COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT CONCERNING THE APPLICATION OF DIRECTIVES 75/439/EEC, 75/442/EEC, 78/319/EEC AND 86/278/EEC ON WASTE MANAGEMENT
Date: 1997-02-27
Institutions: European Commission
Subjects: application of EU law, exchange of information, national implementing measure, report, waste management

-*M*?' 

COMMISSION  OF THE  EUROPEAN  COMMUNITIES 

Brussels,  27.02.1997 
COM(97)  23  final 

COMMUNICATION  FROM  THE  COMMISSION 
TO  THE  COUNCIL  AND  THE  EUROPEAN  PARLIAMENT 

CONCERNING THE APPLICATION 

OF DIRECTIVES 

75/439/EEC, 75/442/EEC, 78/319/EEC AND 86/278/EEC 

ON WASTE MANAGEMENT 

INTRODUCTION 

The  various  obligations  incumbent  on the  Member  States  to  report  periodically  to the 
Commission  on  the  implementation  of  Community  legislation  on  waste  management 
provide  a  valuable  means  of  monitoring  the  application  of  this  policy.  However,  in 
practice the results have proved to be rather unreliable. 

These reports should indicate the progress in applying Community legislation throughout 
the Community, guarantee a high level of transparency and provide public opinion with 
information on this subject.  Efficient waste management which at the same time permits 
the proper functioning  of the internal market also requires extended monitoring, but this 
objective  has  not  been  achieved.  Only  one  report  has  been  published  since  1975 
providing a summary of application of the four directives on waste (SEC/89/1455  final). 
This report was based on replies given by seven Member States. 

To rectify  the disparate nature of the provisions containing these obligations, as regards 
both timing and content, in 1991 the Council adopted Directive  91/692/EEC in an attempt 
to  standardize  and  rationalize  reports  on  the  implementation  of  certain  directives 
concerning the environment.  In the waste sector national reports are drawn up every three 
years on the basis  of  a questionnaire  prepared by. the  Commission.  The first summary 
reports  in  the  waste  sector,  covering  the  period  1995-97,  must  be  published  by  the 
Commission  in mid-1999. 

The aim of this communication is to inform the European Parliament and the Council of 
the  application,  between  1989  and  1994,  of  the  following  Council  Directives: 
Directive  75/439/EEC on the  disposal  of  waste oils;*  Directive  75/442/EEC  on waste;2 
Directive  86/278/EEC on the protection of the environment, and in particular of the soil, 
when  sewage  sludge  is  used  in  agriculture;3  and  Directive  78/319/EEC  on  toxic  and 
dangerous  waste.4  Thus,  this  report  avoids  any  overlapping  with  the  report  to  be 
established  under Directive 91/692/EEC. 

Austria, Sweden and Finland are not covered by this report since they only acceded to the 
European Union on  1 January 1995. 

1 
2 
3 
4 

OJL  194, 25.7.1975, p. 23. 
OJL  194, 25.7.1975,  p. 39. 
OJL  181,4.7.1986,  p. 6. 
OJ L 84,  31.3.1978,  p. 43. 

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

I. 

INTRODUCTION 

Directive  75/442/EEC  constitutes  the  legal  framework  for  Community  policy  on  waste 
management.  After  entering into force  in  1977 it was amended  in  1991 to take account 
of  the  new  circumstances  and  to  incorporate  the  guidelines  set  out  in  the  Community 
strategy  for  waste  management  in  1989, namely,  prevention,  reutilization  and  ultimate 
disposal. 

The Directive  contains the main points on which Community  waste management  policy 
is based,  in  particular: 

a  definition  of waste; 

common  terminology  for  the  operations  of  reuse  and  ultimate  disposal  and 
different  categories  of  waste  as  set  out  in  the  list  established  by  Commission 
Decision  94/3/EC; 

a hierarchy of priorities to be applied by any waste management policy, beginning 
with  prevention  and  followed  by the promotion  of  reuse and  finally  hazard-free 
disposal; 

the principles of proximity and self-sufficiency  applying to waste for final disposal 
and  the  establishment  of an  integrated  network  of  disposal  installations; 

the  obligation  on the  part  of  the  Member  States to  establish  waste  management 
plans,  which  are essential to the realization  of this  policy; 

the establishment of an obligatory  licensing procedure for  any company  engaging 
in disposal or reuse operations plus a system of periodic control and recording of 
these  operations. 

Article  16 provides for  Member States to report to the Commission  every three years on 
the  measures  taken  to  implement  the  Directive.  The  Commission  has  to  publish  a 
consolidated  report. 

Despite  this  obligation  and  repeated  requests  from  the  Commission  only  nine  of  the 
twelve Member  States concerned, namely, Belgium, Denmark,  Germany,  Spain, France, 
Luxembourg,  the Netherlands,  Portugal  and  the  United  Kingdom,  have  submitted  their 
respective  reports.  Because  of  that,  and  also  because  of  the  amendment 
to 
Directive  75/442/EEC by  Directive  91/156/EEC, which  has not  yet  been  transposed  by 
all the  Member  States, the consistency  and  detail  in these  reports are  not  all  they  might 
be. 

2.  IMPLEMENTATION  OF  THE  SPECIFIC  PROVISIONS  OF  THE  DIRECTIVE 

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

Under the Directive "waste" is any substance or object  in the categories set out in Annex 
I  (categories  of  waste)  which  the  holder  discards  or  intends  or  is  required  to  discard. 
Pursuant to Article 1(a), second subparagraph, the Commission adopted Decision 94/3/CE, 
the  so-called  European  Waste  Catalogué  (EWC).  This  definition  and  the  lists, 
supplemented  by  the  definition  and the  list  of hazardous  waste, thus have the  dual  aim 
of environmental  protection  and the establishment  and  operating  of the  internal  market. 

Despite these provisions, the Commission notes major terminological disparity among the 
Member States. With regard to the classifications  of waste, these vary considerably  from 
one  Member  State to another, both  in classification  and  in content.  At the present time, 
none  of the  twelve Member  States affected  by this report  has incorporated  the  EWC  in 
its national  legislation.  Some refer  to it in texts transposing the Directive, such as recent 
Irish  law,  but  the  EWC  is  not  published  in  that  country  yet.  Where  Member  States 
consider that the lists do not reflect  entirely or correctly their conception of "waste", they 
are, at the present time, permitted to maintain or adopt more rigorous national provisions. 
However,  these  measures have to be notified  to the  Commission. 

In Belgium, the  elements of the Community  definition  of waste are included  in Flemish 
and  Brussels  legislation,  but  the  EWC  is  not  mentioned.  Walloon  legislation  does  not 
define  the term  waste, referring  only  to a list  which  does not  transpose  the EWC. 

Danish  legislation  adopts  the  text  of  the  Directive  91/156/EEC  word  for  word,  but  it 
refers  to  a list  of  categories  of waste  and  does not transpose the  EWC. 

German  legislation also adopts the Community definition  but does not refer to the EWC. 
In addition, it makes a distinction between "waste intended for reuse" and "waste intended 
for  elimination"  which does not correspond  to the  Directive. 

According  to  Spanish  legislation  waste  is  any  substance  or  object  which  the  holder 
discards or  intends to discard  under the terms of the provisions  in force.  This  definition 
corresponds to that of the Directive 75/442/EEC before its amendment and, consequently, 
does  not  take  account  of  the  new  elements  of  Directive  91/156/EEC.  Moreover,  no 
mention  is made of the EWC. The situation in Greece and Portugal  is similar to that of 
Spain. 

Under French  law, waste is any residue of a production, processing  or use process , any 
substance, material, product or, more generally, any property abandoned by its owner. The 
EWC  has  not  been  transposed  in France. 

The  Irish  legislation  adopts  the  Community  definition  of  waste.  However,  the  Irish 
wording  adds a presumption which does not appear  in the Community  formula,  namely, 
that  the  substances  or  objects  treated  as  waste  are  deemed  to  be  waste,  unless  proven 
otherwise.  Irish legislation makes express reference  to the EWC although  it has not been 
published  in  Ireland. 

Italian  legislation  defines  waste  as  any  substance  or  residue  from  a  production  or 
consumption  process  which  might  be re-used.  This definition,  and therefore  application 
of  the  Directive,  also  includes  materials  and  substances  which  have  a  commercial 
qualification  officially  recognized  by  goods  exchanges,  scales  or  special  lists  of  the 
Chambers  of  Commerce. 

The term waste  is defined  in  Luxembourg legislation  as any substance or object  which 
falls within the categories established  by that law, and, more generally,  any property  the 
owner  abandons  or  intends or is required  to abandon.  Products  and substances  are  also 
regarded  as waste  which  are  intended  for  reuse  insofar  as these products  or  substances, 
as well as secondary  raw materials and the energy resulting  from  reuse, are reintroduced 
into  the  economic  circuit.  The  law also  defines  various  types  of  waste  (domestic  and 
bulky,  assimilated,  problematic,  inert,  dangerous,  industrial,  hospital,  organic  and 
unrecoverable). 

Parts of the  Community  definition  of waste are incorporated  into Netherlands  and UK 
legislation (except for Northern Ireland for which the Directive 91/156/EEC has not been 
transposed  yet).  However,  no reference  is made to the EWC . 

2.2. 

Hierarchy  of  principles  of waste  management  policy  and  implementation 

(Articles  3  and  4) 

As  was  stated  in the  Community  strategy  of  1989  for  waste  management  (SEC/89/934 
final)  and  recalled  in  the  Review  of  the  same  strategy  (COM/96/3 99/final),  and  in  the 
light of the provisions  of Articles 3 and 4 of the Directive, Community  policy  on waste 
management  must  be  geared  first  of  all  to  preventing  the  generation  of  waste  and  to 
reducing  its harmfulness  before  considering  reuse  and final elimination.  Member  States 
have to  take the  appropriate  measures,  and  inform  the  Commission  thereof,  to  promote 
this hierarchy and to ensure that these operations neither endanger human health nor harm 
the  environment. 

With regard  to Belgium, a Brussels Order of  1991 transposes these provisions, but  it has 
to  be  said  that  the  elimination  concept  established  by  the  Order  includes  both  the 
collection,  transport  and  processing of waste leading or otherwise to possible  recovery, 
recycling, re-use, direct re-employment or any other use of waste. As regards the Flemish 
Region,  these  provisions  are transposed  by  an amended  Flemish  decree  of  1981 which 
prohibits, on the one hand, the abandonment or disposal of waste  in contravention of the 
legal provisions and creates, on the other hand, an obligation, which is the  responsibility 
of persons managing or eliminating waste, to reduce as far as possible the risks to health 
and  the  environment.  In  the  Walloon  Region,  an  amended  decree  of  1985  has  as  its 
objectives  to  prevent  the  generation  of  waste, to  encourage  recycling  and  recovery  of 
energy and  substances and to organize waste disposal. The decree only partly  transposes 
Article 3 of the Directive in that it does not include the methods and means specified  by 
the Directive of achieving the objectives set out. Neither does this decree lay down a clear 
hierarchy  . 

In  Denmark,  the  principles  of  the  Community  hierarchy  do  not  appear  in  the 
transposition  text  on  waste,  but  in  more  general  legislation  concerning  environmental 
protection. National  plans in the fields of clean technologies  and of reuse of waste have 
been adopted  in  order to  implement  the provisions of Article  3 of the  Directive. 

German legislation has contained this hierarchy since  1986. According to this legislation 
the generation  of  waste  has, first and  foremost,  to  be avoided.  The  law of  1994,  which 
will enter  into force  at the end of  1996, quotes as means of preventing the generation of 
waste closed circuits of substances within an installation ( Kreislauffuhrung ), the design 
of products and consumer behaviour which should favour products generating little waste. 
German  legislation  also  states  that  between  recycling  and  reuse  of  energy 
the  option 
which  harms  the  environment  less has to be  preferred. 

The objectives  set  out  in Article  3 of the Directive  are enshrined  in French  law.  With 
regard  to  the  prevention  or  reduction  of  production  and  harmfulness  of  waste,  this 
objective  will  be  implemented  through  measures  geared  to  the  manufacture  and 
distribution  of products. This law contains provisions on the production  and  distribution 
of products generating waste as well as provisions for recovery. With regard to the latter, 
the  law lays down the methods of use of certain materials, elements or energy  forms  in 
order to facilitate recovery; its implementation refers to the adoption of decrees in Council 
of State. A national agency, the Environment and Energy Agency, is required in particular 
to  encourage  measures  to  limit  the  production  of  waste  and  deal  with  its  elimination, 
recovery and reuse. The principle of elimination without harming the environment set out 
in  Article  4  of  the  Directive  is also transposed  in  French  law.  Thus,  "any  person  who 
produces  or holds waste, under conditions  likely to produce harmful  effects  on the soil, 
the flora and the fauna, to degrade sites or landscapes, to pollute air or water, to generate 
noises and odours and generally to undermine the health of humans and the environment, 
is  required  to  provide  elimination  of  it  (...)  under  conditions  designed  to  avoid  the 
aforementioned  effects".  With regard  to the measures  needed  to  prohibit  abandonment, 
discharge and uncontrolled elimination of waste, the law lays down the cases where waste 
is abandoned, dumped or treated contrary to legal provisions by making for the possibility 

for the policing authority to ensure automatic  elimination of  the said waste at the person 
responsible's expense. 

Luxembourg  law has transposed  the provisions of  Articles  3 and  4 of the  Directive. 

In the Netherlands, the chapter concerning the waste in the  Wet milieubeheer adopts the 
Community  hierarchy.  Voluntary  agreements  ( convenant ) can  be  concluded  between 
the  industry and the competent authorities in order to promote the prevention and  reuse 
of waste. 

The  hierarchy  has  been  transposed  in  UK  law  except  where  Northern  Ireland  is 
concerned. 

As regards the other Member States, it is difficult  to judge to what degree the hierarchy 
is applied and what measures are taken to encourage it due to the lack of information  and 
the non-transposition  of Directive 91/156/EEC.  Indeed, Greek, Spanish, Irish and Italian 
legislation  does  not  adopt  the  Community  hierarchy  as  regards  waste  management.  A 
thorough  analysis  of  the  waste  management  plans  would  show  a  better  picture  of  the 
measures taken to promote the objectives referred  to in Articles 3 and 4 of the Directive, 
although the  Commission  is still far  from  being in a position to undertake  this analysis 
(see point  2.5  below). 

2.3.  Establishment  of  an  integrated  network  of  disposal  installations  and 
(Article  5) 

application  of  the principles  of self-sufficiency  and  proximity 

To  help  achieve  the  general  objective  of  minimizing  the  movements  of  waste,  the 
Directive introduced  into its Article 5 the principle of proximity, which means that waste 
has to be  eliminated  in one of the closest  suitable  facilities. 

This  conception  of  the  principle  of  proximity  is  completed  by  the  principle  of 
self-sufficiency,  as  set  out  in  Article  5 of  the  Directive.  This  provision  shows  that  the 
Community  as  a whole  has to  endeavour  to become  self-sufficient,  the  Member  States 
having to work  individually  towards this aim. It reflects,  therefore,  the general  idea that 
waste  produced  within  the  Community  should  not be eliminated  elsewhere. 

To make these two principles as operational as possible, the same Article provides for the 
need to establish an integrated network of waste disposal installations, taking into account 
the best technologies available not involving excessive costs. The installations must have 
sufficient  capacity  and  comply  with  the  standards  established  in  Community  law  as 
regards  licences, technology  used, and emissions  into the  environment,  etc. 

In Belgium, an amended Flemish decree of  1981 stipulates that the Flemish government 
can  prohibit  or  regulate the import  and  export  of waste  in compliance  with  Regulation 
(EEC)  No  259/93.  An  amended  Walloon  decree  of  1985  stipulates  that  the  regional 
government  can  establish  the  conditions  whereby  waste  can  be  transferred  outside  the 
Region;  similarly,  the  executive  can  subject  to  specific  rules the  use  of  controlled  tips, 
dumps  and  disposal  and  reuse  installations  for  waste  from  foreign  countries  and  other 
regions.  Accordingly,  waste  imported  from  other  countries  for  disposal  in the  Walloon 
Region  is prohibited by decree of  19 March 1987. The Court of Justice found this decree 
compatible,  for  waste other than toxic and hazardous waste, with Articles 30 -  36 of the 
Treaty,  in  particular  because  of  the  principles  of  self-sufficiency  and  proximity. 
In 
addition,  interregional  agreements on waste management have also been concluded  for a 
five-year period renewable, which stipulate that each region attend to elimination,  as far 
as possible, of its own waste within the confines  of its territory. Lastly, given elimination 
capacity, it will be possible to give preference  to waste from the other region over waste 
from  a foreign  country. 

Denmark, which meets its own needs for waste disposal, has taken measures to establish 
a  suitable  network  of  disposal  installations,  in  particular  through  the  adoption  of 
management plans and cooperation agreements between waste management companies to 
make  for  optimum  use of their  capacities  and healthy  dumping  from  the  environmental 
point  of  view. 

