarchy of waste management principles: waste prevention, recovery, safe disposal (Article 3 and 4)

- the principle of proximity and self-sufficiency applying to waste for final disposal and the establishment of an integrated network of disposal installations (Article 5)

- the obligation on the part of Member States to establish waste management plans, which are essential to the realisation of this policy (Article 7)

- permits for establishments and undertakings carrying out disposal and recovery operations (Article 9 and 10)

- inspections by competent authorities (Article 13)

- record keeping requirements (Article 14)

- the polluter-pays-principle (Article 15)

- reporting requirements (Article 16)

This report is based on the questionnaire adopted by Commission Decision 94/741/EC [16] of 24 October 1994. It covers the period 1998-2000.

[16] OJ L 296, 17.11.1994, p. 42

In addition to the first part of the questionnaire (INCORPORATION INTO NATIONAL LAW), comments have been incorporated with regard to the state of implementation of the definition of waste and the European Waste Catalogue. This has been done with a view to following up the evaluation made in the Commission's first report on implementation of Community waste legislation for the period 1995-1997.

2. INCORPORATION INTO NATIONAL LAW

2.1. National Law

All 15 Member States confirmed that they have provided the Commission with details of the current laws and regulations in force to incorporate the Directive 75/442/EEC on waste as amended into national law. Lists of national provisions communicated by the Member States concerning Directives 75/442/EEC and 91/156/EEC are available for inspection on the European Union's CELEX Website [17].

[17] http://www.europa.eu.int/ celex

2.2. Definition of "waste" and the European Waste Catalogue (Article 1(a))

Under Directive 75/442/EEC "waste" shall mean any substance or object in the categories set out in Annex I of the directive which the holder discards or intends or is required to discard (Article 1(a), first subparagraph). The Commission has taken measures to establish the so-called European Waste Catalogue (EWC), pursuant to Article 1(a). This is now set down in consolidated form [18] in Commission Decision 2000/532/EC, as amended.

[18] Non-exhaustive list.

The previous implementation report 1995-1997 noted that numerous divergences existed as between Member States as regards their transposition of the common definition of "waste" set out in Article 1(a) into national legislation. It is clear that correct implementation of the waste definition is of pivotal importance to ensure that Member States implement their waste management obligations correctly under Directive 75/442/EEC and related waste legislation [19]. In particular, this is necessary to ensure that a common scope of environmental protection applies on a Community-wide basis and that the functioning of the internal market is not undermined. Since that report, the transposition of the waste definition still remains an issue with respect to a number of Member States.

[19] In this context it is relevant to note that the European Court of Justice, in its judgement on joint cases C-418/99 and C-419/99 (ARCO Chemie Nederland and Others), declared, in particular, that the question whether a substance is in fact waste must be determined in the light of all the circumstances, regard being had to the aim of directive 75/442/EEC and the need to ensure that its effectiveness is not undermined.

In Italy Article 14 of the Decree of 8 July 2002 provides for interpretative criteria to the term "discard" as laid down in Article 6(1)(a) of the Italian Decree 22/97 (basic statute on waste) which transposed Directive 75/442/EEC into national law. Specifically, Article 14 establishes that there is no decision to discard when the substance or object concerned is either reused in the same or another production or consumption cycle, with or without it having been subject to any pre-treatment with any recovery operation involved. The Commission considers that this provision is inconsistent with the case law of the European Court of Justice and has the potential to exclude certain materials from the scope of Italian waste legislation that would otherwise fall under the Community waste definition.

Luxembourg has failed to transpose the EWC, as confirmed by the European Court of Justice on 15 January 2002 [20]. Specifically, it has sought to incorporate the EWC by means of ministerial circular binding only on the administration and introduces alongside the EWC a purely domestic nomenclature of waste differing from the EWC.

[20] Case C-196/01 Commission v Luxembourg (judgement available on ECJ website: www.curia.eu.int).

Notwithstanding recent changes to domestic framework legislation, infringement proceedings are also ongoing against Austria concerning the incorrect transposition of the Community waste definition, in particular in respect of the transposition of the EWC. [21] In addition, 5 of the Austrian Waste Management Act 2002 [22] introduces a presumption that certain residual substances found in waste (Altstoffe [23]) no longer remain waste when they or their material elements are directly used as substitutes for products derived from primary raw material extraction. It is settled case law of the European Court of Justice that the fact that waste may be used as a substitute for products by itself does not mean that the waste may be declassified from the waste definition under Directive 75/44/EEC. Instead, the use of waste is to be assessed according to whether this accords with the appropriate management of waste requirements as set out in Directive 75/442/EEC and related waste legislation.

[21] Case pending with the European Court of Justice C-194/01 Commission v Austria.

[22] Namely, the Waste Management Act 2002 (Abfallwirtschaftsgesetz 2002, BGBl I of 16 July 2002, Nr 102, at p989).

[23] 'Altstoffe' are defined in 2(4) subparagraph 1 of the Waste Management Act 2002 as including either waste substances which are separated from other waste or substances which are obtained through a treatment of waste done in order to subject them to a recovery operation.

In December 2001, the Commission decided to refer the United Kingdom to the European Court of Justice concerning the incorrect transposition of the definition of waste (case C-62/03). Section 75 of the Environment Protection Act 1990 [24] only transposes the requirements of Directive 75/442/EEC in relation to "controlled waste", which is defined under the 1990 Act as meaning only "household, industrial and commercial waste or any such waste". This is a more limited definition that the waste definition set out in Article 1(a) of Directive 75/442/EEC as amended. Similar problems arise in connection with the transposition legislation applicable to Northern Ireland [25] and Gibraltar. [26]

[24] Applicable to England, Scotland and Wales.

[25] Waste and Contaminated Land (Northern Ireland) Order 1997.

[26] Public Health Ordinance, as amended by Public Health (Waste) (N°2) Regulations 1995 and Public Health (Amendment) Ordinance 1997.

* Since the previous implementation report for 1995-1997, it is apparent that a number of Member States still do not transpose the waste definition correctly into national law. The transposition deadline elapsed on 1 April 1993.

2.3. Competent Authorities - Article 6

According to Article 6, Member States have to establish or designate the respective authorities responsible for the implementation of the Directive.

Table 1 provides an overview of the different structures of the national waste administrations. The number of authorities in the waste sector and their competencies differs widely throughout the European Union.

3. IMPLEMENTATION OF THE DIRECTIVE

3.1. Waste Management Plans - Article 7

According to Article 7 (1) the competent authorities shall draw up waste management plans which shall, in particular, relate to the type, quantity and origin of waste to be recovered and disposed of, general requirements, any special arrangements for particular wastes and suitable disposal sites or installations.

Waste management plans are a key element in the Community's waste management policy as, without appropriate planning, Member States are not in a position to be able to account for and deal with the waste that arises in their territories. In addition to directive 75/442/EEC, Article 6 of Directive 91/689/EEC on hazardous waste and Article 14 of Directive 94/62/EC on packaging and packaging waste require also waste management plans for those wastes.

Table 2 gives an overview of the existing waste management plans. The submitted plans vary widely in their structure, content and degree of detail. One reason is that these plans are worked out on different national, regional and local levels, another reason that Member States have different levels of experience in waste management planning. Whilst the state of national waste management planning in certain parts of the European Union as a whole is still not satisfactory, some notable progress has been made overall since the last report was made.

Fourteen Member States confirmed that they have drawn up waste management plans in order to achieve the objectives of Article 3, 4 and 5 of Directive 75/442/EEC, as amended. Austria, Denmark, Luxembourg, Spain and Sweden have all drawn up new waste management plans at national level in the period of 1998-2000. France and Germany state that they have drawn up a large number of regional and local waste plans. Greece and Ireland drew up their national plans as recently as 2001.

In 1997, the Commission brought a raft of infringement actions under Article 226 EC against several Member States [27] for having failed to draw up waste plans in accordance with Article 7 of Directive 75/442/EEC as amended. Since that time, those infringement actions have been reduced to three as several Member States have adopted waste plans in accordance with Directive 75/442/EEC as amended. In 2002, the European Court of Justice confirmed that France [28], Italy [29] and the UK [30] had failed to implement waste plans as required by Article 7. The Commission decided to initiate a second round of legal proceedings against Italy, under Article 228 of the EC Treaty, for failing to comply with the Court ruling. At the time of writing, the Commission is assessing whether further infringement action against France and the United Kingdom is necessary under Article 228 of the EC Treaty.

[27] Namely, against Denmark, Germany, Greece, Spain, France, Ireland, Italy, Luxembourg, Finland, Sweden and the UK.

[28] Case C-292/99 Commission v France, judgement 02.05.2002 (available on ECJ website www.curia.int).

[29] Case C-466/99 Commission v Italy, judgement 24.01.2002 (available on ECJ website www.curia.int).

