Amended proposal for a Council Directive on the landfill of waste
Date: 1998-03-26
Institutions: European Commission
Subjects: application of EU law, environmental protection, waste disposal, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.03.1998 

COM( 1998) 189  final 

97/0085 (SYN) 

Amended proposal for a 

COUNCIL DIRECTIVE 
on the landfill of waste 

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

EXPLANATORY  MEMORANDUM 

Pursuant to Article  189 (a) paragraph 2 of the EC Treaty, the Commission  submits an 
amended  Proposal  for  a  Council  Directive  on  the  landfill  of  waste.  The  amended 
Proposal  takes  account  of  a  number  of  amendments  from  the  European  Parliament 
which were adopted at its Plenary Session on 16-20 February  1998. 

29 of the 33 amendments were adopted  at the Plenary  Session.  The Commission  can 
agree in principle to amendments  1, 5, 6,  8-11,  14-15,  19-21, 23, 24, 26 and 29. The 
Commission position on the amendments are listed in the following. 

Amendment  1  introduces  a  reference  to  the  waste  hierarchy  in  a  recital.  The 
Commission fully  agrees to this change. 

Amendments 2, 3, 4 and 32 represent proposals for new recitals. Recitals calling for a 
new Directive on  composting,  a new Directive on the  incineration  of  non-hazardous 
waste and a promotion of the use of economic instruments are among those which are 
not  acceptable  for  Commission.  In  principle  the  Commission  can  agree  that  such 
Proposals will be put forward  however, the Commission  cannot accept the obligations 
in the form  they have been put forward  in these amendments. As regards  amendment 
32, which states that incineration  is a sound alternative to landfilling, the Commission 
cannot agree. The Commission Waste Strategy lists landfilling  and incineration  at the 
bottom  of the waste hierarchy.  The aim is to move waste further  up in the hierarchy 
towards  environmentally  sound  alternatives  such  as  waste  prevention,  re-use  and 
recycling. 

Amendment  5  addresses  the  need  for  legislation  on  the  processing  of  dredging 
sludges.  A  revision  of  the  sewage  sludge  Directive  is  upcoming  and  therefore,  the 
Commission agrees in principle to this amendment. 

Amendments  6 and  21  deletes  the wording  "as  far  as possible"  in  recital  23  and  in 
Article  10 which will  ensure that the cost of the financial  security  is included  in  the 
price  to  be  charged  for  the  landfilling  of  waste.  The  Commission  supports  these 
amendments. 

Amendment  7,  part  of  amendment  16  and  amendment  23,  address  the  need  for 
improved  monitoring  and  reporting  systems.  The  majority  of  the  suggested 
obligations  can be supported  by the Commission  as they  seek to  ensure  an increased 
transparency.  However,  the Commission  cannot  accept  amendment number  7  as this 
amendment obliges the Commission to transmit the reports drafted by Member States. 

Amendment  8  specifies  and  clarifies  the  aim  of  the  Directive.  The  Commission 
supports this amendment. 

Amendments  9 and  11 regard  definitions.  Concerning  the definition  of  inert waste it 
has been suggested  in amendment 9 to add a specific  reference to the proposed  water 

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framework  Directive.  This  is  acceptable  for  the  Commission.  Furthermore,  it  is 
suggested to define  liquid waste more specifically  in relation to percentage of  solids 
in  amendment  11.  This  amendment  is  in  principle  acceptable  to  the  Commission 
however,  no  such  specification  exists  in  Community  legislation  today  and  some 
Member States have expressed major difficulties  with such specification. 

Amendment  10 clarifies  that mine  storage  and underground  storage  are  covered  by 
the overall definition of landfill.  The Commission strongly supports this  clarification 
however,  the Commission  has  always  interpreted  the  definition  of  landfill  in  a way 
which also included underground storage. 

Concerning  the  suggested  definition  on underground  storage  in  amendment  12, the 
Commission cannot accept this specific definition,  as the general definition of landfill 
also covers underground disposal of waste. 

In general the Commission cannot support further exemptions than those given in the 
Commission  Proposal.  Furthermore,  the  spreading  of  gypsum  and  lime  for  the 
purposes of fertilisation or improvement, which is suggested in amendment  13, would 
not normally be covered by the definition  of landfill.  However, the Commission will 
look  more  closely  into  this  specific  exemption  and  review  the  possibilities  for  an 
exemption. 

Amendments  14  and  15  introduce  an  exemption  for  non-hazardous  sludges  to  be 
deposited in surface water including the waterway bed as well as an exemption for the 
deposit  of  unpolluted  soil  or  non-hazardous  inert  waste  from  different  mining 
activities.  Based  on  information  from  Member  States  and  the  discussions  in  the 
Council the Commission  can accept these amendments. 

Amendment  16 introduces an obligation  for the Commission to transmit a report on 
national strategies to the Parliament and Council as well  as an obligation for Member 
States and the Commission to report on the compliance with the reduction targets and 
the possible need for adjustment. Amendment  16 also widens the scope of the targets 
for  biodegradable  waste  to  cover  also  industrial  waste  as  well  as  changes  the  time 
frame  for  Member  States  to  monitor  the  amount  of  biodegradable  waste.  The 
reporting  obligation  in  amendment  16 is  the  only  part of  this  amendment  which  is 
acceptable  for  the  Commission.  Statistics  for  biodegradable  industrial  waste  do not 
exist and therefore, this widening of the scope is not acceptable. Furthermore, the part 
of  the  amendment which  allows  for Member  States not to  monitor before  one  year 
before  the targets enter into force  is not acceptable for the  Commission.  Finally the 
targets  in Article  5 should remain fixed  and legally  binding  in  order to  ensure that 
Member States plan and initiate alternative waste management procedures. 