In Germany, waste exports for elimination are operated, in particular to the Netherlands, 
Belgium  and  France. Measures taken pursuant  to Article 5 of the  Directive  also  include 
cooperation  agreements  between companies of the Lander responsible  for  the  treatment 
of  special  waste, and  also between the  Lander themselves, to  make  for  optimum  use of 
capacities  (underground  tips,  incinerators,  etc), the  establishment  of joint  special  waste 
treatment  companies,  the  planning  of  tips  and  waste  treatment  installations  from  other 
treatment  plants, and the  identification  of suitable  sites and technologies  to be used. 

In France,  one of the objectives defined  by the law is to organize the transport of waste 
and to limit  it in distance and in volume. The priorities to be set in order to achieve this 
objective  and  the  measures  to  be  taken  to  ensure  its  realization  are  set  out  in  plans 
established  by  the  competent  administrative  authority.  These  plans,  which  have  to  lay 
down the  conditions  of  elimination  of certain  categories of waste, must  also  lead to the 
creation  of  coordinated  waste disposal units. 

In Luxembourg,  various projects to ensure waste elimination are under development or 
in the planning phase, namely, a national tip for industrial waste in Haebicht, cleaning and 
extension  of  the  domestic  waste  disposal  tip  in  Muertendall,  modernization  of  the 
domestic waste  incinerator  in Leudelange, regional  composting  facilities,  and  a national 
network of container parks, etc.  The Grand-Duchy  puts  its degree of self-sufficiency  at 
73%,  in  1994, for  domestic  and assimilated  waste, and  at  52% for  hazardous waste. 

In the  Netherlands,  approximately  12% of the  hazardous  waste  produced  was  exported 
in  1994,  and  an  equivalent  quantity  imported.  No  data  on  transfers  are  available 
concerning non-hazardous waste. However, the Netherlands institute RIVM considers that 
export  /  import  movements  of  non-  hazardous  waste balance  one  another  out. 

The  United  Kingdom  considers  that  98.7% of  its waste  is disposed  of or  reused  inside 
the  country.  Landfilling  and  disposal  at  sea are the  most  widely  used  methods  of  waste 
disposal  in the  United  Kingdom. 

For  the  other  Member  States  concerned,  the  Commission  has  only  scant  information 
concerning  the  implementation  of  the  principles  of  proximity  and  self-sufficiency. 
However,  it  can  already  be  said  that  the  efforts  made  until  now  to  set  up an  integrated 
network of disposal installations have not been sufficient.  These countries have not taken 
specific  measures to set up such a network, the current  system being  based  on municipal 
tips,  many  of  which  present  serious problems  in terms  of  location  and  operation. 

2.4. 

The  competent  authorities 

(Article  6) 

Under Article 6 of the Directive, Member States must establish or designate the respective 
authorities  responsible  for  the  implementation  of the  Directive. 

In  Belgium,  the  Regions  of  Brussels,  Flanders  and  Wallonia  are  responsible  for  waste 
management  policy.  The  collection  of waste  is the responsibility  of the  communes. 

In  Denmark,  there  are  275  competent  authorities  at  local  level  (  Kommune  ),  14  at 
regional  level  ( Amter ) and the authority  at national  level.  Responsibility  for  the waste 
management  plan  is  divided  between  the  local  and  national  level.  The  licensing  and 
registering  procedures  tie  in with the  local  and regional  levels. 

In Germany,  there are 485 competent authorities at local  level, 32 at regional  level and 
16 at the level of the Lander. All the levels are responsible for management plans, except 
for the Federal administration. The regional and local levels divide responsibilities for the 
issue  of  licences  for  disposal  and  reuse  as  well  as  for  the  registering  of  exemptions. 
Establishments  or  companies  are registered  at  local  level. 

Greek  law  designates  the  authorities  responsible  at  local,  regional  and  national  levels, 
namely,  at  national  level, the Ministry  of the Environment,  which  draws  up the  general 
technical  specifications  for  waste disposal; at regional level, the Union of the communes 
and  of  municipalities  of  each  prefecture  and,  where  none  exists,  a  group  of  various 
peripheral  departments  of  the  Ministries  of  Health,  Economic  Affairs,  the  Interior, 
Agriculture,  the  Environment.  These authorities  establish  the  waste  management  plans 
at regional  level. 

The  competent  authority  at  national  level  in  Spain  is  the  Ministry  of  Public  Works, 
Transport  and  Environment  which  is responsible  in  particular  for  general  planning  and 
transfer  of  waste,  both  urban, toxic and hazardous waste. At regional  level  there  are  19 
competent authorities, the Comunidades Autônomas, which establish regional management 
plans for urban and hazardous waste and authorize and register the operations referred  to 
in  Articles  9,  10 and  12 of the Directive with regard to toxic  and hazardous  waste. The 
provinces, 
of  which  there  are  43  not  counting  those  belonging  to  uniprovincial 
autonomous  Communities,  can establish  urban  waste management plans  for  their  areas. 
The  8  066  municipalities  are  responsible  for  urban  waste  management  plans  and  the 
permits  referred  to  in Articles 9 and  10 of the Directive  for  this type  of waste. 

In France, the competent authorities are the prefects  of the departments, 99 in total, and 
these are responsible for  household and assimilated waste management plans, the prefects 
of the regions, 22 in all, being responsible for the management plans for waste  other than 
household  and  assimilated.  The  issue of  permits  for  disposal  and  reuse  operations  is at 
two levels, regional  and departmental.  In addition, the  disposal  of waste resulting from 
the  packagings  of  a product  at  all  the  stages  of  manufacture  or  marketing,  other  than 
consumption or household use, has to be carried out in an installation subject to approval, 
declaration  or permit  issued by the prefect  of the department.  The activities of transport, 
trading  and  brokerage  of  industrial  and  commercial  packaging  waste  are  subject  to  a 
declaration  to  the prefect  of the department  of the  declarant. 

A  previous  Irish  law  designated 
the  local  authorities  and  the  Ministry  of  the 
Environment  as  the  competent  authorities.  A  subsequent  law  has  given  certain 
responsibilities to the Irish Environmental Agency Protection set up  in  1992. Under  the 
1995 Irish  Waste Bill the competent authorities are the local authorities and the Agency. 

In Italy the state is responsible for a series of tasks of a general nature (establishment of 
general  criteria  as  regards  waste  disposal,  coordination  of  regional  of  waste  disposal 
plans, etc). The Regions are responsible for the development of waste management plans 
and  the  issue  of  permits.  The  Provinces  are  responsible  for  the  control  of  the  waste 
disposal.  The  communes,  finally,  attend  to  urban  waste  disposal,  either  directly  or  by 
means of  specialized  companies. 

In Luxembourg the  118 communes are responsible for the disposal of bulky and similar 
waste  in  their  jurisdiction,  but  under  Article  6  of  the  Directive  the  only  competent 
authority  is the Ministry of the Environment which is responsible  for  issuing permits  for 
elimination operations and for registering exemptions. Establishment  of the management 
plans is the responsibility  of the Environment  Administration  under the  authority  of the 
Ministry  of  the  Environment.  The  registering  of  establishments  or  undertakings,  as per 
Article  12 of  the Directive,  is not  implemented  in  Luxembourg. 

10 

In  the  Netherlands  the  competent  authorities  are  the  Ministry  of  the  Environment  for 
central government, the  12 provinces and approximately 600 municipalities  (Gemeenten). 
The  central  authority  and  the  provinces  have  to  establish  waste  management  plans, 
whereas this point  is optional  for  the municipalities. 

In Portugal  the local authorities (autarquias locais) are responsible for the collection and 
treatment  of  urban  waste  in  their  respective  jurisdiction.  At  national  level,  it  is  the 
Directorate-General  for the Environment which is responsible for drawing up the national 
waste management plan which  then has to be approved by joint Portaria of the Ministers 
for Industry and Energy, Health and the Environment and Natural Resources. The sectoral 
plans  are  drawn  up  by  the  Directorate-General  for  Industry  for  industrial  waste,  the 
Directorate-General  for  Health  for  hospital  waste  and  local  authorities  for  urban  waste. 

In  the  United  Kingdom  there  are  220  competent  authorities  which  regulate  waste 
management at local level ( counties and districts ). These authorities are also responsible 
for  the  establishment  of  the  waste management  plans.  In  addition,  the  establishment  of 
a  waste  import  and  export  plan  is  the  responsibility  of  the  Secretary  of  State  for  the 
Environment.  The  creation  of  3  Agencies  for  the  Environment  is  scheduled  for  1996, 
which  should  take  over  some  of  the  functions  carried  out  until  now  by  the  local 
authorities  . 

2.5. 

Establishment  of waste  management  plans 

(Article  7) 

Under  the  terms  of  Article  7,  Member  States  are  obliged  to  require  their  competent 
authorities  to  draw up  one or  more waste management  plans, covering  in particular  the 
types,  quantities  and  origins  of  the  waste  to  be  recovered  or  disposed  of,  the  general 
technical requirements, any special arrangements for particular waste and suitable disposal 
sites  and  installations.  They  are  required  to  notify  the  Commission  of  them.  Since  the 
adoption  of  the  Directive,  in  1975, Member  States  have  been  slow to  comply  with  this 
obligation - Italy and Greece have not notified  any plans and Member States which have 
drawn up plans and notified  them to the Commission, covering all the categories of waste 
required  for their whole territory, are still a rarity. Several  infringement  procedures have 
been initiated by the Commission against certain Member States. Consequently, an overall 
evaluation  of  conformity  with  Article  7 of the Directive  has not  been  yet  possible. 

The  plans  received  by  the  Commission  are  highly  diverse.  As  regards  their  territorial 
implementation,  some Member  States have communicated  to the  Commission  only  one 
plan  covering  all  the  national  territory  - e.g.  Denmark  and  Luxembourg  - while  others 
have  communicated  plans  at  local  level  - e.g.  the United  Kingdom  has  submitted  more 
than a hundred  of these plans -.  Often the national plans are to be expanded  by regional 
plans - as in the case of Spain where the national hazardous waste plan refers to the plans 
of  the  Comunidades  Autônomas,  but  so  far  none  of  these  regional  plans  has  been 
communicated  to the Commission -. The duration of these plans can range between five 
and twenty years - e.g. the waste disposal plan of Inverness District Council in the United 
Kingdom  -; certain plans are due for  revision every three years. Finally, the  subject  and 
headings  of  these  plans can be rather  disparate  - waste  disposal  plans  and  development 
plans (in the United Kingdom), household waste plans (in France), development  plan (in 

11 

Luxembourg),  plan  relating  to  the  prevention  and  management  of  waste 
(Brussels 
Region), clean technology plan and waste recovery plan (in Denmark), hazardous waste 
plan (in Spain), special waste plans (in Ireland and Germany), management plan for waste 
from vessels  (in  Bremen), etc. 

The plan provides an essential tool for any waste management policy, but it  is also a key 
instrument for establishing a suitable network of waste disposal installations. In order to 
achieve the goals of this policy, the criteria regarding the contents of the plans must'be 
given  concrete  expression.  Consequently,  in  addition  to  the  current  data,  i.e.  the type, 
quantity and origin of waste and existing recovery and disposal  capacities, plans should 
contain  indications  of future  developments  in this field. This might  consist of  forecasts 
of  the  quantities  of  waste  as well  as  on the potential  for  prevention  and recovery  and 
secondary targets. Measures arising out of these forecasts should be described. They could 
include public information programmes for everything to do with prevention potential as 
well  as  information  on  future  needs  in  recovery  and  disposal  equipment  and  possible 
locations.  Finally,  these  plans  should  contain  information  for  consultation  by  other 
Member States. 

Under  Article  7(2)  Member  States  must  collaborate,  as  appropriate,  with  the  other 
Member  States  and  the  Commission  to  draw up these  plans.  But  it  emerges  from  the 
information received by the Commission that this collaboration is practically non-existent, 
except  as regards transfers  of  waste,  and only  to  a limited  degree  at that.  Such  is the 
specific  case  of  the  Working  Party  for  cross-border  waste  management  in  the  big 
Saar-Lor-Lux-Trier-West Palatinate Region. Currently "the interregional plan of industrial 
waste  management  for  Lorraine,  Sarre,  Luxembourg  and  the  Belgian  province  of 
Luxembourg" dated  December  1990 needs to be brought up to  date and supplemented. 
The regions concerned are drawing up "the basic study and the prospects for collaboration 
as regards industrial and commercial waste treatment in the big Saar-Lor-Lux-Trier-West 
Palatinate  Region.  Some  cooperation  also  occurs  between  the  Neue Hanse interregio, 
Niedersachsen, Bremen and certain  Dutch provinces,  as well  as  in  the  Franco-German 
council  for  the  environment.  Similarly,  a  certain  amount  of  cooperation  between  the 
Netherlands  provinces  and  Belgian  regions  has been established  as  regards hazardous 
waste  management  in  terms  of  the  capacity  of  treatment  installations.  The  United 
Kingdom recently made contact with the other Member States to explore possible avenues 
for  cooperation  in  the  establishment  of  management  plans  and,  in  particular,  export  / 
import plans for waste. 

12 

2.6. 

Collection  of waste 

(Article 8) 

Article  8 of  the  Directive  stipulates  that  Member  States  take  the  necessary  measures  to 
ensure  that  any  holder  of  waste  passes  it  on  to  a  private  or  public  collector  or  to  a 
company  which  carries out disposal or recovery operations, or recovers or disposes of it 
himself  in  accordance  with the provisions of the  Directive. 

To  recover  or  dispose  of  waste  or  to  have  it  recovered  or  disposed  of,  Member  States 
have adopted the model whereby either the municipalities (in the majority  of the Member 
States)  or  specialized  agencies  (in  Germany)  ensure  the  collection  of  household  waste 
while industrial  generators of waste are obliged to recover or dispose of it themselves or 
to  pass  it  on  to  professional  collectors  authorized  to  do  so.  Despite  this  model,  the 
diversity  in  the  forms  of  implementation  from  one  Member  State  to  another  is 
appreciable. 

2.7. 

Authorization  procedures,  exempts  and  registering  of  establishments 
(Articles  9.  10,  11. 12. 13 and  14) 

One of the key parts of the Directive is the establishment  of  an obligatory  authorization 
procedure  for  any company which carries out disposal or recovery operations, as well as 
of a registering  system and periodic inspections of these operations, as set out in Articles 
9  to  14.  As  regards  the  authorization  system,  provision  is  made  for  exemptions  under 
certain  conditions  (Article  11).  In  addition,  establishments  carrying  out  recovery  or 
disposal  operations,  and  possibly  the  producers  of  waste,  must  keep  a  record  of  their 
activities  and  provide, on request, the requisite information  to the  competent  authorities 
(Article  14). 

With regard to  Belgium, in the Region of Brussels the Executive  subjects  operations by 
waste  disposal  establishments  to  specific  conditions,  which  can  cover  the  disposal  site 
itself  and  safety  precautions,  which  are  included  in the  authorizations  issued  under  the 
terms  of  more  general  laws. The  Executive  can  also  subject  to  declaration,  registering, 
approval  or authorization  any persons whom he designates and who produce  or manage 
waste. The principle of the prior authorization  of the disposal  and recovery  operations is 
provided for by Flemish legislation. It also provides for the approval of collectors, brokers 
and  traders  and  the  registering  of  the  carriers  non  approved  in  any  other  way.  The 
obligation to keep a record provided for in Article  14 is also included, as is provision  for 
an inspection  system to be carried  out by the public authorities. In the Walloon  Region, 
the  regional  Government  is  entitled  to  subject  to  declaration,  approval  or  authorization 
anyone producing, managing, buying or selling waste other than household  waste. In the 
absence  of  a  properly  kept  record,  the  regional  Government  can  impose  on  persons 
producing,  carrying,  holding,  recovering  and  disposing  of  waste  other  than  household 
waste the obligation to inform  the administration of the holding  and movement  of waste. 

13 

In Denmark,  exemptions as under Article  11 have been established  for  slag, fly  ash and 
sludge;  the  local  and  regional  authorities  are  responsible.  Waste  disposal  and  recovery 
establishments  have  to  keep  a  record  the  information  required  in  Article  14  in  a 
standardized and computerized  form established by the Ministry of the Environment. The 
producer  of  waste  is not  subject  to the  obligation  to keep a record. 

In Germany the regional and local administrations are responsible for issuing permits and 
granting  exemptions.  Establishments  or  undertakings  are  registered  at  the  local  level. 
General  rules  on authorization  exemptions are in preparation.  The record  of  companies 
and  of  establishment  activities,  as  well  as  of  the  producers  of  waste,  as  set  out  in 
Article  14 of  the  Directive,  is obligatory.  It should  be noted,  nevertheless,  that  the way 
this  is done  varies  from  one Land to the other. 