[30] Case C-35/00 Commission v UK, judgement 24.01.2002 (available on ECJ website www.curia.int)

Discussions with Member States have revealed an interest in having a European guideline for planning of waste management. The European Topic Centre on Waste is finalising guidelines for waste management planning which should prove a useful tool in order to improve and adjust the level of waste management planning for actual and future Member States. These guidelines are due to appear in 2003.

Collaboration between Member States as referred to in Article 7(2) has taken place between some Member States. Finland and Sweden have collaborated concerning final disposal of municipal waste [31] and sewage sludge management. Germany reported that a number of its Länder consult with adjacent border regions of other Member States on planning (Schleswig-Holstein, Lower Saxony, North Rhine Westphalia and Saarland). Belgium reported that the regions of Flanders and Wallonia have consultations and contacts with neighbouring Member States on planning aspects. The UK referred to its previous submission for the first report concerning collaboration between the UK and Ireland concerning the incineration of clinical waste in the UK. Ireland [32] did not supply any details.

[31] Together with Norway.

[32] Ireland referred to its waste management (planning) regulations of 1997 allowing for consultation with relevant local authorities in Northern Ireland.

A number of Member States reported that they had provided the Commission with details of measures taken under Article 7(3) to prevent movements of waste which are not in accordance with their waste management plans: Austria, Denmark, Spain, [33] Italy, Luxembourg, the Netherlands, Finland [34], and the UK. Belgium, Greece, France, Germany, Portugal and Sweden confirmed that they had not adopted any such measures. Belgium stated that the region of Flanders adopted measures on a case by case basis, according to the waste type and factor of capacity, whilst Wallonia had not adopted any general measures. Ireland stated that no such measures have been considered necessary.

[33] Spain referred to its Law 10/98 in allowing the possibility of such measures to be taken (at NUTS 2 level).

[34] Finland referred to its Government Decision 14/2000 of 1.2.2000 which amended its National Waste Plan with a view to avoiding overlaps with the Waste Shipment Regulation (EEC) N°259/93.

In the Copenhagen case, [35] the ECJ has had occasion to shed light on the interrelationship between Article 7(3) of Directive 75/442/EEC as amended and the rules on transboundary shipments of waste destined for recovery enshrined in the Waste Shipment Regulation (EEC) N° 259/93, as amended (WSR). [36] It confirmed that Article 7(3) must be interpreted as allowing a Member State to take measures in relation to the shipment of waste if the shipment is not in accordance with its waste management plan, on condition that the plan is in conformity with the rules of the EC Treaty and of Directive 75/442 [37]. In Dusseldorp [38], the ECJ confirmed that Article 7 of the WSR does not provide for the possibility of Member States adopting measures, based on purely economic considerations, to implement the principles of proximity and self-sufficiency in the context of shipments of waste between Member States destined for recovery. Since the late 1990s, the Commission has taken infringement action against a number of Member States which have taken steps to prevent or restrict exports of waste destined for recovery [39].

[35] Case C-209/98 FFAD v Kobenhavens Kommune [2000] ECR I-3743.

[36] Regulation (EEC) N°259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended (OJ L 30, 6.2.1993, p.1).

[37] At paragraph 95 of judgement.

[38] Case C-203/96 Chemische Afvalstoffen Dusseldorp BV et al. [1998] ECR I-4075.

[39] Cases currently pending before the ECJ: C-113/02 Commission v Netherlands, C-228/00 Commission v Germany and C-458/00 Commission v Luxembourg.

* During 1997-2000 the Commission took legal action against several Member States which failed to ensure that waste plans were in place. By the end of that period the majority of Member States had drawn up plans. Problems persist with France, UK and Italy. Member States have developed some arrangements with one another on waste planning aspects, particularly for cross-border neighbouring areas. The nature of the interrelationship between local/national waste planning and internal market requirements continues to raise a number of legal issues for clarification at judicial level.

3.2. Details on Waste Prevention and Waste Recovery - Article 3

According to Article 3 (1) of the Directive and the Community Waste Management Strategy Member States have to take measures to encourage waste prevention (reduction of waste generation and its harmfulness) and waste recovery (with the preference re-use, recycling and energy recovery).

Several of Member States simply confirmed that they had provided the Commission with details of measures intended to be taken pursuant to Article 3(1) but did not provide accompanying further information: Belgium, Denmark, Germany, Spain, France, Italy, Luxembourg, the Netherlands, Austria, Sweden and the UK. Accordingly, in respect of these Member States reference should be made back to the relevant section in the first report for 1995-1997 for information on Article 3(1) implementation measures.

Greece referred to its legislative rules on packaging [40] and its establishment of a National Organisation for the Alternative Management of Packaging.

[40] Law 2939/2001.

Portugal reported that it had notified the Commission of a number of national waste planning documents which include focus on the objectives of preventing or reducing waste volumes and the risks posed. It noted that it had expanded considerably the numbers of separate collection and recycling centres serving the population, from under 1% in 1995 to 80% by 2000.

Finland reported a number of measures that it has adopted. Notably, its waste legislation [41] contains general duties of care concerning waste prevention and reduction of its quantity and harmfulness. In particular, under Finnish law it is required that producers use raw materials sparingly in production and substitute the use of raw materials with waste to the extent that this is possible. In addition, producers are under a duty of care to ensure that products are durable, reparable or recoverable as waste, and that the hazards emanating from a product in its waste phase are minimised. Competent authorities are required to promote fulfilment of these obligations and use recyclable products or products manufactured from recycled materials. Environmental permits are required in principle to include an account of proposed measures to reduce waste quantities and the hazardousness of waste generated [42]. Finland noted that its national and regional waste plans include targets on waste prevention and measures necessary to achieve those targets. Finally, it referred to related Government Decisions under waste and chemicals legislation, such as on ozone-depleting substances, batteries and accumulators, PCBs and PCTs.

[41] Section 4 of the Finnish Waste Act 1072/1993. See also Decree 1390/1993 for other related obligations.

[42] Finnish Environmental Protection Act 86/2000 and Decree 169/2000.

Ireland did not report on the state of its implementation of Article 3(1) and referred back to its report for period 1995-1997.

* From the information provided by Member States, it remains unclear whether and to how much waste has been prevented within the European Union over the 1998-2000 period.

3.3. Self-sufficiency in waste disposal - Article 5

Pursuant to Article 5 (1) Member States have to take measures to establish an integrated and adequate network of disposal installations in order to enable the Community and the Member States to become self-sufficient in waste disposal. According to Article 4(3a) i) of Regulation (EEC) No. 259/93 Member States may ban the shipment of waste destined for disposal in another Member State.

Austria reported that under the auspices of its waste plans surveys of available treatment capacities and requirements are carried out at regular intervals for the entire territory. No details were supplied on whether any collaboration exists with other Member States. Some 0.032m tonnes out of a total of 48.6m tonnes of waste generated in Austria in 1999 were exported for disposal, representing over 99% self-sufficiency.

Belgium reported that it had not taken any measures for the purposes of implementing Article 5(1). Co-operation with other Member States for this purpose has taken place with the Flemish Region, this being under the auspices of EU legislation on waste shipments [43]. Apart from discussions between this Region and the Netherlands, no structures for co-operation exist. No specific information was supplied regarding the extent to which Belgium was self-sufficient in waste disposal for the period 1998-2000.

[43] Regulation (EEC) N°259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended (OJ L 30, 6.2.1993, p.1).

Denmark reported no change from its position with respect to the first report 1995-1997 in terms of measures adopted. As regards self-sufficiency, it stated that total waste production in Denmark stood at 12.2m tonnes in 1999. Of this quantity, some 7.8m tonnes was recycled, 2.93m tonnes incinerated, 1.47m tonnes disposed of and 0.017m tonnes was subject to special treatment.

Finland confirmed that it had taken measures to fulfil Article 5(1). The general targets and measures to achieve them are defined in legislation [44] and have been further specified in the National Waste Plan adopted in 1998. The plan outlines the targeted infrastructure of the network of waste management installations in Finland by 2005. Municipal waste management is based on regional co-operation. Hazardous wastes are disposed of or recovered in centralised plants. The responsibility for recovery and final disposal of industrial, agricultural and construction waste lies with the waste producers. Collaboration exists with Sweden as regards border areas. In terms of the degree of self-sufficiency in waste disposal, Finland confirmed the following amounts of waste exports for 1999: 0.0034m tonnes out of a total of 2.4m tonnes of solid municipal waste (over 99.8% self-sufficient); 0.000086m tonnes out of a total of 0.678m tonnes of hazardous waste (some 100% self-sufficiency).

[44] Waste Act 1072/93, section 6.

France affirmed that it had taken legislative measures for the purposes of fulfilling Article 5(1) [45]. No details were supplied on whether any collaboration exists with other Member States. In terms of self-sufficiency in waste disposal, France reported that each year some 0.02m tonnes out of a total of 3m tonnes of hazardous waste are exported for disposal (approximately 99.3% degree of self-sufficiency), while for municipal waste the degree of self-sufficiency is nearly 100%.

