Amended proposal for a COUNCIL DIRECTIVE AMENDING DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE
Date: 1993-12-28
Institutions: European Commission
Subjects: application of EU law, dangerous substance, waste management

COMVIISSION  OF  THE  EUROPEAN  COMMUNITIES 

C0MO3) 696 final  - SYN 485 

Brussels, 28 December  1993 

Amended  proposal  for a 

COUNCIL  DIRECTIVE 

AMENDING  DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE 

(presented  by the Commission pursuant  to Article  189 A (2) 
of  the EC-Treaty) 

EXPLANATORY KEMORANOUM 

Pursuant  to Article  I89a(2) of  the EC Treaty, the Commission submits an 
amended  proposal  for a Council  Directive modifying Directive 91/689/EEC 
on hazardous waste.  This amended  proposal  takes account of a number of 
amendments  by  the  European  Parliament  adopted  at  its  November  1993 
Plenary Session. 

In  particular,  although  the  Commission  has  serious  reservations  as 
respects  the  practical  value  of  a  list  as  required  by  the  original 
Directive  ( c f.  Article  1(4)),  it  has  reluctantly  accepted  the 
reinstatement  of  the  original  Article  1(4), because  of  the  need  to 
establish  a  Community  List  of  Hazardous  Waste  with  the  minimum  of 
delay. 

The  Commission  has  also  incorporated  Parliament's  amendment  to  delay 
the date of  implementation of  the Directive  to 31 March 1995. 

A-

ORIGINAL TEXT 

AMENDED  TEXT 

Second recital a (new) 

and 

Whereas to avoid waste being  shunted 
around, 
of 
competition within the Community,  it 
is essential to draw UP a, 
list of hazardous waste, which would 
be binding throughout  the Community; 

distortions 

.  ._ 

Fourth recital 

Deleted 

rfc 

Whereas  as  a  consequence 
is. 
necessary  to amend  the definition of 
hazardous  waste  in  order  that  the 
implementation 
Directive 
91/689/EEC  no  longer  requires  £hg 
oj 
previous 
an 
establishment 
list  of 
inclusive  and  binding 
tosarëQttg waste. 

oj 

A&±-

ORIGINAL  TEXT 

AMENDED  TEXT 

A r t i c le  1(1) 

Directive  91/689/EEC  is  amended  as 
follows: 

Directive  91/689/EEC  is  amended  as 
follows: 

1.  Article 
following: 

1(4)  is replaced  by the 

1.  Article  1(4) is replaced  by the 
following: 

4.  For the purpose of this  Directive 
'hazardous waste' meansj. 

-  waste  featuring  on a  list  to be 
drawn  UP  in  accordance  with  the 
procedure  laid down in Article  18 of 
Directive  75/442/EEC on the basis of 
Annexes  I and II of this  Directive, 
not  later than six months before the 
date  of  implementation  of  this 
Directive. 
These  wastes  must  have 
one or more of the properties  listed 
in  Annex  III.  The list  shall  take 
into 
and 
fchfi 
composition  of the waste  and,  where 
of 
values 
necessary. 
This  list  shall be 
concentration. 
andi 
periodically 
if 
reviewed 
necessary.  revised  by 
the.  game 
procedure• 

account 

Origin 

limit 

- anv other waste which is considered 
bv a Member  State  to display  anv of 
the  properties  listed  in Annex III. 
Such  cases  shall be notified  to the 
Commission and reviewed in accordance 
with  the  procedure  laid  down  in 
Article  18 of  Directive  75/442/EEC 
with  a  view  to  adaptation  of the 
list, 

'4.  (a) For  the  purpose  of  this 
Directive  'hazardous waste' means any 
SUbStflnçe or object  belonging to the 
categories or generic  types of waste 
set  out  in  Annex  I,  taKing  into 
aCCOVffît the constituents  referred  to 
in Annex II, and which display one or 
more  of  the  properties  listed  in 
Annex III, 

(b)  The  Commission,  in  accordance 
With  the " procedure  laid  down  in 
Article  18 of  Directive  75/442/EEC, 
shall  draw  UP a  Community  list of 
hasardoys waste,  The community  U si 
shall  taKe  into  account  the origin 
and  composition  of  the waste  andc 
uhsza  necessary «  limit  values of 
This  list  shall be 
concentration. 
periodically 
reviewed  and,  ii 
necessary,  revised  by  the  same 
procedure. 
Once a Community  list of hazardous 
waste is established, anv decision by 
a Member State to consider categories 
of waste as hazardous  waste  shall be 
notified  to  the  Commission  and 
reviewed  in  accordance  with  the 
procedure laid down in Article 18 of 
Directive  75/442/EEC  with  a view to 
adaptation of the Community list,' 

ORIGINAL TEXT 

AMENDED TEXT 

Article 1(2) 
Article 10(1), first paragraph 

2.  Article  10  is  replaced  by  the 

following: 

2.A r t i c le  1Q 
following: 

is  replaced  by  the 

'Article 10 

'Article 10 

1.  Member  States  shall  bring  into 
force  the  laws,  regulations  and 
administrative  provisions  necessary 
to  comply  with  this  Directive  by 
31 December 
shall 
1994. 
immediately  inform  the  Commission 
thereof.' 

They 

1.  Member  States  shall  bring  into 
force  the  laws,  regulations  and 
administrative  provisions  necessary 
to  comply  with  this  Directive  by 
31 March 1995. They shall immediately 
inform the Commission thereof.* 

3. Article  J1 
following: 

•Article 11 

Article 1(3) 

is  replaced  by  the  3. Article  11  is  replaced 

by  the 

following: 

'Article 11 

Directive  78/319/EEC 
is  hereby 
repealed with effect from 31 December 
1221. 

Directive  78/319/EEC 
is  hereby 
repealed  with  effect  from  31 March 
1995. 

_ r> -

ISSN 0254-1475 

COM(93) 696 final 

DOCUMENTS 

EN 

14 

Catalogue number : CB-CO-93-747-EN-C 

ISBN 92-77-63114-7 

Office  for Official  Publications of the European Communities 

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