In  Greece  the  prefect,  assisted  by  a  committee,  is  the  only  person  responsible  for  the 
authorizations relating to dumping, tipping, treating and transporting waste, as well as on 
the  spot  controls  and  inspection. 

Spain  has  not  adopted  any  general  rules  for  granting  the  exemptions  provided  for  in 
Article  11 of the Directive. Managers of hazardous waste  have to submit an annual report 
on  a  standard  form  and  to  keep  a  record  of  their  activities  containing  following 
information:  origin of waste, quantity, nature, composition and identifying  code of waste, 
date  of  acceptance  and  receipt  of  waste,  storage  time  and  dates  and  treatment  and 
elimination  operations,  dates,  data  concerning  the  various  methods  and  subsequent 
destination  of  waste.  Hazardous  waste  producers  are  also  subject  to  a  similar  record 
system  and  must  also  submit  an annual  statement  on a standard  form. 

In France  no general  rules  for  granting  the exemptions provided  for  in Article  11 have 
been  adopted.  Moreover,  where  the  producers  of  certain  waste  generating  harmful 
effects  do so in quantities of more than 0.1 tonnes per month or where this load exceeds 
0.1  tonnes,  they  must,  on  passing  on this waste to third  parties, issue  an  accompanying 
slip.  Producers,  collectors,  carriers,  importers  and  the  owners  of  storage,  grouping, 
pretreatment or elimination facilities for this waste must keep a record accounting for the 
respective  operations  carried  out  in relation  to waste  disposal. 

Irish  legislation  transposing  the  original  Directive  exempted  urban  waste  disposal 
installations  from  the  authorization  obligation.  Accordingly,  the  Commission  had  taken 
the relevant  legal  measures  and the Irish authorities  agreed to  make  changes to the  law. 
The  1995  Irish  Waste  Bill  also  provides  for  an  authorization  system  applicable  to 
municipal  facilities. 

14 

Italian legislation transposing the original Directive refers only to an authorization system 
for  waste  disposal.  Responsibility  for  this  authorization  is with  the regional  authorities. 
The  authorization  has to  indicate,  inter alia, the site, the type and  quantity  of  waste  that 
can be accommodated,  the maximum life  of the tip, necessary  work, etc. Controls on the 
part  of the competent  authority  are carried  out by the producers  and  managers  of waste. 

In  Luxembourg  the  Minister  responsible  for  the authorization  required  under  the terms 
of Articles 9 and  10 can exempt establishments or companies which collect and transport 
road  work  waste  and excavation  and demolition  rubble not  containing  hazardous waste, 
establishments  which  collect  and  transport  waste  in  tiny  quantities  from  their  own 
activities  and  the  companies  which  recover  waste  on  site  from  the  products  they  make 
which  cannot  be  put  on  sale.  The  registration  of  establishments  or  companies  under 
Article  12 of the Directive is not put into effect  in Luxembourg. Under Article  14 of the 
Directive companies and establishments carrying out disposal or recovery operations have 
to  keep  a  record.  A  Grand-Ducal  draft  Regulation  concerning  hazardous  waste  is  in 
preparation  which  provides  for  these records  for  the producers  of  hazardous  waste . 

In the  Netherlands  the  issue of permits  for  disposal  and  recovery  operations  is at three 
territorial  levels,  the  municipalities  being  responsible  for  collection.  The  central 
government  makes an non-objection  statement where there is a provincial  authorization. 
As  regards  registration  and  exemption,  the  central  government  is  responsible  for  waste 
oils,  the  remainder  coming  under  the  provincial  or  local  authorities.  General  rules  for 
granting  the  exemptions  provided  for  in Article  11 of the  Directive  have  been  adopted. 
An  obligation  to  keep  a  record  exists  under  Article  14  for  the  establishments  and 
companies  referred  to  in Articles  9 and  10. Producers  are  also  required  to  comply  with 
the provisions  of  Article  14 as part  of the authorization  they  need. 

In  Portugal  the  body  responsible  for  issuing  permits  for  urban  waste  management  is 
either  the  Regional  Director  or  the  Director-General  for  the  Environment.  Portuguese 
legislation  does  not  provide  for  exemptions.  The  record  of  the  operators'  activities  in 
waste management  and of producers'  activities, as set out in Article  14 of the Directive, 
is  obligatory. 

The United Kingdom has adopted general rules for granting the exemptions provided  for 
in Article  11 of the Directive. UK legislation also obliges establishments  and  companies 
engaged  in waste recovery  and disposal  to keep a record.  Apart from  the  accompanying 
documents that all establishments disposing  of (and transporting)  hazardous  waste have 
to have, the installations involved in this type of operation must keep a record  of the site 
of  each  deposit  of  waste.  All  producers  of  hazardous  waste  must  keep  a record  of  all 
accompanying  documents  issued at the time of transfer  of waste. All  other  producers of 
waste must, on transfer  of waste, complete  and  keep a transfer  document  specifying  the 
type  and  the  quantity  of  waste.  They  must  also  keep  a  copy  with  a  more  detailed 
description of the nature and origin of the waste. This information  must be made available 
at the  request  of the  competent  authorities. 

15 

CONCLUSIONS 

The  Commission  notes  a certain  reticence  on  the part  of  the  Member  States  to  actually 
implement the Directive or some of its provisions. This reticence is reflected  both in late, 
only  part  and  even  non-existent  transposition  of the Directive  and  in numerous  cases of 
poor  implementation. 

The Commission has found that national laws transposing the Community texts often  use 
definitions  and  classifications  of  waste which  depart  from  the  Community  terminology 
- industrial  waste, non-recoverable waste, secondary  raw materials  , special  waste, etc. -
and often  even add other considerations to these definitions  - destination of waste, origin 
from an economic sector, etc. But using different  terminology compromises transparency 
and any organizational  and economic buffers  and only causes problems for the economic 
players  and  administrations  involved.  The  Community  definition  of  "waste" is  far  from 
solving  all  the  problems  thrown  up  by  the  distinction  between  waste  and  product.  It 
should  be  noted,  however,  that  this  definition  encourages  the  creation  of  an  integrated 
waste management  system in the context of the internal market and it is accompanied by 
a detailed  list of waste, the European Waste Catalogue - like  hazardous waste for  which 
a Community definition  and list exist already -.  These definitions  and lists thus have the 
dual aim of  protecting the environment and establishing and making operative an internal 
market in waste.  These two objectives will only be achieved when all the Member  States 
incorporate  the  Community  definitions  and  lists of  waste  into their  national  laws. 

It is difficult  to say to what extent the Community hierarchy concerning waste is followed 
in  the  Member  States.  As  has  already  been  said,  some  have  not  even 
transposed  the 
Directive,  and  most  have  not  informed  the  Commission  of  how they  intend  to  put  this 
hierarchy in place. Only a detailed study of the various waste management plans will give 
more revealing results. At the present stage, the Commission  is not in a position to carry 
out this  evaluation. 

Given  the  latest  legal  developments  in  the  shipment  of  waste,  the  aim  of  Community 
self-sufficiency  in  waste  disposal  can  be  said  to  be  practically  achieved  -  Regulation 
(EEC) No 259/93  on the supervision  and control  of shipments of waste within,  into and 
out of the European Community provides for a total ban on exports of waste for  disposal 
outside the  Community,  except to the EFTA  countries which  are members  of the  Basle 
Convention  -. That  said, the  degree of  self-sufficiency  reached  by the Member  States is 
rather  uneven. 

Whether  or  not  the  principle  of  proximity  is  put  into  practice  cannot  be  said  without 
taking  account  of  the  existence  or otherwise  of  a  network  of  waste  disposal  plants. At 
present, this network does not yet exist  at Community  level, even though some Member 
States made  considerable  strides  in this  direction. 

Where the competent  authorities are concerned, the number of them by country and their 
level of responsibility  is determined by the diverse nature of the territorial  breakdown of 
the Member  States. The situation varies appreciably from one Member  State to  another. 

16 

Despite the fact that since 1975 Member States have committed themselves to establishing 
waste  management  plans,  this  has  not  taken  the  form  of  satisfactory  results.  This 
instrument,  which  is  of  capital  importance  in any  waste  management  policy,  has  only 
very recently been deployed by the Member States, and only in piecemeal fashion at that. 
Member  States  have  to find the  political  will  needed  to  establish  and  implement  such 
plans. 

All the Member  States now have a system of authorization and recording  of  companies 
and  establishments  carrying  out  waste  recovery  and  disposal  operations,  hut  the 
procedures and the authorities responsible  for these systems vary enormously from one 
country to another. 

Finally,  the Commission  notes a certain reticence  on the part of certain Member  States 
to provide the information due under Article  16 of the Directive.  As pointed out above, 
only  eight  of  the  twelve  Member  States  concerned  have  sent  the  Commission  their 
national reports. In future, to avoid incomplete or inconsistent reports, Member States will 
have to make more effort  to comply with the obligation of submitting a progress report 
on the transposition of the Directive. These obligations have henceforth to be seen in the 
light of Council Directive 91/692/EEC and Commission Decision 94/741 /CE drawing up, 
inter  alia,  a  questionnaire  concerning  the  transposition  and  implementation  of  the 
Directive  75/442/EEC. 

17 

DIRECTIVE  78/319/EEC  OF  20 MARCH  1978 ON  TOXIC  AND 
HAZARDOUS  WASTE 

I. 

INTRODUCTION 

Directive 78/319/EEC on toxic and hazardous waste was adopted  by the Council on 20 March  1978, 
and  entered  into  force  on 22 March  1980. 
On  12 December  1991, the Council adopted Directive  91/689/EEC5 on hazardous waste. Due to the 
delay  in adopting  the  list of hazardous  waste referred  to in Article  1, paragraph  4, of this Directive, 
the  Council  adopted,  on  27. June  1994,  Directive  94/31/EC6  postponing  the  entry  into  force  of 
Directive  91/689/EEC  and the repealing  of  Directive  78/319/EEC  until  27  June  1995. 

In accordance with Article  16 of Directive 78/319/EEC, every three years and for the first time three 
years  following  the  notification  of the Directive,  Member  States are obliged  to  draw  up a  situation 
report  on the disposal  of toxic and dangerous  waste  in their respective  countries,  and  shall  forward 
it to the  Commission,  which  in turn will  circulate  it to the  other  Member  States. 
The Commission is obliged to report every three years to the Council and to the European Parliament 
on the  application  of the  Directive. 

The present  report  aims at informing  the European Parliament  and the Council  of the application  of 
Directive  78/319/EEC  for  the  years  1989-1994,  by  giving  a  general  picture  concerning  the 
transposition  of  the  Directive  into national  legislation. 

To  this  end,  a  request  of  information  and  a questionnaire  were  sent  to  the  Member  States  in  May 
1995.  A  second  request  was  sent  to  the  Member  States  in  July  1995.  Only  six  Member  States 
(Denmark, Germany,  Spain, France, the Netherlands, the United Kingdom), plus the Flemish Region 
for Belgium, have replied to this request and filled in the questionnaire. As regards certain provisions 
of  the  Directive,  the  Commission  has  relied  on  other  information  available  to  its  services  (waste 
management plans, notified  legislation, exchange of letters, proceedings of meetings) to try to make 
this  report  more  complete.  However,  this additional  information  may  only  be partial. 

O.J.L  377, 31.12.1991,  P. 20. 

6  O.J.  L 168, 2.7.1994,  P. 28. 

18 

II. 

IMPLEMENTATION  OF  THE  DIRECTIVE 

The  conclusions  drawn  from  the  information  available  at the  Commission  are  summarized  below. 
The  amount  of  information  on  the  different  Member  States  may  vary  according  to  the  detailed 
information  sent  to  the  Commission. 

Article  1, letter  fr  Definition  of toxic  and  dangerous waste 

According to this Article, "toxic and dangerous waste" means any waste containing or  contaminated 
by the substances or materials listed in the Annex to the Directive, of such a nature, in such quantities 
or in such concentrations as to constitute a risk to health or the environment. The Directive  therefore 
leaves it to the discretion of the Member States to set out the nature, the concentration or the quantity 
of  the  substances  or materials  which  constitute  a risk to health  or  the  environment. 

This definition  has not  been followed  as such by the legislation  applicable  in the Brussels and the 
Walloon  Regions  of  Belgium. 

The following  substances or materials (and their compounds) are considered to be a risk to health or 
the environment  in  Flanders: 

a)  When  their  concentration  exceeds  1000  mg/Kg:  organic-halogen  compounds  (excluding  inert 
polymeric  materials  and  other  substances  referred  to  in  Directive  78/319/EEC  or  other  Directives 
concerning  the  disposal  of toxic  and  dangerous waste); chlorinated  solvents. 

b)  When their  concentration  exceeds  500 mg/Kg: arsenic,  cadmium. 

c)  When their  concentration  exceeds 250 mg/Kg: beryllium,  cyanides  (organic  and  inorganic). 

d)  When  their  concentration  exceeds  100 mg/Kg: mercury,  thallium. 

e)  When  their  concentration  exceeds  10%: organic solvents. 

Biocides  and  phyto-pharmaceutical  substances  and pharmaceutical  compounds,  as well  as  chemical 
laboratory  materials, not  identifiable  and/or new, whose effects  on the environment  are not known, 
are  always considered  toxic  or dangerous. 

In Denmark, chlorinated solvents, chemical laboratory materials (not identifiable  and/or new, whose 
effects  on  the  environment  are  not  known),  asbestos  (dust  and  fibres)  and  acids  and/or  basic 
substances  used  in  the  surface  treatment  and  finishing  of  metals,  are  always  considered  toxic  or 
dangerous,  regardless  of their  quantity  or  concentration. 

For  the other  substances  listed  in the Directive's  annex,  the classification  is made case by case on 
the basis of local authorities' assessment of the potential risk for health and environment. To this end, 
a weighing is made between different  elements such as quantity, concentration, chemical and physical 
state,  potential  disposal  possibilities,  risk  of  physical  contact,  diffusion,  leaching,  evaporation, 
transformation  and  so on. 

19 

Germany has not defined  toxic and dangerous waste by reference to the substances or material listed 
in the Annex  to  the Directive.  Toxic and  dangerous  wastes are  evaluated  according  to  their  effects 
on human  health  and  on the environment  with  a view to the  envisaged  treatment  such  as  recycling 
and  disposal  (landfilling  and  incineration). 

In Spain, the national legislation does not set out any limit of quantity or concentration above which 
a  substance  or  material  is considered  to constitute  a risk to health  or  environment. 
Instead, a number of criteria for the characterization of toxic and dangerous waste, such as  flashpoint, 
corrosion, physical reactions, and so on, has been produced. These criteria  correspond to the methods 
set  out  by  Directive  84/449/EEC1,  adaptation  to  technical  progress  of  Directive  67/548/EEC2  on 
classification,  labelling  and  packaging  of dangerous substances. 

France  followed  a different  approach  from  the  one  set  out  by  the  Directive,  preparing  a  "national 
inventory"  of  industrial  waste requiring  special  treatment. 

The Irish legislation does not include any specific definition  of toxic and dangerous waste.  However, 
this  legislation  provides  that  any  word  or  expression  used  in both  the  legislation  and  the  Directive 
has, unless the contrary appears, the meaning that it has in the EC Directive.  However, no  guidance 
is given  as regards concentrations  or quantities. 

The  legislation  in  the  Netherlands  makes  reference  to  the  Annex  to  Directive  78/319/EEC.  The 
following  substances  or materials (and their compounds) are considered  to be a risk to health or the 
environment: 

a)  When  their  concentration  exceeds  50 mg/Kg:  arsenic, mercury,  cadmium,  thallium,  beryllium, 
chrome  6,  antimony,  cyanides  (organic  and  inorganic), organic-halogen  compounds  (excluding 
inert  polymeric  materials  and  other  substances  referred  to  in  Directive  78/319/EEC  or  other 
Directives concerning the disposal of toxic and dangerous waste), selenium, tellurium,  aromatic 
polyçyclic compounds  (with  carcinogenic  effects)  and metal  carbonyls. 

b)  When their concentration exceeds 5.000 mg/Kg: lead, phenols, isocyanates, chlorinated solvents, 
peroxides,  chlorates,  perchlorates  and  azides,  asbestos  (dust  and  fibres),  soluble  copper 
compounds. 

c)  When  their  concentration  exceeds  50.000 mg/Kg: organic  solvents, ethers. 

1  OJ.  L 251, 19.9.1984, P. 1 

2  O.J. 196, 16.8.1967,  P. 1 

20 

Other  substances or  materials are not  classified  on the basis of  their  concentration  or  quantities  but 
on the  basis of the  originating  process: biocides and phyto-pharmaceutical  substances  and  chemical 
laboratory  materials, not  identifiable  and/or new, whose effects  on the environment  are  not  known. 

A combination  of some of the above criteria is used to classify  tarry materials from refining  and tar 
residues from distilling and acids and/or basic substances used in the surface treatment  and finishing 
of  metals. 