[45] Law N° 76-663 of 19 July 1976.

Germany reported taking the following measures in fulfilment of Article 5(1): extensive plans for waste treatment plants and disposal sites, co-ordinated as between neighbouring Länder (regional states). Co-operation agreements exist between Länder with a view to making fuller use of available treatment facilities such as waste disposal sites, thermal treatment plants and underground disposal sites [46]. The Brandenburg/Berlin joint hazardous waste company was cited as an example. Various Länder are reported to have programmes providing financial support in the field of waste management. As regards collaboration with other Member States for this purpose, Germany referred to its position provided for the 1995-1997 report [47]. As far as the degree of self-sufficiency in terms of waste disposal is concerned, Germany reported that in 2000 it exported some 1.3m and 0.09m tonnes of hazardous waste for recovery and disposal respectively. It noted that in 2000 some 1.5m and 0.4m tonnes of hazardous waste was imported for recovery and disposal respectively. Most Länder are reported by Germany to endeavour to be self-sufficient in waste management.

[46] An example of such co-operation between Länder is provided in the recent ECJ judgement Case C-324/99 DaimlerChrysler AG v Land Baden-Württemberg (LBW) [2001] ECR I-9897, in which LBW arranged for waste requiring special supervision to be sent to Hamburg for treatment.

[47] It is also clear that Germany is prepared to import quantities of waste from other Member States for the purposes of underground deposition: see Case C-6/00 Abfall Service AG (ASA) v Bundesminister für Umwelt, Jugend und Familie, ECJ judgement of 27.2.2002 (not yet reported).

Greece reported that it had not taken any measures to fulfil the obligation in Article 5(1). Such elements are included in the 2002 update of its waste strategy aiming at integrated management on a regional basis. Without providing specific details, it confirmed that collaboration for this purpose exists between Greece and other Member States as regards transfrontier shipment of both hazardous and non-hazardous waste for recovery or disposal. This is reported to take the form of collaboration between undertakings operating in the field of waste management, subject to consent of the competent authorities [48]. In response to the question on degree of self-sufficiency in waste disposal, Greece reported that 31.7% of domestic waste is disposed of at so-called 'Waste Hygienic Landfill Sites', whereas 59,6% is disposed at sites in Greece which do not fulfil all of the conditions imposed by legislation in force. 8% and 0.7% of such waste is reported to be recycled and composted respectively.

[48] Presumably, this is a reference to the operation of Regulation (EEC) N°259/93 on the supervision and control of shipments of waste within, into and out of the European Community, as amended (OJ L 30, 6.2.1993, p.1).

Ireland affirmed that it had taken Article 5(1) measures [49] and referred to financial assistance allocated under the EU Structural Funds for relevant infrastructure. Collaboration has been established with the UK according to which hazardous waste requiring high temperature incineration may be exported to the UK for disposal on an indefinite basis. Ireland stated that there is a high degree of self-sufficiency in terms of disposal of non-hazardous waste and reported that in 1998 some 98000 tonnes out of a total of 370328 tonnes of hazardous waste were exported for treatment or disposal.

[49] Relevant provisions are included in sections 22, 26 and 38 of its Waste Management Act of 1996.

Italy affirmed that it had taken Article 5(1) measures in the form of its regional waste plans as notified to the Commission, without providing further details. No details were supplied on whether any collaboration exists with other Member States. Italy confirmed that it was close to being totally self-sufficient in terms of waste disposal.

Luxembourg confirmed that the disposal of waste is taken care of by various installations at national level, suitable for household, industrial and inert waste. It reported that formalised co-operation with other Member States is defined within the framework of the national waste plan, which identifies the priorities for waste flows. Some 0.05m tonnes of waste were exported for disposal annually to other Member States over the period 1998-2000. Luxembourg reported the following amounts of waste exported in 2000: some 0.003m tonnes out of a total of some 0.191m tonnes of municipal waste (98.4% self-sufficiency); some 0.051m tonnes out of a total of 0.061m tonnes of hazardous waste (16.4% self-sufficiency). Luxembourg reported 100% self-sufficiency for inert waste other than those disposed at municipal or small private waste disposal sites.

The Netherlands referred to its waste management plans as including measures to ensure sufficient capacity for the disposal of waste. These include the planning and construction of waste disposal plants for the incineration on land [50] and landfill of hazardous and non-hazardous wastes. It reported that the capacity for the disposal by incineration and landfill of waste is currently sufficient to dispose of all waste produced in the Netherlands for the foreseeable future. No collaboration with other Member States was reported to have been established for the purpose of implementing Article 5(1). In terms of self-sufficiency for waste disposal, the Netherlands reported that it was virtually self-sufficient, the quantities of waste either exported or imported for disposal being limited. It noted though that special circumstances may arise occasionally for there to be temporary exports for disposal other than to landfill for which there is sufficient capacity.

[50] In 1998, the Netherlands was found to have breached the Waste Shipment Regulation (EEC) N° 259/93 in having imposed restrictions on exports of waste destined for recovery with a view to safeguarding capacity for domestic thermal treatment installation(s), the ECJ confirming that the principles of self-sufficiency and proximity do not apply: Case C-203/96 Chemische Afvalstoffen Dusseldorp BV [1998] ECR I-4075. See also follow up Case C-113/02 Commission v Netherlands, pending before the ECJ. A related case is currently pending before the ECJ on whether municipal solid waste incineration constitutes a recovery or disposal operation, which will have a significant impact on the scope of Member States in being able to block exports of waste destined for MSWI in other Member States, as the principles of self-sufficiency and proximity apply in relation to intra-Community waste shipments destined for disposal (see Article 4(3)(a) of the Waste Shipment Regulation (EEC) N°259/93, op cit): Case C-458/00 Commission v Luxembourg.

Portugal confirmed that it had taken a series of measures to implement Article 5(1). As regards the disposal of solid urban waste, Portugal has a network of intermunicipal and multimunicipal systems in place. It reported recent measures being instituted in order to introduce new controls on the disposal of non-hazardous industrial waste [51] as well as development of dedicated sites for the disposal and storage of industrial hazardous waste. Special measures are applied in relation to the disposal of hospital waste types. Certain special waste streams (such as waste oils, used tyres, sludges, spent batteries) are treated irrespective of their origin and for the most part, specific legislation has been adopted providing integrated management directed towards facilitating recycling. Portugal confirmed that no collaboration has taken place with other Member States on fulfilling Article 5(1). In 1999, some 0.031m tonnes out of a total of 12.78m tonnes of waste generated in Portugal was exported for disposal (representing over 99% self-sufficiency).

[51] Decree-Law 321/99 of 11 August 1999.

Spain reported that it had adopted Article 5(1) measures in its waste plans and affirmed that it had collaborated with other Member States for the purpose, without providing details. In terms of self-sufficiency in waste disposal, Spain reported that in 1999 all the urban waste arising in Spain was managed in that country. Waste is imported from Andorra and Gibraltar. Spain reported that in 1999 some 3.29m tonnes of hazardous waste was generated, of which some 0.03m and 0.02m tonnes was exported for recovery and disposal respectively. It noted that some 0.08m and 0.03m tonnes of hazardous waste was imported for recovery and disposal respectively.

Sweden affirmed that it had taken Article 5(1) measures in the form of its regional waste plans as notified to the Commission, without providing further details. Sweden reported that in general terms it has a degree of 100% self-sufficiency in waste disposal. Collaboration exists with Finland in boarder areas where local circumstances so warrant.

The United Kingdom confirmed that since the last report it has put in place national waste strategies for England and Wales (May 2000), Scotland (December 1999), Northern Ireland (March 2000) and also for Gibraltar (March 2000). These strategies are reported to operate in conjunction with the relevant planning guidance for each area, to give integrated management strategies for all controlled waste. The UK Waste Management Plan for Exports and Imports of Waste 1996 serves to implement the principle of national self-sufficiency, prohibiting exports of waste for disposal. Reference should be made to the previous implementation report for 1995-1997 on collaboration with other Member States. The United Kingdom estimated that it was 98.4% and 98.5% self-sufficient for waste disposal for the periods 1998/1999 and 1999/2000 respectively.

* Overall, most Member States reported that they had attained high degrees of self-sufficiency in terms of waste disposal of around 99%, which essentially restates the position of the previous implementation report for 1995-1997.

3.4. Details on waste generation and treatment - Article 7 (1)

In the questionnaire Member States were asked to provide data on the generation and management of domestic waste, hazardous waste, and other wastes.

As regards domestic/municipal waste (Table 3.1 [52] and Figure 1) all countries supplied data but in some cases not for all 3 years of the reporting period. The data received indicate that the percentages of waste recycling differ widely from 8 to 63%. Only five Member States achieved a recycling rate of around 40% or over (Austria, Belgium, Germany, Netherlands and Sweden) whereas five other Member States only achieved recycling rates of around 10% or under (France, Greece, Ireland, Italy and the UK). The mean recycling rate was some 26%. Incineration, regardless of whether with or without energy recovery, is shown to be continuing as an important part of domestic waste management in ten Member States (17% to 58%), while Greece and Ireland do not apply incineration at all. The mean rate for incineration (with or without energy recovery) was 23%. However, the most common handling still remains disposal on landfills with the average being 45% amongst the Member States. Five Member States indicated high dependency rates on landfill for domestic waste (above 60%) [53]. These figures indicate an overall slight improvement in recycling rates since the 1995-1997 implementation report, but landfill continues to dominate as the primary means of waste management in respect of domestic waste. The approximate average weight of waste produced per capita annually during the 1998-2000 period was some 500kg. This indicates an increase in the production compared to the period 1995-1997 (average 400 kg/person/year) and clearly falls far short of the objective contained in the Commission's Fifth Environmental Action Programme for a stabilisation of waste generation to 1985 levels of 300 kg per capita by 2000, and indicates that much greater effort needs to be made at national level to promote effective waste prevention and reduction measures.

[52] Some Member States provided figures on municipal waste which may include, in addition to domestic waste, commercial, industrial and institutional waste of a similar nature.

[53] Furthermore, in Greece the largest proportion of "other treatment" represents illegal dumping of waste.

For hazardous waste (Table 3.2 and Figure 2) all countries supplied data but in some cases not for all 3 years of the reporting period. The data received indicate a wide variation in recycling rates (from 5% (Finland) to 77% (Luxembourg)) with only four Member States attaining rates around or higher than 40%. The mean rate of recycling of hazardous waste amongst the Member States approximated 27%. Unlike the data on domestic waste, the mean rate of landfilling is lower (22%) but another 27% in average was reported as "other treatment". The average production of hazardous waste (90 kg/person/year) is in the same range as in 1995-1997.

"Other wastes" constitute the biggest part of the generated waste (see Table 3.3 and Figures 3 and 4). It is not possible to provide a clear picture on "other wastes" for their composition and handling throughout the European Union as Member States included different fractions or even did not provide any figures.

* The success of waste recycling continues to differ widely between Member States, a feature noted in the previous implementation report 1995-1997. The average recycling rate has increased but a number of Member States still achieve relatively small or modest rates of recycling of domestic waste. Despite a decreasing tendency, a good number continue to rely heavily on landfill as means of disposing domestic waste. Some Member States have a high rate of incineration; but even with energy recovery (for which different criteria are used at national level) incineration is generally an inferior option to other waste treatment alternatives further up the waste hierarchy, such as reuse and material recycling. Prospective and recent legislative initiatives on packaging waste [54], end-of-life vehicles [55] and electrical and electronic waste [56] focus on especially high recycling rates as well as separate collection of waste at source as the means.

[54] COM(2001)729final Commission proposal for a Directive of the European Parliament and of the Council amending Directive 94/62/EC on packaging and packaging waste.

[55] Directive 2000/53/EC of the European Parliament and Council on end-of-life vehicles, OJ L 269, 21.10.2000, p.34.

[56] COM(2000)347final Commission proposal for a Directive of the European Parliament and Council on waste electrical and electronic equipment. The proposal was recently adopted on 16-19.12.2002 by Council and European Parliament (not yet published in Official Journal).

3.5. General rules to provide exemptions from the permit requirement - Article 11

Pursuant to Article 11 Member States may exempt establishments and undertakings carrying out their own waste disposal at the place of production or recovery operations from the permit requirement (Article 9 and 10).

Belgium, Denmark, Germany, Greece, Spain, France, the Netherlands, Austria, Portugal, Finland and Sweden confirmed that they had not adopted any general rules to provide exemptions from any waste permit requirements.

Ireland, Italy and the United Kingdom confirmed that they had adopted such rules without providing practical details. Luxembourg confirmed that it had also done so.

* As was the case for the previous implementation report, relatively few Member States have implemented the possibility for exempting permit requirements in 1998-2000. Disappointingly, no reason or advantages have been provided by those Member States who have done so. This remains a very underdeveloped area. Recently, Italy has requested and been granted the possibility to exempt undertakings from having to obtain permits in respect of certain types of hazardous waste recovery under the auspices of Article 3 of Directive 91/689/EEC [57]. This is the first example of such an exemption.

[57] Commission Decision 2002/909/EC on Italian rules waiving permitting requirements for undertakings and establishments recovering hazardous waste under Article 3 of Directive 91/689/EEC on hazardous waste, OJ L 315, 19.11.2002, p.16.

3.6. Keeping records - Article 14

Pursuant to Article 14 establishments and undertakings carrying out recovery and disposal operations have to keep records on waste and waste management. Producers might be included in the provisions. They have to make this information available at the request of the competent authorities.

As regards Belgium, the Flemish region requires records to be kept on the basis of Article 5.2.1.2 4 of Decree Vlarea II [58]. Section 5.1.5 of Decree Vlarea supplements these registration obligations. Reference should be made to the 1995-1997 implementation report on producer responsibilities under Article 14.

[58] Flemish regulations on the prevention and management of waste.

Denmark referred to particular provisions on the requirement of establishments and undertakings engaged in waste recovery or disposal to keep records [59]. Denmark also confirmed that certain companies are required to keep records in relation to waste production as from 2001 for a five year period, and such information is to be made accessible by competent authorities [60].

[59] Sections 15-17 of the Ministry of the Environment and Energy's Order N°619 of 27 June 2000 on the Information System for Waste and Recycling (ISAG).

[60] See sections 18, 19, 50 and 53 of the Ministry of the Environment and Energy's Order N°619 of 27 June 2000 on waste.

Germany confirmed that its waste legislation stipulates record keeping requirements for establishments and undertakings carrying out recovery or disposal operations [61]. Monitoring of waste management is carried out by means of certification and keeping of records and documents. Reference should be made to the 1995-1997 implementation report for further details.

[61] See the Closed Substance Cycle Waste Management Act 1994, Ordinance on Certification of Recovery and Disposal, Ordinance on Specialised Waste Management Companies, Technical Guidelines for the Storage, Chemical, Physical and Biological Treatment, Incineration and Dumping of W Requiring Particular Monitoring and the Technical Guidelines for the Recovery, Treatment and Other Forms of Management of Domestic Waste.

Greece reported that its waste legislation stipulates record keeping requirements for establishments and undertakings carrying out recovery or disposal operations and for producers of waste [62]. Specifically, they are required to keep records and make these available to the competent authorities when requested. Such entities are to forward this information to the prefect of the area in which the installation concerned is located or where operations are carried out on an annual basis. Each prefect concerned is required to submit an annual explanatory report to the Minister for the Environment, Regional Planning and Public Works.

[62] Joint Ministerial Decision 69728/824/1996 (Gov. Journal 358/B).

Spain also confirmed that its waste legislation stipulates record keeping requirements for waste disposal and recovery undertakings [63], without providing further practical details. It noted that producers of hazardous waste are required to comply with Article 14 under Spanish legislation [64].

[63] Article 13(3) of Law 10/1998 on waste.

[64] Articles 16-17 of Royal Decree 833/1988.

France likewise confirmed that its waste legislation stipulates record keeping requirements for waste disposal and recovery undertakings as well as for producers [65], without providing further practical details.

[65] Article 8 of the "Arrêté du 4 janvier 1985 relatif au contrôle des circuits d'élimination des déchets générateurs de nuisances".

Ireland confirmed that there are requirements on record keeping, incorporating standardised formats. Producers of hazardous waste are obliged [66] to keep records of the generation, treatment, collection and transport of such waste and make them available for inspection by competent authorities.

[66] In accordance with Part VI of the waste management (hazardous waste) regulations of 1998.

Italy reported that its waste legislation contains a number of record keeping and related certification requirements binding on waste disposal and recovery undertakings as well as for producers of hazardous waste (except certain agricultural undertakings) and producers of non-hazardous waste engaged in industrial and craft processes (with the exception of certain small operators) [67]. Record keeping is standardised and subject to periodic certification procedures with the competent authorities.

[67] Decree Law 22/1997.

Luxembourg restated that the Community provision has been transposed by Article 14 of the Law of 17 June 1994. The establishments, which have to keep records and which may be exempted are listed in Article 10 and 11 of that law.

The Netherlands reported that it required establishments and undertakings which treat, process or dispose of waste to keep records of the nature and composition of the waste handled. It confirmed that there is no standard form of registration, and as a general rule such establishments and undertakings are allowed to keep the records in a form which suits them. Standard forms are used to inform competent authorities of the receipt of waste. The Netherlands confirmed that producers of waste are also required to keep records of waste handed over. In addition they are also required to provide the transferee of the waste with regard to the nature and composition of the waste.

Austria confirmed that its waste legislation requires anyone who performs an activity which generates waste, or who collects or treats waste must maintain records for each year and provide competent authorities with such information upon request [68]. Such records are to be held for at least seven years. Austria confirmed that producers are subject to record keeping obligations under this national legislation.