In the  United  Kingdom  this Article  is implemented  by the definition  of  special  waste, which does 
not  rely  on  quantities  and  concentration  limits,  but  upon  toxicity  and  other  criteria,  such  as  the 
flashpoint. 

Article  4 and  5: Main  objectives 

Member  States have to take appropriate steps to encourage, as a matter of priority, the prevention of 
toxic and dangerous waste, its processing and recycling, the extraction of raw materials and possibly 
of  energy  therefrom  and  any  other process for  the re-use  of  such waste. 

In disposing  of toxic  and  dangerous waste,  Member  States have to ensure that  human  health  is not 
endangered  and  that  the  environment  is not  harmed. 

Abandonment,  uncontrolled  discharge, tipping or carriage of such waste, as well as its  consignment 
to  installations,  establishments  or  undertakings  not  holding  a  permit  for  such  activities  must  be 
prohibited. 

Greek  legislation  has taken  over  literally  the wording  of the Directive, and  gives the  responsibility 
of  corresponding  measures to be taken to the Ministry  for  the  Environment. 

In Spain, toxic and  dangerous waste must be eliminated  without endangering  human health, natural 
resources  and  the  environment.  Public  authorities  must  promote  the  recovery  of  material  and  of 
energy, contained  in  toxic  and  dangerous  waste,  ensure  their  treatment  to  obtain  non-toxic  waste, 
develop new technologies and production processes generating less waste. The Commission does not 
have  information  on the  implementation  of these provisions. 

Under  French  legislation,  in  case  of abandonment  of  waste,  uncontrolled  tipping  or  treatment  not 
carried  out  according  to the criteria  laid down in such legislation,  police authorities may  ensure the 
elimination  of  the  concerned  waste  and  charge  the  responsible  producer  or  holder  accordingly.  In 
addition,  for  certain  categories  of  waste, the delivery  of  such  waste to  non-authorized  installations 
determines joint  responsibility  (of  the deliverer  and of  the recipient)  for  the  damage  caused  by the 
wastes. 

21 

Article  4  was  not  transposed  by  the  Irish  legislation.  However,  in  practice,  the  prevention  and 
recovery  of  toxic  and  dangerous  waste  in  Ireland  has  assumed  more  importance  over  time.  The 
Waste Bill  1995 (which inter alia addresses hazardous waste) contains a number of provisions aimed 
at  stimulating  prevention  and  recovery. 

As regards Article  5(1), there  is a prohibition  on abandonment  and  uncontrolled  discharge,  tipping 
or  carriage  of toxic  and  dangerous waste. 

Article  6: Competent  authorities 

Member  States must  designate  or establish the competent  authority  or authorities  to be responsible, 
in a given area, for planning, organisation, authorization and supervision of operations for the disposal 
of toxic  and  dangerous  waste. 

In  Belgium,  planning  and  organization  is of  competence  of the three  Regions.  Authorization  is of 
joint  competence  of  the  Regions  and  Provinces,  whereas  control  is  a  task  of  the  Regions  and  the 
Municipalities. 

In Denmark,  authorization  and supervision is of joint competence of the  14 Counties (Amt) and the 
the  competence  of 
275  Municipalities  (Kommune).  Planning  and  organisation  fall  under 
Municipalities. 

In  Germany  planning  and  organization  fall  under  the  competence  of  the  16 Regions  (Lander) or 
other authorities (32 Regierungsbezirke and 485 Kreise or kreisfreie Stâdte).  Supervision  falls  under 
the competence of Lander and Regierungsbezirke.  Changes of responsibilities  may occur due to the 
federal  structure  of  the  Republic.  Responsibilities  do  not  always  correspond  clearly  to  statistic 
territorial  units  due  to  co-operation  and  mergers  of  territorial  units  obliged  to  carry  out  waste 
management  operations,  and to commissioning  of duties to third  parties. 

In  Greece,  waste  management  planning  falls  under  the  responsibility  of  the  Ministry  for  the 
Environment, which must receive an assent from the Ministries for national economy, internal  affairs, 
agriculture, public health  as well as from the Central Union of Municipalities.  The Ministry  for  the 
Environment  must  also  draw up a special programme  for  waste  elimination. 

In Spain, planning is carried out jointly at national and regional (Comunidades autonomas - CC.AA.) 
level. The  19 CC.AA.  are responsible  for  organisation,  authorization  and  supervision. 

In France, the national  level  (Environment  Ministry) is competent  for  organisation,  while the other 
three  tasks fall  under  the responsibilities  of the 99 Departments  (Préfet du Département). 

22 

For purposes  of  waste  planning  as well  as  local  waste  management,  Irish  local  authorities are the 
competent authorities under the legislation. The Minister for the Environment has responsibility  for 
waste  policy.  This  situation  will  change  for  hazardous  waste:  it  is  envisaged  that  planning  and 
management of this will become more centralized, with the Environmental Protection Agency playing 
a key role. 

• 

- 

; 

In Italy, planning procedure is decided at national level. Regions and Provinces must then elaborate 
the plans. 

In Luxembourg,  planning procedure is decided at national  level. 

In the Netherlands, planning, organization, authorization and supervision are of shared competence 
of the Government and the  12 Provinces (Provincie). As regards supervision, the approximately 600 
Municipalities  (Gemèenten)  also play a role. 

In Portugal,  plans are elaborated at national  level  in co-operation with the municipalities. 

In the United  Kingdom,  the authorization and supervision of  waste  management  operations is the 
responsibility  of waste regulation authorities. In England, these responsibilities are generally carried 
out by County Councils in non-metropolitan areas, District Councils in metropolitan areas and three 
specially constituted  authorities for London, Manchester and Merseyside. 

In Scotland, Wales and Northern Ireland these responsibilities are carried out by District and Island 
Councils (approximately  120). 

The responsibility  for  giving planning permission  for waste disposal  facilities  usually  lies with the 
planning  departments  of  the  larger  local  authorities  (eg.  the  County.Councils  in  non-metropolitan 
England or District Councils in Wales). These authorities are also responsible for the drawing up of 
waste local plans based on the relevant Waste Regulation authority's waste management plan for the 
area. 

The collection  of  municipal  waste is the responsibility  of the Waste Disposal  authorities which are 
usually part of the smaller local authorities (eg. the District Councils in non-metropolitan England). 
Disposal arrangements are the responsibility of local authority Waste Disposal companies, which are 
increasingly moving  into the private sector. 

23 

Article  7: Separation,  labelling,  records  and  identification 

Member  States have  to take appropriate  measures  as regards the  separation  of  toxic  and  dangerous 
waste from  other matter, the labelling of packaging  of toxic and dangerous waste and the record and 
identification  in respect  to each  site where waste  is deposited. 

In  the  Walloon  Region  there  is,  since  April  1992,  an  obligation  to  separate  toxic  and  dangerous 
waste  when  they  are  collected  or  transported,  except  if  mixing  the  waste  improves  the  security  of 
collection  and  transport. 

Greek legislation  obliges the holder of toxic and dangerous waste to take appropriate measures, and 
gives to  prefects  the  responsibility  for  controls.  It  is not  known  whether  such  measures  have  been 
taken. 

Legislation in Spain requires producers of toxic and dangerous waste to appropriately  separate toxic 
and dangerous waste, ensure that they are not mixed with other waste, in particular with other wastes 
or material which increase their hazardousness and make their handling more difficult.  They must also 
care for  the packaging, and labelling  of packages containing  toxic and  dangerous waste, and keep a 
register  concerning  imported  products. 

French  legislation requires that special  industrial waste included  in a list established  by the Conseil 
d'Etat  may  not  be  stored  in installations receiving  also other categories of  wastes. 
Furthermore, producers and undertakings treating wastes,  when delivering them to a third party, must 
produce a special form mentioning the origin of the wastes, their characteristics, their destination, the 
foreseen  methods  of  collection, transport,  storage, treatment  and  elimination,  including  data on the 
identity  of  other  undertakings  involved  in  these  operations.  Producers,  collectors,  transporters, 
importers  and  storers  must  all  keep  a  register  recording  the  different  operations  undergone  by  the 
wastes to  be  eliminated. 

In Ireland  a duty  is imposed on any person collecting, transporting,  storing or depositing  toxic and 
dangerous waste to keep it separate from  other matter and residues.  It is also imposed a duty on any 
person consigning such waste to ensure that the packaging is appropriately labelled, indicating nature, 
composition  and  quantity  of waste.  There  is a duty  to keep records. 

Article  8: Stricter  measures 

Member  States  may  at  any  time  take  more  stringent  measures  than  those  provided  for  in  this 
Directive. 

The  Commission  was not  informed  of any  stricter  measures taken  under  this  provision  by  Member 
States. 

24 

Article  9: paragraph  2:  Specific  information 

Establishments  or  undertakings  which  carry  out  the  storage,  treatment  and/or  deposit  of  toxic  and 
dangerous  waste  must  obtain  a permit  from  the  competent  authorities.  This  permit,  in  addition  to 
covering  the  aspects listed  in Article  9, paragraph  2, may also  lay down the  specific  information  to 
be made available  at  the request  of the competent  authorities. 

In the Flemish  Region  of Belgium, establishments or undertakings requesting permits for  treatment 
or  disposal  of  toxic  waste  must  provide  the  authorities  with  information  on  all  the  operator  of  the 
plant; on the evaluation  of environmental  risks; on the nature and capacity  of the equipment; on the 
nature and characteristics of all wastes (solid and liquid) and emissions, including noise pollution; on 
the  measures  foreseen  and  the  equipment  used  to  limit  any  impact  thereof  on  the  environment;  on 
technical  capacities of the operators; on the location  of the plants, including  data on the ground; on 
building  permits;  on  environmental  impact  assessment  and  safety  plans  when  necessary  under  the 
relevant  regulation. 

In Denmark, installations which store, deposit, treat, destroy and recover waste, and which therefore 
must  receive  a  prior  approval  by  the  authorities,  are  requested  to  provide  the  authorities  with 
information  on the location (maps), setting-up, equipment, operation and technology used. They must 
also  inform  about  the  waste  and  the  other  forms  of  pollution  created,  and  on  the  internal  control 
related to these forms of pollution. Furthermore, details on assessment of safety  in relation to the risk 
of  major  accidents  must  be provided. 

In Germany  the construction, the running, and the aftercare  of a plant are subject to the approval of 
the responsible authorities, which is delivered against the presentation of specific  information  varying 
according  to the  kind  of  plant  envisaged  (for  instance landfill,  incineration  plant). 

The procedures  for  the approval  ensures the participation  of the public  as well  as the publication  of 
the  projects. 

Under Greek legislation, prefects have the competence of giving authorization,  after  the delivery of 
an  opinion  by  a  committee  composed  by  various  representatives  of  public  authorities  and  by  the 
competent  regional  service  of the  Ministry  of the  Environment. 

In  Spain,  operators  must  provide  the  competent  authority  (from  which  the  authorization  to  the 
establishment  derives)  with  all the  additional  information  which  may  be  requested. 

There  does not  seem  to  be, therefore,  a minimum  requirement  in respect  of specific  information  to 
be  made  available. 

25 

In  France,  the  information  to  be  included  in  a  request  for  an  authorization  presented  by  the 
establishment  shall  comprise,  besides  the  elements  mentioned  by  Article  9,  paragraph  2  of  the 
Directive,  information  on  all  the  industrial  processes  taking  place  in  the  establishment,  including 
evaluation  of  the  related  risks;  on the  building  permits  (when  relevant); on  technical  and financial 
capacities of the operators; on the geographical origin of the wastes to be disposed of (including how 
the activity fits in the plans on waste elimination and recovery of materials); on financial guarantees 
(when  applicable).  Maps  of  the  establishment  and  its  surroundings  must  be  included.  These  shall 
contain,  for  registered  establishments  (installations classées), supplementary  information  as regards 
the  conditions  of  use,  sewage  and evacuation  of  all  emanations, and the  measures  foreseen'in  case 
of  accident.  The  request  for  an  authorization  must  be  accompanied  by  an  environmental  impact 
assessment. 

Irish legislation follows  closely the wording of the Directive, and allows for  information  to be made 
available.  However certain municipal facilities benefit from an exemption from the need for a permit. 

In the Netherlands, information  has to be provided concerning the installation, including its design, 
the activities or the processes taking place in it, the capacities, the time of use of the installation, the 
impact  on  the  environment  of  normal  operations, the  measures taken  to  measure  and  to prevent  or 
limit such impact,  including  in any case prevention or minimization  of waste generation, the re-use, 
storage,  recovery  and  disposal  of the waste  generated: 

In the United  Kingdom,  there  are  no minimum  requirements  in respect  of  specific  information  to 
be made available  at the request  of the competent  authorities. The matter  is left  to the discretion  of 
the  individual  competent  authorities. 

Article  11 : Levies 

Member  States  may  charge  levies  on the  monies  used to  cover the  costs  of  disposing  of  toxic  and 
dangerous waste. This  shall  be done  in accordance with the  "polluter pays" principle. 

If such levies are charged, the yield thereof may also be used to finance  control measures relating to 
toxic  and  dangerous  waste, and  research pertaining to the elimination  of these wastes. 

In the Flemish Region of Belgium, levies (milieuheffingen) varying between 400 and 3000  BEF/ton 
are charged  on the  disposal  of toxic waste, 

26 

In Germany,  fees  (Entgelt) are charged by private owners and  levies (Gebiihr) by public  owners of 
plants to the deliverer  of waste who passes them on to the waste producer  according  to the polluter-
pays principle.  The  levies normally  cover costs for  planning,  construction  and  running  of  the plant 
as well  as  for  the  estimated  cost  of  closing  it  down.  In  the  case  of  private  owners  the  fee  contains 
also  a percentage  for  risk  and  profit.  Levies vary  between  less than  100 DM/t  and  more  than  1000 
DM/t  according  to  the  treatment  procedures,  the  composition  of  the  waste  and  the  possible  pre-
treatment procedures. 

In  France,  the  yearly  taxes  applicable  to  registered  establishments  are  used  to  finance  part  of  the 
control  expenses. 

In  the  United  Kingdom,  the  costs which competent  authorities  incur  in regulating  and  supervising 
waste management  activities are recovered  by charges payable by the holders  of waste  management 
licences and  authorizations,  and  by registered  waste carriers. 

A  landfill  levy  has been  recently  proposed  by the  Government. 

In  Denmark,  Spain,  Ireland  and  the Netherlands  no  levies of this kind  are  currently  charged. 

Article  J2:  Plans  for  the  disposal  of toxic  and  dangerous  waste 

Competent  authorities  have  to  draw  up  and  keep  up-to-date  plans  for  the  disposal  of  toxic  and 
dangerous  waste  (it  is  to  be  noted  that  "disposal",  in  the  terminology  of  Directive  78/319/EEC, 
includes also recovery  operations).  They  shall cover  in particular: the type and  quantity  of waste to 
be  disposed  of;  the  methods  of  disposal;  specialized  treatment  centres  where  necessary;  suitable 
disposal  sites. 

Competent  authorities  may  include  other  specific  aspects,  in  particular  the  estimated  costs  of  the 
disposal  operations. They  shall  also make these plans public  and forward  them  to the  Commission, 
which 'arranges  for  regular  comparisons  of the plans  in order  to  ensure that  implementation  of  this 
Directive  is sufficiently  coordinated. 

It  is  difficult,  if  not  impossible  for  the  Commission  to  provide  precise  information  on  the  waste 
management  plans  specifically  referring  to  toxic  and  dangerous  plans  submitted  by  the  Member 
States, according  to  Article  12 of  Directive  78/319/EEC. 

j 

First  of  all, the  information  received  by the Commission  until  1994 was very  limited. 

Secondly, in answering the questionnaire sent by the Commission in May  1995, most Member States 
referred  to plans which  had  been  drafted  in accordance  with the provision  of  the  new  Directive  on 
hazardous waste (91/689/EEC), entered into force on 27 June  1995, which brought the new definition 
of hazardous  waste  into  EU waste  legislation. 

27 

Thirdly, in many  cases the Commission has received plans including municipal, toxic and dangerous 
wastes  and  other  kind  of  wastes  (different  Member  States  used  different  terminology),  and  it  is 
difficult  to  classify  them  as  falling  precisely  under  the  category  of  toxic  and  dangerous  waste  (for 
instance:  plans  for  the  management  of car wrecks, or of healthcare  waste). 

Fourthly,  plans  have  generally  a  limited  validity  period  (which  in  some  cases  has  not  been 
mentioned), therefore  it is impossible to give precise figures  on the plans which were valid  between 
1990 and  1994. 

The Commission  has therefore  preferred  to include in this report the information  available to it until 
the end of  1995, which is of relevance for "toxic and dangerous waste" or for  "hazardous waste". For 
a complete  picture  of the plans sent by the Member  States to the Commission,  the reader  is invited 
to refer  to the  implementation  report  of Directive  75/442/EEC. 