[68] Waste Management Act and Waste Control Ordinance 65/1991.

Portugal confirmed that its waste legislation stipulates record keeping requirements for waste disposal and recovery undertakings as well as operators carrying out waste storage activities [69]. Specific record keeping duties are allocated to managers of hospital waste [70], collectors and regenerators of waste oils [71], undertakings disposing or decontaminating PCBs [72] as well for entities authorised to issue destruction or qualified dismantling certificates for end-of-life vehicles [73]. Producers of waste are also subject to record keeping obligations and to deliver registers of the waste produced to competent authorities [74].

[69] Chapter IV of Decree Law 239/97 of 9.9.1997.

[70] Article 12 of Order 174/97 of 10.3.1997.

[71] Article 3(2) of Decree Law 88/91 of 23.2.1991.

[72] Article 5 of Decree Law 277/99 of 23.7.1999.

[73] Article 3 of Decree Law 292-B/2000 of 15.11.2000.

[74] Article 17(1) of Decree Law 239/97.

In Finland waste recovery and disposal undertakings requiring environmental permits are subject to record keeping obligations [75]. Both record records and annual reporting to competent authorities are recommended to be made in standard format; forms are distributed to operators by the competent authorities. Producers of hazardous waste (excluding households) are also obliged to keep records.

[75] Section 51 of the Finnish Waste Act.

Sweden reported that its environmental code contained record keeping requirements, without providing specific details. It noted that producers are not subject to record keeping obligations in Sweden.

* Most Member States appear to have implemented their record keeping obligations under Article 14. Some indicate that they have developed producer-related obligations in addition to those for producers of hazardous waste. The experience gained from Member States in implementing record keeping obligations remains an underdeveloped area.

*

Annex I

>TABLE POSITION>

Table 1. Number of competent authorities in each of the NUTS levels designated pursuant to Article 6 and the competence in relation to the directives (Questionnaire, Paragraph I, Question 2).

Notes:

(1) N is a type of authority and a shortening for NUTS: Nomenclature of territorial units for statistics (Eurostat).

(2) Number of authorities is given in short for example by: N2=5 is equal to 5 authorities/institutions of NUTS-level 2.

(3) The other information in the table is given in the boxes for example by: N3, N5 is equal to incorporation of the articles at authorities/institutions of type NUTS 3 and NUTS 5.

(4) N5: Local waste management planning (siting of bins, routing of refuse collection vehicles etc.)

(5) No information on NUTS level N0, N2: Competence for granting planning permission and for approving environmental terms, N3: Publicising of environmental impact assessments (EIA); granting of permits; controls.

(6) N0: UK Government, Scottish Executive, Northern Ireland Assembly, National Assembly for Wales, Gov. of Gibraltar. N1: England/Wales (DEFRA+EA), Scotland (SEPA), Northern Ireland (EHS), Gibraltar (Gov. Gibraltar). N3: Local or District authorities: 121 UAs and WDAs in England, 22 in Wales, 32 in Scotland, 26 in Northern Ireland, 1 in Gibraltar.

(7) N0: Permits for Disposal and Recovery Operations: issues declaration of no objection to provincial permits. Registration of establishments or undertakings pursuant to (Art. 12): with regard to waste oil. N4: with regard to collection within the municipality.

(8) N2: Registration of Establishments or Undertakings Pursuant to Article 12 is not applicable. Ireland is a NUTS 2 level Region - The Environmental Protection Agency is the relevant Authority/Institution

*

>TABLE POSITION>

>TABLE POSITION>

Table 2. Overview of waste management plans in Member States. For each waste management plan, which has been drawn up, details are provided in tables in appendix (Questionnaire, Paragraph II, Question 1c)).

Notes:

* Information achieved from WasteBase

>TABLE POSITION>

Table 3.1. Treatment and handling of domestic waste (Questionnaire, Paragraph II, Question 4).

n.a.: no answer

Note:

* Municipal waste including household waste

** Household waste

(1) The quantity of domestic waste is approximately 40 % of MSW.

(2) Other treatment corresponds to composting

(3) "Other treatment": 31000 t is composting and the rest represents illegal dumping of waste.

(4) Quantity landfilled includes street cleansing waste

(5) The quantity recycled consists of compost and RDF (Refuse Derived Fuel).

(6) Recycled quantities concern only organic waste subject to composting; recycling of other fractions is not carried out in Luxembourg

(7) Total arising 18.376.532 t. Other: selective collection of paper and glass.

(8) All figures are estimated

*

>TABLE POSITION>

Table 3.2. Treatment and handling of hazardous waste (Questionnaire, Paragraph II, Question 4).

Notes:

*) Within the Member State.

**) Outside the Member State.

(1) Other recovery: physico-chemical treatment plants for organic and inorganic waste

(2) Otherwise physico-chemically treated waste

(3) Only from primary sources

(4) The quantity of contaminated soil and stones is not included.(within).The figures refer to exported amounts of wastes listed in Annexes III and IV of Council Regulation 259/93. All of these wastes are not necessarily considered as hazardous wastes.(outside).

(5) Other treatments are physico-chemical (within)

(6) The total accounts for approximately 97% of the actual

(7) All the other modes of disposal apply chemical, physical and biological processes (within)

(8) Luxembourg: Other mode of treatment = physico-chemical treatment (within)

(9) Other treatment: physico-chemical processing

(10) Estimates for revision of the National Hazardous Waste Plan. Total arising: 3.293.705 (within)

(11) Estimate. Breakdown not available

*

>TABLE POSITION>

Table 3.3. Treatment and handling of other waste. It differs from one Member State to another as to which types of waste this category comprises but it could include solid municipal waste, municipal sewage waste, industrial waste, energy and water supply, mining waste, agricultural waste, construction waste. (Questionnaire, Paragraph II, Question 4).

// Data not received

Note:

(1) The figures present the sum of two reported fractions:

(2) Non- hazardous industrial waste (otherwise conditioned waste): 21,675,000 t (98% of total): recycled 51%, inc. 4%, landfilled 15% and other 30%

(3) Hazardous industrial waste: 343,500 t (2% of total): recycled 51%, inc. 4%, landfilled 15% and other 30%

(4) The figures present the sum of four reported fractions:

(5) Construction and demolition: 3,223,000 t (32% of total): recycled 90%, inc. w. energy rec. 2% and landfilled 8%

(6) Industrial: 2,947,000 t (30% of total): recycled 64%, inc. w. energy rec. 15% and landfilled 21%

(7) Commerce and service: 1,120,000 t (11% of total): recycled 40%, inc. w. energy rec. 46% and landfilled 14%

(8) Waste from energy production: 1,176,000 t (12% of total): recycled 100%

(9) Other waste: 1,480,000 t (15%of total): recycled 77%, inc. w. energy rec. 17% and landfilled 6%

(10) The figures present the sum of three reported fractions:

(11) Construction and demolition: 1200000 t (6% of total): All treated under the category "other"

(12) Industrial: 19123000 t (90% of total): recycled 40%, inc. w. energy rec. 24%, incinerated <1%, landfilled 24% and other 12%

(13) Waste from energy production: 921000 (4% of total): recycled 61%, inc. w. energy rec. 1%, incinerated <1%, landfilled 34% and other 4%

(14) Industrial (manufacturing) waste. The remaining quantity of non-hazardous industrial waste (11755000 tonnes) is disposed of or put to re-use by the producers themselves. Year not stated.

(15) Total includes only non-hazardous waste arisings (industrial)

(16) Construction and demolition: 2704958 t (3% of total): recycled 43% and landfilled 57%

(17) Industrial: 4876406 (6% of total): treatment method is not specified

(18) Commerce and service: 689234 t (1% of total): recycled 19% and landfilled 81%

(19) Agriculture and forestry: 64578724 (85% of total): treatment method is not specified

(20) Mining and quarrying: 3511643 (5% of total): recycled <1% and 100%

(21) Recovered material and compost is included in the recycled products; (the waste fraction refers to non-hazardous waste from commerce, industry and craft trades).

(22) Demolition waste. Mostly soil from excavation put to landfill.

(23) The figures present the sum of three reported fractions:

(24) Construction and demolition: 19,050,000 t (39% of total): recycled 94%, inc. w. energy rec. 1% and landfilled 5% Industrial(manufacturing) waste: 20,225,000 t (41% of total): recycled 82%, inc. w. energy rec. 6%, landfilled 6% and other 6% ( Other treatment: discharged after treatment)

(25) Other waste: 9,842,000 t (20% of total): recycled 68%, inc. w. energy rec. 18% and landfilled 14%

(26) Estimated 239,700,000 t/yr total. Breakdown not available

>REFERENCE TO A GRAPHIC>

Note: NUTS stands for Nomenclature des Unités Territoriales Statistiques (Nomenclature of territorial units for statistics, by Eurostat)

>REFERENCE TO A GRAPHIC>

Figure 2. Percentage of treatment and disposal types for domestic waste (source: Table 3.1)

>REFERENCE TO A GRAPHIC>

Figure 3. Percentage of treatment and disposal types for hazardous waste (source: Table 3.2)

>REFERENCE TO A GRAPHIC>

Figure 4. Percentage of treatment and disposal types for other waste (source: Table 3.3)

>REFERENCE TO A GRAPHIC>

DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE

1. INTRODUCTION

In addition to Directive 75/442/EEC [76], which constitutes the legal framework for all wastes, Directive 91/689/EEC [77] contains stricter management and monitoring instruments for hazardous waste. Directive 91/689/EEC replaced Directive 78/319/EEC on toxic and hazardous waste.

[76] See report on Directive 75/442/EEC on waste

[77] OJ L 377, 31.12.1991, p. 20

The main provisions of Directive 91/689/EEC to ensure environmentally sound management of hazardous waste are:

- definition of hazardous waste (Article 1), further developed by the list of hazardous waste established by Council Decision 94/904/EC [78], replaced by Commission Decision 2000/532/EC [79] as amended.

[78] OJ L 356, 31.12.1994, p. 14

[79] OJ L 226, 06.09.2000, p. 3.

- the prohibition to mix hazardous waste with other hazardous or non-hazardous waste (Article 2)

- specific permit requirements for establishments and undertakings dealing with hazardous waste (Article 3)

- periodic inspections and requirement to keep records for the producer of hazardous waste (Article 4)

- appropriate packaging and labelling of hazardous waste during collection, transport and temporary storage (Article 5)

- waste management plans for hazardous waste (Article 6)

Domestic hazardous waste is excluded from the provisions of this Directive.

The following report is based on a questionnaire adopted by Commission Decision 97/622/EC [80] of 27 May 1997.

[80] OJ L 256, 19.09.1997, p. 13

In addition to the first part of the questionnaire (INCORPORATION INTO NATIONAL LAW) this report contains an evaluation of the implementation of the definition of hazardous waste and the hazardous waste list for all 15 Member States.

2. INCORPORATION INTO NATIONAL LAW

2.1. National law

All Member States confirmed that they have provided the Commission with details of the current laws and regulations in force to incorporate Directive 91/689/EEC on hazardous waste and Council Decision 94/904/EC establishing a list of hazardous waste into national legislation.

2.2. Definition of "hazardous waste" and the Hazardous Waste List

Article 1(4) of Council Directive 91/689/EEC defines hazardous waste by referring to the List of Hazardous Waste adopted by Council Decision 94/904/EC and replaced by Commission Decision 2000/532/EC as amended. Hence, the Commission considers that the transposition of the Waste List is essential in the implementation by Member States of the hazardous waste definition. It is also considered necessary to have transposed Annexes I, II and III to Council Directive 91/689/EEC.

Two further aspects should be taken into account when assessing the compliance of national legislation with the Community definition of hazardous waste. First, the fact that Member States have taken more stringent measures, i.e. they have included wastes, which have the properties of Annex III and are therefore considered by them to be hazardous. The possibility of introducing new hazardous entries to the waste list is foreseen in Article 1(4), second subparagraph of the Directive, provided they are notified to the Commission, and is in line with Article 176 EC Treaty. (See section 3.1 of this report.) The second aspect concerns the fact that hazardous household waste is excluded from the application of the provisions of the Directive. This does not mean, however, that household waste might not be hazardous. (See section 3.2 of this report.)

The previous implementation report 1995-1997 noted that only four Member States, namely Finland, [81] Greece, [82] Luxembourg [83] and Spain, [84] had transposed correctly all the relevant elements of the hazardous waste definition. Since that report, the situation has improved, but there are still a few Member States that have not fully transposed all the elements of the hazardous waste definition.

[81] Waste Act 1072/1993. Waste Decree 1390/1993. Ministry of the Environment Decision 867/1996 on the list of most common wastes and of hazardous wastes.

[82] Decision 19396/1546 on Measures and Conditions for the Management of Hazardous Waste, of 18 July 1997.

[83] Law on the Prevention and Management of Waste, of 17 June 1994. Regulation on Hazardous Waste, of 11 December 1996.

[84] Law 10/1998 on Waste, of 21 April, Royal Decree 952/1997 modifying Regulation on the implementation of Law 20/1986 of 14 May on Toxic and Hazardous Waste (adopted by Royal Decree 833/1988, of July 20).

Austria had not transposed the relevant annexes on hazardous waste nor the Hazardous Waste List. Austrian legislation provided that "dangerous substances are wastes, the treatment of which requires specific prudence and particular measures in view of the public interest, and the normal treatment of which requires supplementary measures or greater prudence than those required for the treatment of domestic waste". [85] The Commission decided to refer Austria to the Court in December 2000. Austria has now transposed the relevant annexes on hazardous waste through the Waste Management Act 2002. Also the hazardous waste definition has changed. These issues have therefore been withdrawn from the proceedings that are currently going on before the Court [86].

[85] Article 2.5, Waste Management Law of 6 June 1990.

[86] Case C-194/01

Belgium, Denmark [87], France [88], Germany [89], Ireland, Italy, the Netherlands [90], Portugal [91] and Sweden [92] have transposed into their national legislation all the elements of the hazardous waste definition. However, for France the transposition of the test methods is still under scrutiny. In addition, it is important to note that French legislation departs from Community terminology ("hazardous waste") by referring to "special industrial waste". This is also the case for German legislation, which refers to "wastes for special supervision".

[87] Statutory Order from the Ministry of the Environment No. 299 of 30 April 1997 on Waste.

[88] Law No. 75-633 on the elimination of waste and the recuperation of materials, of 15 July 1975 (as amended by Law No.92-646, of July 13, 1992). Decree No. 97-517 on the classification of hazardous waste, of 15 May 1997.

[89] Waste Avoidance, Recycling and Disposal Act, of 27 September 1994. Ordinance on the determination of waste for special supervision, 10 September 1996.

[90] Decree on the classification of hazardous waste and waste oils, of 8 December 1997.

[91] Decree-Law 239/97 of 9 September 1997. Regulation No. 818/97 of 5 September 1997.

[92] Ordinance on Hazardous Waste (SFS 1996:971) of 26 September 1996.

The United Kingdom's legislation complies only partially with the definition of hazardous waste, as it excludes certain types of waste covered by the Directive. The Commission decided to refer the United Kingdom to the Court in December 2001.

3. IMPLEMENTATION OF THE DIRECTIVE

3.1. National consideration of "hazardous waste" - Article 1(4)

According to Article 1(4) second indent hazardous waste means in addition to the hazardous waste list any other waste considered by a Member State to display any of the properties listed in Annex III such as flammable, corrosive, oxidising, harmful etc. These cases shall be notified to the Commission.

The Walloon region of Belgium, as well as Austria, Finland, Germany, Luxembourg, the Netherlands and the UK notified some more wastes as hazardous waste.

The Brussels region of Belgium, as well as France, Greece, Ireland, Italy, Portugal and Spain did not identify other wastes as hazardous waste.

No information was provided by Denmark and Sweden.

* These notifications were reviewed by the Commission, assisted in this task by the Committee established by Article 18 of Directive 75/442/EEC, in the context of the adaptation of the European list of hazardous waste. By Commission Decision 2000/532/EC [93] a single Community list of waste was established, integrating the list of hazardous waste. Decision 2000/532/EC was further amended by Commission Decisions 2001/118/EC [94] and 2001/119/EC [95] and Council Decision 2001/573/EC [96]

[93] OJ No L 226, 06.09.2000, p. 3.

[94] OJ L 47, 16.2.2001, p. 1

[95] OJ L 47, 16.2.2001, p. 32

[96] OJ No L 203, 28.07.2001, p. 18.

3.2. Hazardous waste generated in households - Article 1(5)

According to Article 1 (5) hazardous waste generated in households is exempted from the provisions of this Directive. The questionnaire asks whether the Member State distinguishes domestic hazardous waste from non-domestic hazardous waste [97].

[97] As the questionnaire does not specifically ask for more detailed information, some of the replies to this question are not clear in stating what rules apply to hazardous household waste.

As regards Belgium, the Brussels region provides for separate collection of hazardous household waste. In the Flemish region such measures are included in the Flemish regulations on the prevention and management of waste (Vlarea).

The Austrian waste management act [98] law classifies hazardous waste from households, as well as from other producers and comparable to private households, as problematic substances. Local authorities have to collect these wastes separately at least twice a year.

[98] Abfallwirtschaftsgesetz - AWG - BGBI. N° 325/1998.

Finland states that hazardous waste from households is exempted from the requirement of the Finnish waste legislation to keep records on hazardous waste generated. For other derogations, reference is made to the report for the period 1995-1997. According to that information municipalities shall organise the recovery and disposal of hazardous waste from households. The provisions on packaging and labelling only apply after having delivered the hazardous waste to municipalities.