The  Commission  has  received  the  following  plans  from  the  three  Regions  of  Belgium:  a  Plan  on 
waste  prevention  and  management  for  the  Brussels  Region,  adopted  in  1992  (validity  period  not 
indicated);  a  waste  plan  for  the  years  1991-1995  for  the  Flemish  Region  and  a  waste  plan  for  the 
years  1991-1995  for  the  Wallonia  Region.  All  three  plans  concern  both  municipal  and  special  or 
industrial  wastes. 

Denmark  has  forwarded  a  management  plan,  adopted  in  June  1992,  for  waste  and  recycling 
(including  special  waste)  for  the  years  1993-1997. 

In March  1989 Germany  notified  to the Commission a number of Plans drafted  in accordance  with 
article  12 of  Directive  78/319/EEC.  A total  of  13 plans have  been  notified  until  1994. In  October 
1995,  several  valid  plans were  sent to the Commission,  19 of them  referring  to  hazardous waste. 

Spain  has  forwarded  to  the  Commission  a National  Plan  for  industrial  wastes  (1989-1992)  and  a 
National  Plan  for  hazardous  wastes (1995-2000). 

Between  1988 and  1991 Ireland  forwarded  "special  waste plans" issued  by  19 County  Councils or 
Corporations  and  a  "toxic  and  dangerous waste plan"  issued  by Offaly  County  Council. 

A partial waste management  plan (Part I: Programme Directeur) for  the years  1991-1995 has been 
forwarded  by  Luxembourg  to the  Commission  in  early 1991. 

In  August  1992  the  Netherlands  sent  a ten-year  waste  programme  (1993-2002)  and  in  September 
1993 a  "multi-year"  plan  for  the  disposal  of hazardous wastes  (1993-2002). 

In  1990,  the  UK  forwarded  the  disposal  plans  issued  by  70  different  competent  authorities.  In 
September  1995, the  UK authorities provided  the  Commission  with the  list  of  still-valid  plans. 

28 

France, Greece, Italy, and Portugal  have not forwarded  any plans for the management of toxic and 
dangerous  waste. 

Article  13: Temporary  derogations 

In cases of emergency or grave danger, Member States shall take all necessary steps, including, where 
appropriate,  temporary  derogations  from  this Directive, to ensure that toxic  and  dangerous  waste is 
so dealt with as not to constitute a threat to the population or the environment. The Commission shall 
be  informed  thereof. 

According  to the information  made available  at the Commission,  in none of the  Member  States this 
provision  has been  used. 

Article  14: Record  keeping 

This  Article  lays  down  a  number  of  items  of  which  the  installation,  the  establishment  or  the 
undertaking which produces, holds and/or disposes of toxic and dangerous waste must keep a record. 
This  information  is to  be made available  to the competent  authorities  upon  request. 

Operators  dealing  with  toxic  and  dangerous  waste  in the Walloon  Region  of  Belgium  must,  since 
April  1992, use a specific  register, which must be kept for at least 5 years and made available to the 
authorities  upon  request. 

In the Flemish  Region  of Belgium  records must be kept  on the operations of the plants, on  storage 
and processing  of waste. Data on origin, receipt and delivery  of all waste must  be kept  in a register 
for  at  least  five  years, after  which the  register  must  be  sent to the  competent  authorities. 

In Denmark there is neither a standard form under which records are to be kept, nor a minimum time 
period  to  keep the  documentary  evidence. 

In Germany, installations, establishments or undertakings which produce, hold and/or dispose of toxic 
and dangerous waste are required  to keep detailed records on the type, the amount, the  composition 
and  the  origin  of  waste  as well  as  on treatment  or  disposal  operations  to  which  waste  are  subject. 
Records  are  kept  in the  form  of  treatment  proofs  and  standard  accompanying  forms  filed  in  proof 
books. 

These  files  have  to  be  kept  at  least  three  years  after  the  last  entry  and  must  be  presented  to  the 
authorities on request. In the case of installations closing down, proof books must be kept for  at least 
ten  years.  For  landfills  they  must be kept  at  least until  the  end  of the aftercare  phase. 

The wording of the Directive is taken over literally by Greek legislation, but the Commission  is not 
aware  of the  details  of the  application  of this  provision. 

29 

In Spain,  the  legislation  obliges  producers of  hazardous  waste to present  a yearly  declaration  in a 
standard form and to keep a register on origin of the waste; quantity, nature and identification  code 
of the waste; waste consigned; pre-treatment processes; temporary storage; custom information in case 
of  imported waste; treatment processes and elimination  in situ. 

Moreover, those managing hazardous waste must present a yearly report in a standard form and keep 
a register containing  information on origin of the waste; quantity, nature, composition,  identification 
codes  of  the  waste;  acceptation,  receipt  and  storage;  treatment  and  elimination  operations  and 
processes,  including  information  on the destination of the waste after treatment. 

Documentary  evidence  must be kept for a minimum time of five years. 

In  France,  establishments  which  produce,  import,  export,  dispose  of,  transport  or  trade  certain 
categories  of  waste  (including  many  of  those  containing  the  substances  listed  in  the  Annex  to 
Directive  78/319/EEC)  are  obliged  to  keep  a register  and  to  submit  to  the  authorities  periodical 
declarations. Moreover, a register must be kept by storage installations of toxic and dangerous waste 
and  by storage installations of certain special final and stabilized industrial waste (déchets industriels 
spéciaux ultimes et stabilisés). 

Producers, collectors, transporters, importers and operators of storage, regroupment and pretreatment 
installations  of  certain  categories  of  waste  must  keep records  in  a standard  form,  and  make them 
available to the authorities upon request. 

There  is  no  standard  minimum  time  of  documentary  evidence  conservation.  It  falls  under  the 
competence  of Préfet  du Département to set it out case by case. 

The  Irish  legislation  provides  for the maintenance  of  a register by  permit holders  and any person 
producing, holding or disposing of toxic and dangerous waste.  This must cover the matters set out 
in Article  14(1) of the Directive. There is no time-limit on how long a register must be retained, but 
there  is  provision  for  the  handing  over  of  records  to  the  competent  local  authority  in  certain 
circumstances. The transportation of toxic and dangerous waste is subject to a system of consignment 
notes.  These must be retained for 2 years. 

In the Netherlands, records have to be kept in a standard form. Installations normally have to notify 
to designated  authorities all  receipts or deposits of hazardous waste.  Information  must be provided 
on date of deposit,  waste consignee,  identification  and quantity of the waste, nature, characteristics 
and composition  of  the waste,  location of the installation and treatment  processes  used.  There is a 
possibility of derogation from the notification  obligation, in which case the concerned installation is 
required to keep a register containing the same information. 

Documentary  evidence  must be kept for a minimum time of three years. 

In the United  Kingdom, producers, carriers and dispensers of special waste are all required to keep 
a  register  containing  copies  of  consignment  notes  which  provide  the  details  referred  to  by  the 
Directive.  In addition,  disposal  sites  must keep a record  of the  location  of  each  deposit of  special 
waste on the  site, which must also be linked to the register of  consignment notes. 

Each of these consignment notes must be kept on the register for not less than two years, in the case 
of producers and carriers. Disposers must keep copies of the notes and the site record showing the 
location of deposits, until the waste management licence is surrendered or revoked, when the register 
must be passed  on to the competent authorities. 

30 

Article  15:  Inspections 

Any installation, establishment or undertaking producing, holding or disposing of toxic and dangerous 
waste  shall  be  subject  to  inspection  and  supervision  by the competent  authorities  to  ensure that  the 
provisions adopted  in application of the Directive and the terms of any authorization are fulfilled.  To 
this  end,  representatives  of  the  competent  authorities  must  be  afforded  the  necessary  assistance  to 
carry  out any examinations,  inspections or investigations concerning  the waste, to take  samples and 
to  gather  any  information  necessary  for  the  fulfilment  of their  duties. 

Establishment  and  undertakings  dealing  with  toxic  waste  in  Flanders  must  make  information 
available  every  month.  Waste  producers  must  annually  provide  the  authorities  with  a  specific 
communication.  Inspections  may be carried  out  at  any time but there  is no minimum  frequency. 

In  Germany,  authorities  responsible  according  to regional  legislation  supervise  installations  which 
produce,  hold  or  dispose  of  toxic  and  dangerous  waste.  In  principle,  minimum  frequencies  of 
inspections  do  not  exist. 

In  France,  there  is  no  fixed  minimum  inspection  and  supervision  frequency  at  the  national  level. 
Such frequency  is set out case by case at the level of the Department, under the authority  of Préfets. 

In Ireland, there are powers of inspection for authorized persons.  However, the competent authorities 
have  no explicit  duty  to  inspect.  The  Commission took  legal  action  against  Ireland  on this point. 

There  is a minimum  frequency  of inspection  in the Netherlands, which, depending  on the size and 
the kind  of the  installation,  varies between  twice  a year  and  once every  two years. 

In  the  United  Kingdom,  in  the  case  of  persons  holding  a  waste  management  licence,  competent 
authorities  are  advised  in  statutory  guidance  to  carry  out  inspections  every  4  months  (for  in-house 
storage),  8 times per  month  (for  landfill  sites), 4 times per  month  (for  treatment  facilities). 
The  frequency  of  other  inspections  is determined  by  individual  authorities. 

No  fixed  minimum  frequency  exists  in Denmark  and  Spain. 

31 

III. 

CONCLUSIONS 

In consideration of the very limited information provided by the member States to the Commission, 
both in general and as regards specific requests addressed to them, the content of this report is rather 
restricted. 

Given  the  strong  implications  of  waste  management  measures  on  the  internal  market,  a  sound 
monitoring from the Commission on how waste Directives are implemented is an essential condition 
for  the  functioning  of  an  internal  market  based  on  a  high  level  of  environmental  protection. 
Moreover,  the  drafting  of  situation  reports,  which  the  Commission  then  circulates  to  the  other 
Member  States,  is  a  powerful  means  of  exchanging  important  information  and  of  making  the 
elaboration  of  future  measures in the waste sector more  effective. 

Based  on  the  information  made  available  to  the  Commission,  the  following  conclusions  may  be 
drawn: 

Despite  the  fact  that  this  Directive  was  based  on  Articles  100  and  235  of  the  Treaty,  and  the 
specifically  mentioned  need  to  prevent  unequal  conditions  of  competition  which  would  affect  the 
functioning  of the internal market, the analyses carried out shows a very low level  of harmonization 
of the national  legislations  on toxic  and hazardous waste.  This is partly due to the general  content 
of  some  of  the  provisions  of  the  Directive  (in  many  cases,  simply  establishing  minimum 
requirements)  and  partly  to  the  fact  that  Member  States  have,  in  many  cases,  not  followed  the 
provisions  of the Directive  aimed at harmonizing the management of toxic  and dangerous waste. 

The definition  of toxic  and dangerous waste to be used at national  level  was to be partly based on 
elements  (quantity  or  concentration  of  the  substances  or  material  listed  in  the  annex)  whose 
determination  was  left  to  the  Member  States and partly  on harmonized  elements  (the  materials or 
substances listed in the annex). This did not lead to any sort of harmonization of the definitions used 
by the different  Member States. 

As regards the main objectives  of the Directive  (waste prevention, re-use and recycling,  obligation 
to  ensure  that  human  health and the  environment  are not  endangered,  prohibition  of  uncontrolled 
discharge  and  transport),  as  well  as  specific  objectives  (separation  labelling,  record  keeping, 
inspections)  the  Commission  does  not  dispose  of  enough  information  to  provide  qualitative 
conclusions.  It  seems  that  in  some  cases the wording  of  the  Directive  has been  taken  over by the 
legislation of the Member States, although the Commission does not dispose of information on how 
such provisions  have been implemented. 

Concerning  competencies  for  waste  management,  there  is  a  clear  tendency  to  define  planning 
procedures  and  general  framework  at  the  national  level  (though  with  some  exceptions),  whereas 
regions  and  other  local  authorities  are  often  responsible  for  the  elaboration  of  the  plans. 
Authorization,  organization  and  supervision  is  generally  the  competence  of  the  regional  or  local 
authorities, although there are relevant  differences  among the Member  States due to their  different 
constitutional  structures. 

Directive 78/319/EEC contained a specific provision allowing Member States to take stricter measures 
than those  contained  in the Directive.  There was no obligation to submit these  stricter measures to 
the  Commission  for  approval,  although  under Article  21  (2)  they  had to  be  communicated  to the 
Commission.  The Commission has not received any communication in this sense. However, this does 
not mean that stricter measures than those  contained  in the  Directive have not been applied. As an 

32 

example, the different  approaches followed  by Member States in defining  toxic and dangerous waste 
and  in  implementing  other  provisions  of  the  Directive  may  certainly  have  caused  substantial 
differences  in the  application  of the Directive  in the various  Countries. 

Article  12  (3)  of  the  Directive  requires  the  Commission  to  arrange  for  regular  comparisons  of  the 
plans  in  order  to  ensure  that  implementation  of this  Directive  is  sufficiently  coordinated.  With  the 
very limited number of plans submitted by Member States until very recently, the Commission could 
not  arrange  for  any  such  comparison.  The  coordination  of the  implementation  of  this  Directive,  in 
particular  as regards the waste management  plans, has therefore  been  insufficient.  Indeed,  there has 
not been  any  co-ordinated  monitoring  of its application.  A large  number  of  plans concerning  toxic 
and  dangerous  waste  have  not  been  drafted  or  have not  been  communicated  to  the  Commission  in 
time. Their updates have often  not been communicated to the Commission as well. This situation was 
certainly  detrimental  to  an  effective  and  integrated  management  of  toxic  and  dangerous  waste  at 
Community  level. 

As a conclusion of this implementation report, the Commission considers that Directive 78/319/EEC 
clearly  shows  the  necessity  for  the  Community  to  harmonize  national  measures  for  waste 
management, not limiting itself to the production of minimum provisions. Directive 78/319/EEC was 
probably  drafted  in  too  general  terms  to  ensure  a  high  degree  of  integration  of  environmental 
protection  in the frame  of a functioning  internal market.  However,  even as regards provision of the 
Directive aimed  at harmonizing the management of toxic and hazardous waste, Member  States have 
in most  cases preferred  to follow  national  approaches. 

The  experience  related  to  this  Directive  also  shows  clearly  the  lack  of  necessary  follow-up  on  the 
Membec States'  side, in terms of  informing  the Commission of the measures taken  in application of 
the  Directive,  of  the  problems  encountered  in  doing  so,  of  providing  the  corresponding  waste 
management  plans, and  so on. 

The  Commission  hopes  that  the  situation  will  substantially  improve  as  regards  the  application  of 
Directive  91/689/EEC  which  has  repealed  Directive  78/319/EEC  as  from  27  June  1995.  In  this 
respect,  it is important  that the new Directive provides for  a higher  level  of harmonization,  starting 
with  a common  definition  of hazardous waste  (hazardous  waste  list)1. 
In  this  respect,  the  Commission  reminds  of  the  importance  of  taking  over  literally,  in  national 
legislation,  community  terminology  concerning  definitions  and  lists, since this  is the only  means of 
ensuring  a high  level  of  environmental  protection  as well  as the  correct  functioning  of the  internal 
market  and  of  competition. 

Finally,  Directive  91/689/EEC being based on Article  130 S, the Commission  is confident  that any 
deviation from  it decided by Member States in order to ensure an even higher level of environmental 
protection  than  the  one  on  which  this  Directive  is based,  will  follow  the  rules  and  the  procedures 
established  under  Article  130 T of the EC Treaty. 

COUNCIL  DECISION 94/904/EC  OF 22.12.1994, O.J. L 356  OF 31.12.1994,  P.  14. 

33 

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

I 

Introduction 

Directive  75/439/EEC on the  disposal  of  waste  oils was a first attempt  to tackle  the  problems  of 
sound management of waste oils on a Community scale. All the Member States, except for Belgium, 
had transposed  the  Community  Directive  in their  national  legislations.  In  Belgium,  some  of  the 
provisions of the Directive had been included in national legislation on environmental protection and 
in legislation  on waste disposal  adopted by the Flemish Region of the country. 

The  differences  in  transposition  and  implementation  of  the  Directive  in  the  Member  States  were 
numerous.  Moreover,  these  differences,  which resulted in divergences  in the management  of waste 
oils at European  level,  created  internal market problems. 

Thus, a need was felt for the harmonization of national laws at Community level. But the real reason 
for a new Directive was without any doubt the problem of the contamination of oils by PCBs/PCTs, 
especially  in Germany. 

It was  to  solve  these  problems  and to  adapt it  to  new  knowledge  and  technical  progress  that the 
Directive on the disposal of waste oils was amended in December  1986.  The important points and 
the innovations  of this new text are as follows: 

The  scope  is  defined  more  clearly.  There  is  a  new  definition  of  waste  oils  which  excludes 
synthetic  oils  and, consequently,  PCBs and PCTs. 
Then there is the. introduction of a limit on PCBs and PCTs contained by accident in waste oils. 
Thus, waste oils which are intended for combustion or for regeneration cannot contain more than 
50 ppm PCBs. Oils containing more are regarded as hazardous waste, must be treated as such and 
no longer fall  within this Directive. 

Clear priority is given to regeneration over combustion of waste oils. Generally speaking, it is felt 
that  the  regeneration  of  oils  is  the  most  ecological  and rational  method,  given  the  significant 
reduction  of  pollutants  discharged  into  the  atmosphere  and  the  savings  in  energy  and 
non-renewable raw materials it allows. The Directive also allows for combustion where it already 
exists on a national  scale. 

3.  Special  attention is paid to the collection  and storage of  oils.  Any company  which collects oils 

is subject to registration,  control  and a system of authorization. 

In addition, to make for more effective  collection, public awareness-raising programmes have to 
be provided  for by the Member States on storage and collection. 

34 

4.  Finally, the new Directive  establishes  limit values for the emissions of pollutants  on  combustion 

of waste  oil  in  installation  with  a thermal  capacity  of  3 MW or more. 

II 

STAGE  OF  TRANSPOSITION  -  NATIONAL  IMPLEMENTATION  MEASURES 

All  the  Member  States  have  communicated  to  the  Commission  the  laws,  regulations  and 
administrative  provisions  implemented  to  comply  with  the  Directive  as  amended  by  Directive 
87/101/EEC of  22 December  1986. 

Nevertheless,  infringement  procedures  are  currently  initiated  against  Germany,  Italy  and  Portugal 
where the  measures  taken  transpose  the Directive  only  in part. 

HI 

STAGE  OF  IMPLEMENTATION -  REPORT  /  RESULTS OF THE ANSWERS  FROM  THE  MEMBER 
STATES  TO  THE  QUESTIONNAIRE  SET  OUT  IN  COMMISSION  DECISION  94/474/EEC  AS 
REQUESTED  BY  THE  COMMISSION  DEPARTMENTS  ON  26.06.95 

The  Commission  asked  the  Member  States  for  information  on the  implementation  of  the  Directive 
87/101/EEC  for  the  years preceding  1995 and, in particular,  1990 to  1994. 

The  Member  States  which  complied  with  this  request  are:  Germany,  Spain,  France,  Italy, 
Luxembourg,  the Netherlands,  Portugal  and the United  Kingdom.  Among these, answers  Portugal's 
refers  unfortunately  only  to the transposition  of the Directive  and  does not  contain  the  information 
needed  to  evaluate  the  situation  regarding  the  implementation  of  the  Directive  in  that  country. 
Replies from  Germany  are also difficult  to process in that they refer  to a previous questionnaire and 
response  and  provide  data  only  for  1991. 

Denmark  is something  of a special case in that it sent a promise to reply, but so far  the  Commission 
has not  received  anything. 

Of  the  Member  States  which  did  react  to the  Commission's  request,  the  Commission  has  previous 
contributions  from  Belgium  and  Greece, but  unfortunately  they  contain  data  only  up  to  1989  and 
consequently  fall  outside  the  period  covered  in this survey. 

35 

Where  Ireland  is,  the  Commission  has no  information  regarding  implementation  of  the  Directive. 

Finally,  with  regard  to  the  new  Member  States,  Austria,  Finland  and  Sweden,  this  report  covers  a 
period  dating  from  before  their  integration  into the  European  Union. 

The  following  report  summarizes the answers of the  Member  States to the  various  questions  in the 
questionnaire  referred  to  above. To make for  easier reading,  the headings  show the  numbers of the 
various  points  on  the  questionnaire. The articles referred  to are those  in  Directive  87/101/EEC. 

3.  a, b, c)  More stringent  measures than those  provided for  by the Directive  taken  bv the 
Member  States  (inter alia, ban on  burning  waste  oils  - Article  16) 

Spain  has not  taken  more  stringent  measures than those provided  for  by the  Directive.  The ban on 
burning  oils  could  not  apply  in  Spain  since  it  accepted  that  it  was  not  to  be  able  to  check  such  a 
measure. 

In France the circular of 5 December  1989 authorizing the collection of waste oils and banning any 
burning  of  waste  oils or  unauthorized  collection transposes this  provision. 

Italy  has not  taken  more  stringent  measures than those  provided  for  by  the  Directive  except  in the 
case  of  certain  limits  for  the  pollutants  Cd  and  CI.  Limit  for  the  PCB:  25  ppm  and  possibility  of 
burning oils only in installations between 3 and 6 ppm. These measures have not been communicated 
to the  Commission. 

In Luxembourg the law of  17 June  1994 on the prevention and management  of waste gives priority 
to the regeneration  of  materials  in general  and, by  deduction,  of waste  oils.  The use  of  waste  as a 
source of energy  is conceivable only for the waste which is not suitable for reuse other than heating. 
These  measures have  been  communicated  to the  Commission. 

In the Netherlands more stringent measures are taken. Requirements have been established regarding 
the halogen content in PCBs as part of the definition  of waste oils. Requirements also exist regarding 
the halogen content in PCBs when they are used as a fuel  or to make fuels. These requirements apply 
to  all  fuels.  These  measures have been communicated  to the  Commission. 

The  United  Kingdom  has not  felt  the need to take more  stringent  measures. 

36 

From  the  information  communicated  it  does  not  appear  that  Portugal  has  taken  more  stringent 
measures. 

II.  La,  b, c)  Measures  needed  to ensure that waste oils are collected and eliminated without 

causing  damage  to  man  and  the  environment  as per Article  2 

All  the  Member  States which  answered  have  adopted  measures. 

In Germany  quantities are known only for  1991 when the volume  of  oils produced  was  1 228 000 
tonnes: waste oils 616 000 tonnes, collected oils 616 000 tonnes, regenerated oils 402 000 tonnes and 
oils used  as a fuel  214  000 tonnes. 

In Spain almost  all  waste oils are used as fuel,  while the quantity regenerated  has dropped over the 
last  three years  to the point  of  being negligible. 

In  France  collection  and  disposal  are organized  by  specific  approval  and  control procedures.  The 
quantity  of  oils  produced  in  1994 was  260  000 tonnes.  The  collected  quantity  has  increased  since 
1992 and  rose to  197 401  tonnes  in  1994. The  quantity  regenerated  fell  slightly,  to  79  337 tonnes 
in  1994.  The  quantity  used  as  fuel,  on  the  other  hand,  has  almost  doubled  since  1992,  reaching 
118 064 tonnes  in  1994. 

In  Italy  the  quantity  of  the  oils  placed  on  the  market  decreased  from  692  000  tonnes  in  1990 to 
616  000 tonnes in  1994. The  quantity collected of  169 568 tonnes in  1994 has hardly changed since 
1990 whereas the  quantity  regenerated  had increased to  143 529 tonnes in  1994. The quantity used 
as fuel  dropped by half to 22 656 tonnes in  1994 while a very small quantity was disposed of:  1 420 
tonnes. 

For  a collector  is approved  in Luxembourg,  he must be authorized  in accordance  with Article  6 of 
the  Grand-Ducal  Regulation  of  30 November  1989 on waste oils and in accordance  with Article  10 
of  the  law of  17 June  1994 on the prevention  and management  of waste. 
The  quantities  produced  have  slightly  increased  since  1992, reaching  4  554 tonnes  in  1994. 
This  is all  collected,  but  only  half  of  it is regenerated.  Use  as  fuel  has  dropped  considerably  since 
1992 to  1 997 tonnes  in  1994. Only  a tiny  quantity  (11 tonnes)  is disposed  of. 

In the Netherlands the quantity of oils placed on the market did not change between  1991 and  1993 
when the figure  was  179 000 tonnes, producing in turn some 90 000 tonnes of waste oils, two thirds 
of  which  is collected  .  There  is no  regeneration.  Some 47  000 tonnes  are  used  as fuel  and  31 000 
tonnes  are  disposed  of. 

37 

In  the  United  Kingdom  the  quantities  placed  on  the  market  have  fallen  slightly  since  1990  to  at 
804  000 tonnes in  1993. The quantity of waste oils also fell  slightly to 402 000 tonnes  in  1993. The 
quantity of waste oils collected has increased by about a third since  1990 to 383 000 tonnes in  1993. 
Almost  all  of  it  is burned,  the  quantity  regenerated  being  minute: 25 000 tonnes  in  1993. 

2.  a,  b) 

Constraints  of  a  technical,  economic  and  organizational  nature  within  the 
meaning  of Article 3 (1)  preventing  the Member  States  from  giving  priority to 
the  treatment  of waste  oils bv  regeneration. 

In  Germany  there  have  been  major  constraints due to the very  low price  of  new oils. 

There  have been  no constraints  in  Spain preventing  priority  for  regeneration. 

A number of economic realities in  France make combustion a more profitable  method  for  industry 
than  regeneration. 

For  Italy  such  constraints  exist. 

Luxembourg  has  constraints  due  to  the  fact  that  there  are  no  regeneration  plants.  This  is  done 
abroad. Regeneration  is made possible by law of  17 June  1994. 

In the Netherlands there have been constraints. In the  1980s the government's policy to regenerate 
waste oils in a central treatment plant (CBE). This never happened because of economic constraints. 
The present  aim  is to construct  a CBE together with oil producers  for  waste oils to produce higher 
fuels  (diesel, gas oil  for the navy).  A company was authorized to this end but has not yet made use 
of this authorization  owing to an appeal procedure  which  is still  before  the  Council  of  State. 
Collectors have recently  made  a proposal for  regeneration.  An analysis took place and the outcome 
was negative. The difference  between the investment needed  for  an installation  designed to produce 
basic oil and one for  fuel  production is enormous. The risk that this difference  could not be made up 
within  a  reasonable  time  on  the  basis  of  the  financial  surplus  of  the  product  after  regeneration  is 
considered  too  great.  Thus, it  is considered  less desirable,  for  the  disposal  of  waste  oils, to  entrust 
the organization  of the treatment  of waste oils to an association  of collectors. At present waste oils 
are centrifuged.  The centrifuged  product is sold as a fuel  or as a mixture product for  fuel  production. 
Incineration of untreated waste oils is practically non-existent. Waste oils are also found  in filter rags, 
etc. This waste is treated  as hazardous waste and not as waste oils and is thus often  eliminated  in an 
incinerator. 

38 

In  the  United  Kingdom  the  recycling  of  oils  ceased  in  1986,  the  reasons  being  economic  and 
technical:  growing  competition  between  oil  companies  brought  the  price  of  virgin  oil  down  as 
compared with recycled  oil. On top of which the processes used for recycling created residues which 
were difficult  and  expensive  to eliminate. 

2.  c,  d) 

Constraints  of  a  technical,  economic  and  organizational  nature  within  the 
meaning  of Article 3 (2)  affecting  the feasibility  of combustion  operations 

In France,  failing  regeneration,  oils can be eliminated  by burning  only  in facilities  approved  under 
environmental  protection  and  containing  a heat recovery  mechanism. 

For  Italy  these  constraints  exist. 

Nor  does Luxembourg  have  an oil combustion  plant. 

The  United  Kingdom  has  so far  had  no constraints on the  combustion  of  waste oils. 

2.e 

If mowing to the above-mentioned constraints  regeneration or combustion of waste oils has 
not  been  possible,  have  measures  been  taken  for  oils  to  be  destroyed,  stored  or  dumped 
under control  and  without  danger (Article 3(3)) 

France  and the  Netherlands  did  not answer this question. 

In Italy these measures have not been taken because eliminated oils complied with the emission limits 
laid down  for  regeneration  and  combustion. 

In  the  United  Kingdom  regulations  in  1994 authorizing  waste  management  granted  an  exemption 
from  the requirements permitting the storage of oils in containers not exceeding three cubic metres. 
This encourages  collection  among  household  consumers  for  recycling. 
Therefore,  a  new  method  was  introduced  at  the  end  of  1994. It  produces  pure  oil  at  an  attractive 
price. This  is also  addressed  to the household  consumer. 

39 

3.a  , b)  Promotion  and  public  information  campaigns  designed  to  ensure  acceptable  storage 

and  maximum  collection  of waste  oils (Article  5(1)) 

In Germany seminars and conferences are regularly organized for companies and the public with the 
participation of government and local authorities. Provision is made for the distribution of pamphlets. 

In Spain information  campaigns addressed to the public have been carried out through the media by 
the  environmental  authorities  of  the  autonomous  regions  (Valencia,  Catalonia,  Andalusia,  Basque 
Country,  Galicia  and  Madrid). 

In France an information  campaign was run in 1986. It consisted of television spots broadcast during 
the  football  world  cup  and  a  poster  campaign.  A  "green"  number  was  also  made  available  to  the 
public. This number  has been kept.  Moreover, a Minitel  service managed  by the ADEME  gives the 
public the addresses of collectors and of collection points. Various information  campaigns targeting 
particular  groups  have  also run  at  local  level. 

In Italy has also run campaigns. The law 92/95 assigns consortia the task of public awareness-raising 
(Article  10 a) by way of communications  on the disposal of oils. These communications were made 
through  dailies,  periodicals  and  advertising  spots.  Since  1990  a  "green"  telephone  number  gives 
information  free  of  charge to  anyone  wondering  what to  do with  waste  oils. 

In  Luxembourg  various  operations  have  been  set  in  motion  as  part  of  the  Superdreckskascht 
campaign  initiated  by the Ministry  of the Environment: publicity  spots and campaigns on the radio, 
in newspapers  and  the  cinema  along with participation  in trade  fairs. 

The  same kind  of crusade has taken place in the Netherlands, in particular,  information  campaigns 
for  "klein  chemisch  afval"  (KCA:  small  chemical  waste)  with  media  participation.  Waste  oils had 
been  included  in  the  KCA.  These  information  campaigns  were  carried  out  by  the  government,  the 
national  administration  and  the  municipalities.  The  participating  media  were  television,  radio, 
newspapers and magazines. Posters and advertising in buses (in town) were also used. A booklet on 
the management  of waste  oils has been  published. 

The  report  gives the  impression  that waste oils are eliminated  legally,  partly thanks to  information. 

In the United  Kingdom  the National  Rivers Authority  (NRA) launched  the  Oil Care Campaign  in 
January  1995  with  the  cooperation  and  financial  support  of  the  oil  industry.  The  most  important 
aspects are: a code of oil care addressed itself to the commercial  and household  sectors which warns 
of  the  dangers  of  incorrect  elimination,  and  support  of  the  industry  in  connection  with  consumers 
geared  to the  disposal  of oils. 

40 

4.  Number  of the  companies collecting waste oils, alone or with  other waste,  and  number of 

authorities  (Article  5(4» 

In Germany  there  is a dense network  of 200 disposal  companies collect of  waste oils. 

In  Spain,  in  addition  to  the  authority  at  national  level,  each  autonomous  Community  has  an 
environmental authority. The authorization system is regulated by an administrative resolution. In all, 
68 authorizations have been granted to companies which collect oils. 

In France the collection  companies are approved by the prefect  of the department  and thus receive 
authorization to collect in a given area. Each department has from  1  to 5 collectors and there are 233 
in all. They are approved for the collection of waste oils, pursuant to the procedure provided for in 
the decree  79-981  of 21 November  1979. 

In  Italy  the  supervisory  authority  is  regional  and  composed  of  20  authorities.  There  is  an 
authorization system and the total number of companies having obtained authorization  is 74. These 
are companies which also collect  other waste and work under contract to the consortia. 

In Luxembourg there are currently 17 companies collect waste oils, including 7 approved exclusively 
for oils. 

In the Netherlands there is one authority at national level and twelve at provincial level. At national 
level there are three companies permitted solely to treat waste oils and three to treat oils combined 
with other waste. At provincial  level, three companies are authorized to treat oils with other waste. 
Authorization  systems  have  been  established  at  both  levels.  Authorization  from  the  Minister  is 
required to collect waste oils. Persons who have the authorization are controlled by the government. 
Half of  them also have  a licence  for the collection  of oil/water/sludge  mixtures produced when oil 
generators are emptied in garages. These authorizations are issued and controlled by the provinces. 

In the  United  Kingdom  there  is  no one  body  which  could  collate  these  data.  It  is  the  individual 
regulatory  authorities on waste which have them. 

5.  a, b, c)  Decisions  to  allocate  waste  oils  to  the  various  types  set  out  in  Article  3  and  to 

institute  appropriate  checks (Article  5(3» 

In Germany  waste  oils are currently re-refined  to make basic and processed oils to produce fuels. 
New techniques  like hydration have been developed but are not yet put to  sufficient  use. 

41 

In  Spain  this  type  of  decision  does  not  exist,  but  aid  and  subsidies  to  collect  oils  intended  for 
regeneration and, to a  lesser degree, combustion can be granted by way of various ministerial orders. 
Despite open market competition, it is the demand of the sector which determines ultimate processing 
or the final destination of oils. In each case, authorities have control mechanisms regarding the origin 
and  destination  of  oils. 