In all Länder of Germany, domestic hazardous waste is generally collected separately by public-law bodies, using mobile or stationary collection systems. The legislation specifies the following: domestic hazardous waste is exempt from the provisions of the Ordinance on Waste Recovery and Disposal Records; the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements prohibits the storage of domestic hazardous waste at domestic refuse disposal facilities; the Hazardous Waste Technical Guidelines apply.

In Ireland there is currently no separate collection from households of the hazardous components of domestic waste. "Bring" facilities provide for the acceptance of certain domestic hazardous wastes, while some local authorities operate a "Chemcar" system (specially equipped vehicle) for such waste.

Italy refers to its national legislation defining hazardous waste and establishing a list of hazardous waste. Article 7(4) of Decree No 22/1997 defines "non-domestic waste specified in the list referred to in Annex D..." as hazardous waste. It also refers to measures taken to comply with Decision 2000/532/EC, as modified by Decision 2001/118/EC, which extended the list of hazardous waste and incorporated the classification method.

Luxembourg refers to information provided in its report for the period 1995-1997. According to that information hazardous waste generated in households are listed in Chapter 20 of annex IV of the Regulation on Hazardous Waste of 11 December 1996. No further information is given on the rules applicable to this waste.

In the Netherlands domestic waste is not as such regarded as hazardous waste. However, householders are encouraged to sort their waste, and wastes appearing on the list of small chemical waste are collected separately. Most of the wastes appearing on the list of small chemical waste are hazardous waste. Once these wastes have been collected from households they are managed as hazardous waste.

Portugal has adopted an action plan on solid urban waste providing for removal, selective collection and relevant treatment of various wastes considered hazardous or potentially hazardous. The action plan attaches particular importance to selective collection of batteries, mercury discharge lamps and mercury thermometers. Specific measures for mercury have also been approved.

Spain reported that such measures have been adopted, without providing any further details.

In Sweden the Ordinance on Hazardous Waste is not applicable when hazardous waste forms part of the domestic waste. Each municipality has the power to decide that hazardous waste from households shall be collected separately from other household waste. Such separately collected fractions are hazardous waste.

The Walloon region of Belgium, as well as Denmark, France, Greece and the UK reported that no such measures have been adopted, without providing any further explanations.

* The number of countries that have established separate collection systems for hazardous household waste has increased since the previous report for the period 1995-1997.

3.3. Records and identification of the discharge of hazardous waste - Article 2(1)

According to Article 2 (1) on every site where discharge of hazardous waste takes place waste has to be recorded and identified.

In Austria [99] records must be kept, separately for each calendar year, of the type, quantity, origin and whereabouts of such wastes. The records must be kept for at least seven years from the date of the last entry and presented to the authorities on request. The records of hazardous waste shall take the form of a continuous collection of identification forms.

[99] Idem, 12(1)

As regards Belgium the Walloon region confirms that the necessary measures to implement Article 2(1) are in place. The Flemish region also confirms that such measures have been taken and refers back to information provided in the previous report for the period 1995-1997. According to that information Article 5.2.1.2 of Vlarem II requires operators of installations for the treatment of waste to register the intake and treatment of wastes and that waste can only be accepted in a landfill when origin, characteristics, content and leaching behaviour are known. In the Brussels region no such discharge is taking place.

In Denmark undertakings treating hazardous waste shall keep records of the waste type (waste catalogue code) [100].

[100] Order no 619 of 27th June 2000 on Waste.

Finland refers to information provided back in the 1995-1997 report. It points out that, according to new legislation [101], the waste permit has been replaced by the environmental permit. In addition, the following measures are taken to ensure that tipping sites of hazardous wastes be identified and recorded: all producers of hazardous wastes (except households) and transporters of hazardous wastes on a commercial basis, as well as dealers and brokers in waste, if the waste is intended for recovery or disposal outside Finnish territory, shall keep record of waste (Waste Act, Section 51, paragraph 3). The Government decision on landfills (861/1997) requires several measures to be taken to ensure that there is sufficient information on the waste deposited on landfill and that the properties of waste correspond to the information given on waste (e.g. Sections 6 and 7). The transport of hazardous waste is under specific control, in accordance with the Government Decision on information to be provided on hazardous waste and on the packaging and labelling of hazardous waste (659/1996). The holder of the hazardous waste shall ensure that a specific identification form accompanies the waste during the movement and that it is handed over to the waste consignee at the end of the movement. The consignee shall certify reception of the waste and the amount by signing and dating the document. The holder and the consignee of the hazardous waste shall retain the identification form they have signed or a copy thereof for three years following the signing.

[101] Environmental Protection Act 86/2000.

In France the prefectoral order that allows discharge of hazardous waste lists both the accepted types of waste and their quantities, prescribes control of the waste (procedure of acceptance beforehand, control at the arrival on site) as well as keeping of an acceptance and refuse register for the waste.

In Germany registration and identification requirements for the storage of hazardous waste are set out in the Ordinance on Waste Recovery and Disposal Records. In addition, the Waste Technical Guidelines require the operators of waste disposal facilities to keep a company log book, which must contain all relevant data, including the record of the waste accepted.

Greece reported that a register of industries producing hazardous waste has been compiled. It indicates, inter alia, the waste production source, the characterisation of waste and the quantity produced, and the method of management and final disposal of the waste.

Ireland confirmed again that the necessary measures for the implementation of Article 2 (1) are in place [102].

[102] Section 41(2)(ix) of the Waste Management Act, 1996.

In Italy national legislation [103] establishes that hazardous waste may be disposed of in landfill only if accompanied by an identification form. On that basis the landfill manager checks that: (a) on the basis of the characteristics indicated in the identification form, the waste may be disposed of in landfill; (b) the characteristics of the waste delivered correspond to those recorded in the identification form.

[103] Ministerial Decree No 141 of 11 March 1998

Luxembourg confirms again that Article 2 (1) was implemented by Article 3 of the Regulation on Hazardous Waste of 11 December 1996, without any further details.

In the Netherlands Article 10.32 of the Environmental Management Act (Wet milieubeheer) lays down the obligation for any party transferring hazardous waste to provide the party receiving that waste with a description of its nature, properties and composition. Article 10.33 of the Environmental Management Act requires the party receiving waste (including landfill sites) to notify the competent authority when it takes delivery of waste. These notifications must be registered. The manner in which registration takes place is specified in the acceptance and registration provisions of the permit.

Portugal confirms that it has taken the necessary measures and refers to provisions of national legislation on record keeping for waste. It specifies that the single discharge for hazardous industrial waste existing in Portugal has specific regulations on identifying and recording the waste for disposal.

Spain refers to national provisions [104] requiring record-keeping and the presentation of an annual report on activities.

[104] Royal Decree 833/1988

Sweden states again that these requirements are dealt with in connection with the procedure of issuing permits for the landfilling activity.

The United Kingdom confirms that relevant measures are in place in England, Scotland & Wales and Northern Ireland, without providing further details, but not in Gibraltar.

* For this report all Member States have replied to this question and all Member States state that the requirements of Article 2(1) are met.

3.4. Mixing of hazardous waste - Article 2(2) -(4)

According to Article 2(2) to (4) establishment and undertaking which dispose of, recover, collect or transport hazardous waste shall not mix different hazardous waste and hazardous waste with non hazardous waste. Exemptions may only be permitted where the conditions laid down in Article 4 of Directive 75/442/EEC are complied with and in particular for the purpose of improving safety during disposal or recovery. Already mixed waste has to be separated where technically and economically feasible and necessary for safety reasons (human health and environment).

In Austria national legislation [105] prohibits, under specific circumstances, the mixing of waste with other wastes or materials or of waste with waste oils. The joint treatment of different wastes or of wastes and materials in an establishment shall not be deemed to constitute mixing within the meaning of this provision where such treatment is permitted for each individual waste. The joint collection of different types of waste or of wastes of the same type with different levels of contaminant content is permitted where no chemical reaction occurs between the wastes and the joint use or handling (including recovery) thereof is permitted according to the stated criteria. With the new Waste Management Act of 2002 the obligation to separate waste already mixed waste is transposed into national legislation.

[105] 17(1a) of the Abfallwirtschaftsgesetz

As regards Belgium all 3 regions refer to legislation transposing the requirements of Articles 2(2)-(4).

Denmark refers, as in the previous 1995-1997 report, to a letter of 18/7/96 to the Commission, [106] without providing any further explanations.

[106] That letter confirmed that this Article has been transposed by 53 of bekendtgørelse no 581 of 24 June 1996.

Finland refers to information provided in its previous report for 1995-1997 where it was specified under which conditions the mixing of hazardous wastes with one another or with other wastes or substances is allowed. According to that information mixing of hazardous waste is only allowed, when it is necessary for waste recovery or disposal and when it does not cause safety problems.

France reported again that special industrial waste (listed in the decree of 15 May 1997) cannot be disposed of together with other waste categories. Special industrial wastes and hazardous wastes are not accepted on landfills for municipal waste. Industrial waste cannot be burned in an incineration plant for municipal waste. In the case of incineration of municipal waste together with special industrial waste the stricter requirements apply.