In  France  the  types  of  processing  are  as  in  Article  3  of  the  Directive,  that  is,  regeneration, 
combustion  and  storage.  Checks  are  provided  for  in  the  regulations  and 
these  are  made  by  the 
inspector  of  classified  facilities  in  the  area  concerned.  Where  this  inspector  reports  on  failure  to 
comply with the regulations provided for in the specifications  of the holder of approval, the Minister 
for  the Environment  can withdraw this approval  by ministerial  decree through a procedure  provided 
for  in decree No  79-981,  Article  9. 

In Italy  this type of  decision  has not yet  emerged.  Oils are regenerated  or  burned, but  checks have 
been  instituted  for  regeneration  and  combustion. 

In Luxembourg  , the amended  Grand-Ducal Regulation of 23 December  1987 relating to the oil- or 
gas-fired  combustion  plants prohibits any waste oil combustion  in facilities  of a capacity  lower than 
3  MW.  For  the  facilities  higher  than  3  MW,  a  prior  authorization  should  be  requested  from  the 
Ministry  of the  Environment. 

In the Netherlands  waste oils are used as a fuel  after  being processed  (centrifugation).  Five people 
are authorized  to centrifuge  waste oils. Authorizations are granted  after  fulfilment  of the  conditions 
concerning  health  and  environmental  protection.  Checks  are  made  by  the  province  in  which  the 
installation  is  located. 

The  United  Kingdom  sees no advantage whatsoever  in this  provision. 

6. a, b)  Number  of  companies  permitted  to  regenerate,  use  as  fuel  or  eliminate  waste  oils 
alone or with other waste, number of authorities and measures taken to guarantee that 
all the  protection  measures  have been  taken  (Article  6 (1) and  (2)) 

In Germany  the  200  disposal  companies are subject  to a system  of  authorization  and  sanctions. 

With regard to the processing of oils alone, two permits have been issued in Spain  for  regeneration, 
15  for  combustion  and  51  for  disposal.  These  permits  are  only  awarded  where  companies  keep 
records of oils, check the emissions and effluents  and submit themselves to checks by the authorities. 

42 

In France,  54 permits  have been  granted to companies, of which  27 for the regeneration  and 27 for 
the burning of oils. They are distributed throughout the national territory. The approval  procedure is 
on two levels: regional and national. Approval is granted by ministerial decree of the Minister for the 
Environment.  Checks  conformity  of the facilities  are carried  out  at  regional  level. 

In Italy six permits have been granted  for regeneration  and two for final elimination.  A supervisory 
authority  exists  at  national  level: the Ministry  of the  Environment. 

In  Luxembourg  there  are no  undertakings  which dispose  of waste oils. 

Permits granted  in the Netherlands are only for companies which also dispose of other waste. There 
are  12 provincial  authorities and five permits have been  granted  to  disposal  companies. 

In  the  United  Kingdom  permits  have  been  issued  by  a  double  national  authority,  Her  Majesty's 
Pollution Inspectorate and the Industrial Pollution Inspectorate: 15 to companies which regenerate and 
15 to  companies  which  burn waste oils. 
On  the  other  hand,  2  240  permits  have  been  granted  by  the  456  local  authorities,  the  District 
Councils, to  companies  which  burn  oils. No permits  have been  issued  to  companies  which  process 
oils with  other  waste. 

7.  Measures  taken  under Article  7 concerning  regenerated  oils 

Spain  has  taken  measures  in  accordance  with  Article  7  but  has  not  communicated  them  to  the 
Commission  or  given  a reason for  not doing so. 

In France Article 7 of the Directive is transposed by circular No  11-86 of  11 March  1986 concerning 
control  of the waste  oil  recovery  sector. 

Italy has taken measures but has not communicated them yet to the Commission  since the respective 
departments  are  still  examining  the  technical  standards  laid  down  in  national  legislation  which 
implement  the provisions  of Article  7 of the Directive. 

In  Luxembourg  the  provisions  of  Article  7  are  laid  down  in  the  Grand-Ducal  Regulation  of 
30 November  1989 relating to waste oils, in particular Article 8. Waste oil regeneration  installations 
are  also  subject  to  the  provisions  of  the  law  of  17  June  1994  concerning  the  prevention  and 
management  of waste under which operating permits are required.  Specific  operating conditions are 
laid  down  in these permits. 

43 

There are no waste oil regeneration plants in Luxembourg. These measures have been  communicated 
to  the  Commission. 

In the  Netherlands  the provisions.of  Article 7 have not been transposed  because  waste  oils are not 
regenerated  (assuming  that  basic  oils also means basic  lubricants). 

In the  United  Kingdom  the  measures taken under Article  7 are as  follows: 

Article  7 (a): Parts  I and  II  of the Environmental  Protection  Act  (EPA  1990) 

1991 Regulations on  Environmental protection (Procedures and substances) SI No. 472 amended 
by  the  1994 Regulations  on permits for  waste management  (Regulation  14). 

7.a 

Limit  values  for  pollutants  listed in the annex  to the Directive  (Article  8 (l>(a)> 

In Spain and in France facilities  with a thermal combustion capacity  of more than  3 MW meet the 
emission  limits  stipulated  by the Directive. 

In Italy limits for  some pollutants  are more stringent: Cd 0.2  mg/Nm3,  CI 30 mg/Nm3,  Cr, Cu, V, 
Pb  < 5 mg/Nm3. 

In Luxembourg  the  Grand-Ducal  Regulation  lays down the  same  limit values  as the  Directive  and 
stipulates that the  PCB content  in waste oils intended to be burned  cannot  exceed  the  50 ppm. 
National thresholds recommended  for air pollutants which are stricter for the substances listed in the 
annex  to  the  Directive  and  for  other  parameters  and  substances,  however,  have  been  implemented 
since  1994 within  the  framework  of the respective  authorization  procedures. 

In the Netherlands waste oils having undergone processing (in accordance with certain  specifications) 
are not regarded as waste oils. Their use as fuel  is subject  in this case to the same national  conditions 
as normal  fuels.  Where waste  oil  is burned  in a garage, this generally  involves  facilities  >  3 MW. 

In the  United  Kingdom  facilities  with  a thermal  combustion  capacity  of  more  than  3 MW meet 
the  same  limit  values  as those  laid down by the Directive. 

44 

7.b  Limit values for pollutants listed in the annex to the Directive in the event of combustion 
in  facilities  with  a  thermal  input  of  less  than  3  MW  and  precise  details  of  applicable 
controls  (Article 8m(hV> 

In Spain facilities  with a thermal  combustion capacity of less than  3 MW are not permitted  for the 
combustion  of oils. 

In  France  facilities  with  a  thermal  combustion  capacity  of  less  than  3  MW  are  not  involved  in 
disposal  of waste oils. 

In Italy  the combustion  of oils is not permitted  in facilities  with a thermal  combustion  capacity  of 
less than  3 MW. 

n  the  Netherlands  requirements  focus  on  gas  emissions  which  are  laid  down  in  environmental 
authorizations. 

In the United  Kingdom  the only  limit values which exist for  this type of installation  are  5 mg/m3 
for  Pb and  100 mg/m3  for  dust  although the  lower capacity  can be 0.4  MW. 

7.c  Number of supervisory authorities relating to the combustion of waste oils (Article  8 (3)) 

In Spain  facilities  permitted  for  the  combustion of oils all  have  a thermal  combustion  capacity  of 
more  than  3  MW.  There  are  six  of  them  and  there  are  17  authorities  in  the  autonomous 
Communities. 

France  did  not  reply  to this question. 

In Italy there  are  no  authorized  installations lower than  3 MW. 

In the Netherlands the supervisory  authority  is at municipal  level. There  are some 600  authorities 
for  facilities  with  3 MW or less. 

The United  Kingdom has 456 local supervisory authorities and one national authority  for  facilities 
>  3 MW and  456  local  authorities  for  facilities  < 3 MW. 

45 

8.  Minimum quantities of waste oils specified bv the Member States which oblige companies 
producing,  collecting  and  disposing  of them  to  keep  a  record  and  to  notify  the  data  to 
the  authorities  (Article  11) 

In Spain  this  quantity  is 500  litres both  for  production,  collection  and  disposal. 

In  France  an  obligation  exists  for  any collector  to  assemble  batches higher  than  200  litres. There 
is no minimum  as regards disposal; indeed, the disposal of any consignment of waste oil, whatever 
the volume, is prohibited out without approval. Likewise, there is no lower limit for production: any 
holder  of waste oils must either to pass on the oil to an approved  collector  or dispose of it himself 
if he  is authorized  to do so. 

In  Italy  and  in  Luxembourg  the law does not require  quantities to  be  specified. 

In the Netherlands there is no minimum quantity at national  level. Collectors are required to keep 
a  record,  to  keep  it  for  10  years  and  to  submit  it  to  the  control  of  the  competent  authority  on 
request.  For  each  authorized  product  this  must  contain:  the  date  of  authorization  and  arrival,  the 
holder,  the nature  of the  goods - waste codes, the quantity  by weight,  the kind  of  authorization  of 
goods, reference  of the  analysis report,  and the  sum paid. 

In  the  United  Kingdom  this  information  is  not  centralized,  but  efforts  are  being  made  in  this 
direction  with  a view to  gathering  this information  for  the first report  on the  Directive. 

9.  a,  b) 

Indemnities  granted  to  undertakings  which  collect  waste  oils,  average  amounts, 

basis  for  calculation  and  financing  method  (Article  14) 

In  Spain  collection  subsidies  for  an  average  amount  of  500  million  pesetas  established  by  two 
methods  of  calculation,  one  for  oils  intended  for  regeneration  and  one  for  those  intended  for 
combustion,  were  granted  by ministerial  order  for  the years  1989, 90, 91, 92  and  94. 

In  France the  decree  of  31 August  1989 introduced  a parafiscal  tax  on basic  oil, managed  by the 
national  agency  for  the  disposal  and  recovery  of waste, and  levied  by the  customs  administration. 
Collection  undertakings  receive  compensation  per tonne  collected. 

In  Italy  indemnities  are  granted  to collection  companies. 

46 

In  Luxembourg  and  the  United  Kingdom  allowances  are  not  granted  to  the  companies  which 
collect  waste  oils. 

In  the  Netherlands  a  maximum  tariff  is fixed monthly,  this  being  established  on  the  basis  of  the 
costs  and  income  after  treatment.  The  real  tariff  is  +/  -  10-15  cents  per  litre,  for  collection  and 
treatment.  Separation  of  tariffs  between  these  two  items  is  made  impossible  by  the  fact  that 
collectors  also perform  the treatment.  (This also answers point  lO.a, b). 

10. a,  b) 

Indemnities  granted  to  undertakings  which  dispose  of  waste  oils,  average 

amounts,  basis  for  calculation  and financing method  (Article  14) 

In Germany  no  compensation  is granted  to companies  which  dispose  of  waste oils. 

Since  1989, Spain  has given  subsidies to the companies which  dispose  of waste  oils. The  average 
is Ptas 6 per kilo. This amount is designed to cover management,  collection, transport  and  disposal 
costs. 

In  France the  parafiscal  tax  is also  allocated  to  aid  for  disposal  companies  as regards  investment 
projects. 

In  Italy  allowances  are  granted  to disposal  companies. 

In  Luxembourg  no  compensation  is granted  to companies which  dispose  of  waste oils. 

In the  United  Kingdom  no remuneration  is planned  for  companies  which  dispose  of  oils. 

11.  Measures  taken  bv the Member States to give priority  to the treatment  of waste oils bv 

regeneration  (this heading  did not  form  part  of the  questionnaire) 

In Germany no priority  is given to regeneration, but the Regulation  on waste oils prohibits  mixing 
with  other  oils  such  oils  as can be  re-refined. 

47 

Spain  has not  provided  for  this type  of measure, but  it has  indirectly,  by  certain  ministerial 
orders,  favoured  regeneration  by  way  of aid  for  the  collection  for  the oils intended  for 
regeneration. 

In France  the  decree  of  21 November  1979 states in Article  2 that waste  oils  should  preferably 
be disposed  of  by  regeneration  or recycling  in approved  facilities. 

Italy, the  United  Kingdom  and the Netherlands have not taken  any  measures  to give priority  to 
regeneration. 

In Luxembourg  the  law of  17 June  1994 concerning the prevention  and  management  of  waste 
generally  gives priority  to  regeneration. 

IV. 

CONCLUSIONS 

As described  in the  "General" section, most of the report can cover only communications  from  six 
Member States: Spain, Italy, the United Kingdom, France, Luxembourg and the Netherlands, which 
have  given  sufficient  data  for  the period  1990-1994. 

All these countries have taken the requisite measures to ensure that waste oils are collected and are 
disposed  of  without  causing  harm  to man or the  environment. 

Nevertheless,  only  France  and  Luxembourg  have  given,  via  laws,  clear  priority  to  regeneration, 
while  Spain  has  encouraged  it by  certain  acts. In practice, it  can  be seen  that  over  this period  the 
quantity  regenerated  has  increased  only  in Italy. 

In Germany, in  1991 (last set of data), two thirds of the quantity collected were regenerated  and the 
remaining  third  processed  into  fuel.  Half the quantity  of oils from Luxembourg  was  regenerated. 

Over  this  period  in  France,  the  quantities  regenerated  decreased  appreciably  while  the  quantities 
processed  into  fuel  doubled.  In  Spain the entire quantity  was processed  into  fuel. 

48 

In the United Kingdom, everything has been burned since  1986. Finally, in the Netherlands half of 
the waste oils collected is processed into fuel and the other half disposed of.  To explain this rather 
disappointing  situation,  Italy,  the  United  Kingdom,  France,  Luxembourg,  the  Netherlands  and 
Germany use the argument of economic constraints in the case of regeneration. 

Looking at the other provisions of the Directive, it emerges that dynamic measures exist only up to 
the stage of collection of the oils. No Member State has shown a firm will  for there to be  effective 
priority for regeneration. 

All the countries mentioned above have developed and implemented public information campaigns 
with the aim of ensuring  suitable storage and maximum collection of waste oils. 

On the other hand, only  Italy and Luxembourg have imposed more emission stringent limit values 
than those in the Directive, and only Italy, Spain and France have imposed minimum quantities for 
the recording  of oils  by the companies which collect, process or dispose  of them. 

As regards indemnities, finally,  only the United Kingdom has not granted any for collection, being 
joined by Luxembourg  and Germany  in not granting any for disposal. 

In conclusion  it can be said that: 

1)  the Directive  has only been very partially  implemented, and 

2)  Member States have refrained from giving effective  priority to regeneration over the burning of 

waste oils. 

49 

DIRECTIVE  86/278/EEC 
ON  THE  PROTECTION  OF  THE  ENVIRONMENT. 
AND  IN  PARTICULAR  OF  THE  SOIL. 
WHEN  SEWAGE  SLUDGE  IS  USED  IN  AGRICULTURE 

I. 

INTRODUCTION 

Article  17 of Directive 86/278/EEC adopted by the Council on  12 June  1986 on the protection of 
the environment, and in particular of the soil, when sewage sludge is used in agriculture stipulates 
that Member States draw up every four years, and for the first time five years after  notification of 
the Directive, a consolidated report on the use of sludge in agriculture. 

The  Directive  having been  notified  on  17 June  1986, Member  States had  to  draw  up their first 
report, covering the years  1987-1990, by  17 June 1991. 

Six Member States, namely, Belgium, Denmark, Germany, Spain, France and the United Kingdom, 
submitted  their reports in  1991/1992. The Commission  did not consider  it worthwhile publishing 
such incomplete and highly disparate information  with no uniform  format. 

A second report pursuant to Article 17 of the Directive 86/278/EEC, covering the years 1991-1994, 
should have been submitted by 17 June 1995. Despite reminders sent on 18 May and 25 July 1995, 
only Belgium, Spain, France, Portugal and the United Kingdom submitted reports. 

As  set  out  in the  general  introduction, this consolidated  report  covers the period  1991-1994 and 
therefore  applies only to the 5 aforementioned  Member States. 

50 

II. 

TRANSPOSITION  OF  THE  DIRECTIVE  IN  NATIONAL  LAW 

Some  Member  States  have  still  not  adopted  all  the  national  measures  needed  to  transpose  this 
Directive.  Belgium, was  found  guilty  by  the  Court  of  Justice  (judgement  of  3  May  1994,  case 
C-260/93)  of non-transposition of the Directive. This was rectified in January  1992 for the Flemish 
Region,  in January  1995  for the Walloon Region, and in August  1995  for the Region of Brussels. 

At  the  end  of  the  period  covered  by  this  report,  the  Commission  has  not  yet  received  an 
implementing  decree  to  complete  Portuguese  transposition,  while  measures  to  incorporate  the 
Directive  into French law,  in particular Articles 2 (a), 6(a and b), 9,  10(1) and  16, are the subject 
of  correspondence  between the Commission  and France. 

For Ireland, the situation  is as follows: while Annex  IA to the  Directive  refers  to soils with a pH 
of 6 to 7, the equivalent Irish table (part I of the schedule to SI  183 of  1991) refers soils with a pH 
of  5 to  7. Following  a request from the Commission for  information concerning  this difference  in 
Irish  legislation,  the  Irish authorities provided assurance that this would  not  cause  environmental 
risks. 

III. 

IMPLEMENTATION OF THE DIRECTIVE: REPORT/RESULTS OF THE ANSWERS BY THE 

MEMBERS  STATES  TO  THE  QUESTIONNAIRE  RESULTING  FROM  COMMISSION 
DECISION 94/474/EEC . 

Following  the  adoption  of  Directive  91/692/EEC1  standardizing  and  rationalizing  reports on the 
implementation of certain Directives relating to the environment, the Commission adopted a standard 
questionnaire  for the drawing-up of reports on the implementation  of Directive  86/278/EEC. 
This questionnaire  has to be formally  used for the first time for the period  1995-97. 
The Commission has asked the Member States, however, to use it as far as possible for the 1991-94 
report . 

For  this  period,  Belgium,  Spain,  France,  Portugal  and  the  United  Kingdom  have  submitted 
reports. 

The  Belgian  report  does  not  cover  the  Region  of  Brussels  which  does  not  yet  have  a  sewage 
treatment plant. The report from the Walloon Region does not formally  follow  the  questionnaire, 
since transposition  of the Directive  was late. 

OJ L377, 31.12.91, P. 48 

51 

The  French  report  does  not  answer  certain  questions,  while  the Portuguese  report  consists  simply 
of  the  presentation  of  a  "Portaria"  draft. 

Of the Member  States which did  have not reacted  to the  Commission's  request,  The  Commission 
has  a  number  of  previous  contributions  for  Denmark  and  Germany.  Unfortunately,  these  contain 
data  only  up to  1989 and  thus do  not  come within  the  period  involved  in this  survey. 

The  following  report  presents  a  summary  of  the  answers  from  the  Member  States  to  the  various 
questions  in  the  abovementioned  questionnaire.  To  make  for  easier  reading,  headings  have  the 
same  numbers  as the  various points  on the  questionnaire. 

III.  1 

Specific  conditions where sludge from  septic tanks and other similar installations are 

used  (Article  3  (2)) 

In Belgium,  a Royal Decree  of October  1977 on the use of  fertilizers  and soil  improvers  (which is 
what  sludge  is)  stipulates that  they  have to be  free  of  any  harmful  or toxic  substances,  of  insects 
and toxic nematodes, of microbiological agents or any other phytopathological  germs likely to  harm 
flora  and  human  and  animal  health. 

In  Spain,  the  conditions  for  use are the  same as for  sludge  from  sewage  treatment  plants. 

In  France,  spreading  has to  be  done  by  suitable  mechanisms  and  the  sludge  ploughed  in  deeply 
the  following  day. 

Portugal  has not  given  any  information 

In the United  Kingdom, the same rules as for  sewage treatment  plant  sludge  apply to  septic  tank 
sludge; once  spread treated  and non-injected  sludge has to be ploughed  in as soon as is reasonably 
possible. 

III.2  (A) 

Limit  values  for  concentrations  of  heavy  ' metals  in  soil  and  sludge,  and 
maximum  quantities  applicable 

The tables  below  show the  data provided  for  by Annexes  IA,  B and  C to  the  Directive. 

52 

N°1 

LIMIT VALUES  IN SOIL  (Mg/Kg)  (Annex  IA to the  Directive) 

Parameter 

Biretflv* 
86/278/EEC 

Beîgti*»* 

^fenders 

Santfy $&4 

<% 

agist» 

• 

;  Wâlfcnt* 

pa 

pM 

France 

Cadirtiura 

I Copper 

Nkkeî 

:  Liàâ\ 

£mt\ 

-

\ Mertary 

: Otâtà&iitin 

1-3 

50-140 

30-75 

50-300 

150-300 

1-1 .5 

-

1 

50 

30 

50 

150 

1 

100 

3 

140 

75 

300 

300 

1.5 

1 

50 

50 

100 

200 

1 

1 

50 

30 

50 

150 

1 

3 

210 

112 

300 

450 

1.5 

150 

100 

100 

150 

2 

100 

50 

100 

300 

1 

150 

' 

Portugal 

v 

j>H 

pH 

i 

jJH 

3 

100 

75 

300 

300 

4 

200 

110 

450 

450 

1.5 

2.0 

200 

300 

3 

80 

50 

300 

200 

1 

400 

Ï>H 

1 

50 

30 

50 

150 

1 

50 

uwrea  ivingaoni 

WO 

3 

100 

60 

300 

250 

1 

>7 

3 

200 

100 

300 

450 

1 

3 

135 

75 

300 

300 

1 

400 

400 

400 

53 

N°  2. 

LIMIT  VALUES  IN  SLUDGE  (MG/KG)  (  ANNEX  I  B) 

BetglBta 

Spain 

France 

ladder* 

Waltonia 

pH<? 

p » >7 

Reference 

Ltd) 

Portugal 

United  Kingdom 

Parameter 

Cadttîura 

Capper 

Nickef 

Lead 

J&tae-
1 Mtoky 

Chromittft 

Directive 
$#278/E£C 

20-40 

1  000-1  750 

300-400 

750-1  200 

12 

750 

100 

600 

10 

600 

100 

500 

20 

1  000 

300 

750 

2  500-4  000 

2  500 

2  000 

2  500 

16-25 

-

10 

500 

10 

500 

16 

40 

1  250 

400 

1  200 

4  000 

25 

20 

1  000 

200 

800 

3000 

10 

1000 

40 

2  000 

400 

1  600 

6  000 

20 

2000 

20 

1  000 

300 

750 

2  500 

16 

1000 

-

-

-

1  000 

-

-

-

1  000 

1  500 

54 

N° 3. 

LIMIT VALUES FOR AMOUNTS OF HEAVY METALS WHICH MAY BE ADDED ANNUALLY TO AGRICULTURAL LAND (KG/HA 
/ YEAR)(  ANNEX  I C) 

! Bîredîvc 

Belgium 

: Spain 

France 

Portugal 

/  FlfliMtei$ 

Waîloaï» 

United 
Kingdom 

Grassland  ;; 
0.012 

0.75 

0.1 

0.6 

2.5 

0.01 

0.5 

<2roi« 

,  ! 

0.024 

1.5 

0.2 

1.2 

5 

0.02 

1 

0.15 

12 

3 

15 

30 

0.1 

-

_ 

_ 

_ 

_ 

_ 

_ 

-

0.15 

0.06 

0.15 

12 

3 

15 

30 

0.1 

3 

3 

0.6 

2.4 

9 

0.03 

3 

12 

3 

15 

30 

0.1 

4.5 

0.15 

7.5 

3 

15 

15 

0.1 

: 

Of 
c« 
!.!«; 
£b 

^% 
Or 

55 

III.  2.  (b)  Maximum  quantities  of  sludge  applicable  to  soil 

in  tonnes  of  dry 

matter/ha/year  (Article  5(2)(a)) 

In Flemish  Region  1 tonne  of  dry  matter/ha/year  is permitted  on grassland  and  2 on crops. 
These  amounts  can  be  applied  only  once  every  3 years. 

The United Kingdom has opted for the approach described in Article 5(2) (b) (fixing  of limit 
values  of  metals  introduced  by  ha/year)  and  has  not  therefore  set  a  maximum  quantity  of 
authorized  sludge  per  ha/year. 

The  other  reports  (Walloon  Region,  E, F, P) did not  answer  this  question. 

III. 2.(c) 

Less stringent  limit values for concentrations  of heavy  metals  permitted 
on  land  for  growing  crops  intended  exclusively  for  animal  consumption 
(annex  IA,  note  1) 

Less  stringent  values  are  not  permitted  in the Flemish  Region  or  Spain. 

The  reports  from  the  Walloon  Region,  France  and  Portugal  give  no  information  on  this 
subject. 

In  the  United  Kingdom,  less  stringent  values  are  permitted  on  11  sites  next  to  sewage 
treatment plants and otherwise used as sewage fields, covering a total of 2 540 ha. The  values 
permitted,  however,  are not  shown  in the  report. 

III.2.  (d) 

Less stringent limit values for concentrations of heavy metals  permitted 

in  soil with  a pH  higher than  7 (annex  IA,  note  2) 

In  the  Flemish  Region  values  of  75,  45  and  225  Mg/Kg  are  permitted  respectively  for 
copper,  nickel  and  zinc  in the  soil  with  a pH consistently  higher  than  7. 

The  Walloon  and  French  reports  did  not  answer  the  question. 

56 

The  limit  values  permitted  in  Spain  and  the  United  Kingdom  and  those  proposed  in 
Portugal  appear  in  Table  No  1 above. 

III.  2.  (e) 

Less  stringent  limit  values  for  the  annual  quantities  of  heavy  metals 
introduced  into  soils  intended  for  fodder  crops  (annex  IC.  note  1) 

Neither  the  Flemish  Region  nor  Spain  permit  less stringent  values. 

In the United  Kingdom, the sites already referred  to  in point  II 2 (c) can  take advantage  of 
this derogation,  but  the values  permitted  are not  given. 

The  Walloon,  French  and  Portuguese  reports do not tackle the  question. 

III.3.  (a) 

Description  of  the  techniques  used  for  sludge treatment  (Article  6) 

In  Flanders,  the  technologies  permitted  consist  of  long  biological,  chemical  or  thermal 
treatment.  Stabilization  is carried  out  by  cold  treatment  for  65% of  sludge,  hot  for  5% and 
aerobic  for  the  other  30%. 

In  Wallonia,  sludge  is only  "conditioned", without  further  explanation. 

In  Spain,  sludge  is filtered, treated  physically  or  chemically,  and  then  dewatered. 

In  France,  chemical  stabilization  is  practised  by  anaerobic  or  aerobic  fermentation,  or 
chemically.  The  sludge  is then thickened  by  dewatering. 

The Portuguese  report  does not  speak  about  treatment. 

In  the  United  Kingdom,  sludge  is  pasteurized  before  being  digesting  by  anaerobic, 
mesophilic  or  thermophilic  means.  It  is  then  composted  or  stabilized  with  lime  before 
dewatering. 

57 

III.3(b  and  c)  Frequencies  of  sludge  analysis  (annex.II  A  §1) 

The  Walloon  and  French  reports  do  not  speak  about  analysis  frequency. 

In  Flanders,  Spain  and  the  United  Kingdom,  frequencies  are  identical  to  those  in  the 
Directive. 

In Portugal, under the "Portaria" the frequency  of analysis is similar to in the Directive (twice 
a  year), but  it  can  be  reduced  to  once  if the results  obtained  over  two  consecutive  years do 
not differ  significantly.,  In addition,  analyses have to be made  when the  quality  of the  waste 
water  treated  varies  significantly  or  if  there  are  changes  in  treatment.  Finally,  it  is  not 
obligatory  to  analyse  Cu,  Zn,  or  Cr  if  these  elements  are  never  present,  or  only  in  small 
quantities,  in the  waste  water  being  treated. 

III.3 (d  and  c) 

Specific  measures  for  the  injection  and  working-in  of  untreated 
sludge  (Article  6 (a)) 

In the  Flemish  Region  and  Spain,  only  treated  sludge  can  be  used. 

In  Walloon  Region,  it has to  be  "conditioned". 

No  specific  measures  have  been  taken  in the United  Kingdom  . 

The  French  and  Portuguese  reports  do  not  cover  the  question. 

III.4. 

Periods  of  prohibition  of  spreading  before  grazing  or  harvesting 
(Article  7) 

In the  Flemish  Region,  a six-week  period  is laid  down,  without  reference  to type  of crop. 

58 

In Spain,  the  periods  of  prohibition  are  similar  to  those  in the  Directive. 

The  Walloon  Region,  France  and  Portugal  give  no  information  on  this  subject. 

The report from  the United  Kingdom  simply  lays down a 3-week period  without  distinction 
between  the various  types of crop. 

III.5 (a and  b) 

Limit  values  or  other  measures  for  soils  with  a  pH  below  6 
(Article  8) 

In  the  Flemish  Region,  it  is purely  and  simply  prohibited  to  spread  sludge  on  soils  with  a 
pH  below  6. 

In Spain,  (see table relating  to annex IA above) the pH  limit  is 7. For  all  soils with a lower 
pH  the  lower  value  in annex  IA applies. 

The  same  table  contains  the  limit  values  determined  by  the  United  Kingdom  with  a 
differentiated  pH range  for  Zn,  Cu  and Ni. 

The  Walloon,  French  and  Portuguese  reports do not  tackle  the  question. 

III.6 (a) 

Soil  analysis  for  other  parameters  than  pH  and  heavy  metals  (annex 
IIB.l) 

In the Flemish  Region, the  concentration  in phosphates  is also  analysed. 

No  other  parameter  is measured  in the  Walloon  Region,  Spain  or  the  United  Kingdom 

France  and  Portugal  did  not  provide  any  information  on this  subject. 

59 

III.  6.  (b) 

Minimum  frequency  of  soil  analysis  (annex  IIB.2) 

In  addition to the provisions  of the Directive, an additional  analysis of  soil  is imposed  in the 
Flemish  Region  after  every  20  tonnes  of  sludge. 

In  Spain  the  frequency  of  analysis  is  decided  by the  autonomous  Communities. 

The  reports  of  the  Walloon  Region,  France  and  of  Portugal  give  no  information  on  this 
subject. 

At the United  Kingdom,  soils are analysed a first time when sludge is first used and then 20 
years  after.  At the  request  of  the  owner  of the  soil  or  the  Secretary  of  State,  however,  they 
can  also  be  analysed  5 years  after  the  last  analysis. 

60 

III.  7. 

Quantities of sludge produced bv sewage treatment  plants, sludge used in 
agriculture,  surface  covered,  and  average  concentration  of  heavy  metals 
in  the  sludge  (from  the  registers  mentioned  in  Article  10) 

The  requisite  data  are  produced  in  the  tables  below  in  the  form  of  average  values  for  the 
period  covered  by  this  report. 

N°  4.  QUANTITIES  OF  PRODUCED  AND  USED  SLUDGE 

.  Sltudge used in 
agriculture 

838  731 

13 267 

404  299 

758  500 

212  228 

10 044 

204  197 

496  500 

(optional) 

-

Flemish  region 

Walloon  region 

Spain 

France 

Portugal 

United  Kingdom 

1  030  000 

500  000 

61 

N° 5.  AVERAGE CONCENTRATION OF HEAVY METALS IN SLUDGE (MG/KG D.M.) 

: 

Dtrôdtivô  ^ 
86/278/EEC 

BôteÏMIIÎ 

$p*fa 

France 

Portugal 

Rarvcters 

WalCortia 

Uttïtôd 
Kingdom 

Cd 

Cu 
Ni 

Pl>  *' 
i Zn  ' 
m 
Cr'  * 

20-40 

1  000-1  750 

300-400 

750-1  200 

3.6 

312 

46 

229 

2  500-4 000 

1  350 

16-25 

-

1.7 

73 

3.3 

179 

50 

182 

925 

1.5 

76 

6 

294 

49 

406 

1 157 

11 

363 

5.3 

334 

39 

133 

921 

2.7 

80 

-

_ 

-

-

-

-

-

3.2 

473 

37 

217 

889 

3.2 

86 

62 

In  addition  to  the  values  in  heavy  metals, the  report  from  the  Flemish  Region  presents  the 
results  of  total  nitrogen  (26  Mg/fcg  D.M.)  and  total  phosphorus  analysis  (2.2mg/kg  D.M.) 

III.  8.  Exemptions  granted  the  small  sewage  treatment  plants  (Article  11) 

No  exemption  is granted  in the  Region  Flemish  or  in the  United  Kingdom  . 

The  other  reports  do  not  answer  the  question. 

IV. 

CONCLUSIONS 

It  is not  possible  to  draw  conclusions  at  European  Union  level  on the  basis  of  five  national 
reports,  of  which  only  2  1/2  (Spain,  United  Kingdom  and  Flemish  Region)  are  complete, 
except  to  stress  the  reticence  of  the  Member  States to provide  these  reports. 

On  this  very  restricted  basis,  however,  the  Directive  can  be  considered  to  be  fairly  well 
implemented  in its major  point,  the permitted  concentrations  of heavy  metals  in sludge  used 
in agriculture. In general these concentrations are much lower than the limit values laid down 
in Annex  IB  to  the  Directive. 

63 

ISSN 0254-1475 

COM(97) 23 final 

DOCUMENTS 

EN 

14 

Catalogue number  : CB-CO-97-020-EN-C 

ISBN 92-78-15157-2 

Office  for Official  Publications of the European Communities 

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