Germany stated that relevant rules are set out in 5 para. 2, sentence 4, and 11 para. 2 of the Closed Substance Cycle Waste Management Act (KrW-/AbfG), as well as in the Waste Oils Regulation, the PCB Waste Regulation and the Solvents Regulation.

Greece indicated that it has no treatment or disposal centres for hazardous waste at the national level. This information is not sufficient to assess whether the mixing ban is correctly transposed into national legislation.

In Ireland the Waste Management (Licensing) Regulations of 2000 provide for the Environment Protection Agency to attach to any waste license that it may grant such conditions that are necessary to give effect to the provision of Articles 2(2)-(4). A similar requirement for local authorities is included in the Waste Management (Permit) Regulations of 1998. The Waste Management (Hazardous Waste) Regulations of 1998 allow for appropriate labelling by the producer of such waste during temporary storage and prohibit mixing of hazardous waste with one another or with non-hazardous waste unless explicitly approved. Similar non-mixing requirements apply for the transfer of hazardous waste.

Italy refers to national legislation [107] which prohibits the mixing of the different categories of hazardous waste or the mixing of hazardous waste with non-hazardous waste, unless a regional authorisation allows such mixing provided that this does not endanger human health and is not harmful to the environment. Consequently, mixing hazardous wastes belonging to the same category among the forty referred to in Annex 1 to Directive 92/689/EEC is permitted, as is the mixing of non-hazardous wastes among themselves.

[107] Article 9(1) of Leg. Dec. 22/1997

Luxembourg refers again to the relevant provisions of the Regulation on Hazardous Waste of 11 December 1996. The mixing of waste was generally prohibited by Article 7 paragraph 4 of the Law on Prevention and Management of Waste. More detailed requirements are laid down in the Regulation on Hazardous Waste. The mixing of hazardous waste for safety reasons requires a permit of the Ministry of the Environment.

The Netherlands states again these requirements are included in Article 2, second, third and forth indent of the Decree on separation and keeping separate hazardous waste (Official Journal 1998, 72) sent to the Commission by letter of 15 September 1998.

Portugal confirms that the necessary measures are in place, primarily through specific legislation on waste streams which requires separate management of such wastes. The necessary measures to avoid mixing different categories of waste are taken at the collection and transport stages. The producer, holder or transporter of hazardous waste is required to treat the waste separately. Specific rules are in force for hospital hazardous waste.

Spain states that Article 12(2) of Law 10/98 on waste, as duly notified to the Commission, prohibits mixing waste under the circumstances provided for in Article 2(2) to (4) and, depending on the consequences, classifies mixing as a serious or very serious infringement (Article 34 of the Law). Under Article 4(2) of the same Law the relevant regional authorities are responsible for supervision, inspection and sanctions.

In Sweden states again that these requirements are included in the Swedish Ordinance on Hazardous Waste (SFS 1996:971).

UK reported that for England, Scotland & Wales the requirements of articles 2(2) to 2(3) are already reflected in existing regulations, while Article 2(4) is to be reflected when revised regulations are implemented in 2002. The requirements of Articles 2(3) to 2(4) are partly met in Northern Ireland and Gibraltar.

* The prohibition of mixing hazardous waste seems to have been correctly transposed in almost all Member States. However, the derogations often deviate from the conditions stated in Article 2(3) under which it is permissible to derogate from the ban, which are that the mixing is in accordance with Article 4 of Directive 75/442/EEC and that it is done with the purpose of improving the safety of the disposal or recovery.

3.5. General national rules replacing permit requirements for recovery operations - Article 3(2)

According to Article 3(2) establishment and undertaking, which recover hazardous waste may be exempted from the permit requirement when the Member State adopts certain specific rules and when the protection of human health and the environment is ensured. These establishments and undertakings have to be registered with the competent authorities.

The UK has adopted rules to enable exemptions. It reported 7 extant exemptions in England, Scotland & Wales which have been provided under Article 11 of Directive 75/442/EEC. Most of the exemptions were made before 27 June 1995 when the hazardous Waste Directive had to be implemented but they were notified to the Commission under Article 11(3) of Directive 75/442/EEC. However, there are still problems with Northern Ireland.

Italy notified rules to enable exemptions for certain hazardous wastes pursuant to Article 3(2), which were agreed by Commission Decision 2002/909/EC [108]

[108] OJ L 315, 19.11.2002, p. 16

3.6. Inspections of the producers of hazardous waste - Article 4(1)

According to Article 4 (1) periodic inspections are required in addition to establishment and undertaking for the producer of hazardous waste.

Austria reported again that waste producers who produce hazardous waste repeatedly and at least once a year must be registered with the competent authorities. All transfers of hazardous wastes are recorded in a federal register and such data are regularly checked. Where appropriate, an on-the-spot inspection is made. Waste producers are also monitored by means of spot checks (suspicious notifications, by sector, irregularities).

As regards Belgium, the Walloon region reported again that the producers of hazardous waste are inspected in the context of a general control on the implementation of environmental legislation for classified establishments, usually once a year. In the Flemish and Brussels regions these establishments are inspected periodically, the frequency of these inspections depending on the priority given to the dossier in question.

Denmark stated again that the inspections of the producers of hazardous waste are carried out as part of the general municipal inspections.

Finland referred back to the report for the period 1995-1997. In addition, the Environmental Protection Act (86/2000) and Decree (169/2000), which entered into force on 1 March 2000, contain provisions concerning inspections. The supervisory authority (i.e. regional environmental centres or local authority) has a right to obtain necessary information from authorities and operators, to move around on another party's land, to make inspections and tests, carry out measurements and take samples, to gain access to places where activities are engaged in, and to monitor the environmental effects of activities. The supervisory authority must carry out inspections of activities, which have been granted a permit as often as is necessary in order to monitor operations. Inspections are also mandatory in specific situations laid down by legislation and must also be carried out in response to requests by an operator, an interested party, or anyone else, except in cases where an inspection must be considered as manifestly unnecessary. The authorities shall draw up a separate plan for inspection work where this is deemed necessary. A record of the inspection shall also be drawn up.

France confirmed again that every delivery of hazardous waste to a disposal installation is controlled, that special installations are inspected at least once a year and that for waste generation and waste disposal declarations are required once to three times a year. This information does not clarify whether periodical inspections are foreseen for producers of hazardous waste.

In Germany producers of hazardous waste are subject to monitoring by the competent authority [109]. The frequency of checks is different in the individual Länder, and depends on the "problem situation", i.e. the type of facility and the need for monitoring. It ranges from a maximum of twice a year to a minimum of once every five years.

[109] 40 of the Closed Substance Cycle Waste Management Act (KrW-/AbfG). 52 of the Federal Immission Control Act (BImSchG)

Greece reported that, depending on the types of waste, the competent authorities that grant the hazardous waste preliminary storage permits carry out periodic inspections of the temporary storage sites. The frequency of the inspections varies according to the terms laid down for the storage. This information does not clarify whether periodical inspections are foreseen for producers of hazardous waste.

Ireland restated that the frequency of inspections is determined by individual competent authorities having regard to the nature of the facilities and the wastes concerned (Section 15 (1) (b) of the Waste Management Act 1996).

In Italy Article 20(1)(c) of Legislative Decree 22/1997 delegates the responsibility for periodic monitoring to the Provinces which may conclude appropriate agreements with public bodies with specific experience and pertinent technical skills. As part of the tasks attributed to them, the Provinces carry out periodic inspections of the undertakings and establishments which dispose of or recover waste. This information does not clarify whether periodical inspections are foreseen for producers of hazardous waste.

Luxembourg refers back to the 1995-1997 report. According to that information officials of the police, the customs authorities and the environmental administration monitor infringements of the general waste legislation as well as the legislation on hazardous waste. The controls are carried out regularly but not in a determined frequency. In addition, Luxembourg reports that an ecological management scheme has been put in place and companies are regularly controlled for conformity as regards their waste management. Classified establishments have to draw up a plan on waste prevention and management, controlled by a certified body.

In the Netherlands these inspections are carried out by the Enforcement departments of the competent authorities (in general the provinces). The periodicity of these inspections depends on various factors (nature and location of the undertaking, nature of the hazardous materials, risk level, etc.). Thus the periodicity varies between undertakings. In general, an effort is made to inspect every undertaking at least once a year.

Portugal confirmed the implementation of this requirement through various departments of the Ministry of Environment and Regional Planning. Other bodies are also responsible for inspections, including the police authorities. Inspections are carried out regularly with no set intervals, although, on average, the leading producers of hazardous wastes are inspected once a year.

Spain stated that each regional authority is responsible for deciding the appropriate frequency to meet requirements. In any event, inspections must always be carried out before permits are renewed.

Sweden restated that, according to the Swedish Environmental Code the authorities responsible for inspections shall carry out plans for inspections on a yearly basis. These authorities shall also keep records over the activities that require inspections and regularly evalu