Amendment  19 deletes the exemption for tyres with a diameter above  1400 mm. The 
Commission  agrees  to  this  amendment  as  information  has  been  put  forward  which 
gives evidence that such large tyres can be shredded and recycled. 

Amendment 20  changes the obligation  for treatment.  The change is  in line with the 
changes which has  already  agreed  during the  Council  discussions  and to which the 
Commission can agree. 

Amendment 22 concerns landfill tax. The Commission is not expected to put forward 
a Proposal  on  economic  instruments  and therefore,  the  Commission  cannot support 
amendment 22 which includes such a commitment. 

Amendment 24 specifies  the obligations  for the operator during the aftercare period. 
The  suggested  change  will  ensure  that  a 30  year  aftercare  period  is  foreseen.  The 
Commission  supports  amendment  24  as  this  amendment  will  ensure  a  minimum 
aftercare period which is not included in the Commission Proposal. 

Amendment  25  addresses  permits.  The  permit  to  be  issued  for  the  operation  of 
landfills  in  relation  to  the  Commission  Proposal  includes  specific  and  strict 
requirements. Therefore,  it is necessary to ensure that existing landfills not only have 
a  permit  according  to  Directive  75/442/EEC  on  waste  as  amended  by  Directive 
91/156/EEC, but also obtain a new permit as requested in the Commission Proposal. 
Therefore, the Commission cannot accept amendment 25. 

Amendment  26  introduces  a provision  to  ensure  that  landfills  without  a permit  in 
accordance with Directive 75/442/EEC are closed down. The Commission can accept 
amendment 26 even though this change is unnecessary,  as such landfills  should have 
been closed down already. 

The amendments 27,  29,  30 and 31  address the technical  annexes.  The Commission 
cannot  agree  to  introduce  changes  to  the  technical  annexes  at  this  point  as  such 
changes  should  be  made  by  the  Committee  as  laid  down  in  Article  16  of  the 
Commission  Proposal.  However,  the  introduced  reference  to  the  water  framework 
Directive  in  amendment  29  is  acceptable  for  the  Commission.  The  Commission 
cannot accept amendments 27, 30 and 31. 

Amended Proposal for a 

COUNCIL DIRECTIVE 
on the landfill  of waste 
(presented  by the Commission  pursuant 
to Article  189a paragraph 2 of the EC Treaty) 

ORIGINAL PROPOSAL 

AMENDED PROPOSAL 

Recital 3 a (new) 

Whereas landfill  of waste is the option of 
last  resort  within  the  hierarchy  of  waste 
management  principles  as  established  in 
the  Commission  Communication  COM 
(96)399; 

Recital 9a (new) 

Whereas uniform  European legislation on 
the  processing  of  dredging  sludges  is 
desirable: 

Recital 23 

Whereas under the polluter pays principle  Whereas under the polluter pays principle 
it  is  necessary,  inter  alia,  to  take  into 
it  is  necessary,  inter  alia,  to  take  into 
account  any  damage  to  the  environment  account  any  damage  to  the  environment 
caused  by a landfill;  whereas, as a result,  caused  by a landfill;  whereas,  as a result, 
it  shall  be  ensured  that  rates  for  waste 
it  shall  be  ensured  that  rates  for  waste 
disposal  in  a  landfill  are  fixed  in  such  a  disposal  in  a  landfill  are  fixed  in  such  a 
way  as to  cover  all  the  costs  involved  in  way  as to  cover  all  the  costs  involved  in 
the  setting  up  and  operation  of  the 
the 
facility,  including  as  far  as  possible  the  facility,  including  the  financial  security 
financial  security  or  its  equivalent  which  or  its  equivalent  which  the  site  operator 
the site operator must provide, the cost of  must provide,  the  cost  of  closing  the  site 
closing  the  site  and  the  cost  of  any  and  the  cost  of  any  necessary  aftercare 
necessary  aftercare  measures,  so  as  to  measures,  so  as to  ensure that these  rates 
ensure  that  these  rates  reflect  the  true  reflect  the  true  costs  for  the  whole  life 
costs for  the whole life  time of  a landfill 
time of  a landfill  and that these  costs  are 
and  that  these  costs  are not  borne  by  the  not borne by the public purse; 
public purse; 

the  setting  up  and  operation  of 

Article 1 

With  a view  to meeting  the requirements 
of  Directive  75/442/EEC,  and 
in 
particular  Articles  3  and  4  thereof,  the 
aim  of  this  Directive  is  to  provide  for 
measures,  procedures  and  guidance  to 
prevent  or  reduce  as  far  as  possible 
negative  effects  on  the  environment,  in 
particular the  pollution  of  surface water, 
groundwater,  soil  and air,  as well  as the 
resulting  risks  to  human  health,  from 
landfilling of waste 

With a view to meeting the requirements 
of  Directive  75/442/EEC,  and 
in 
particular  Articles  3  and  4  thereof,  the 
aim  of  this  Directive  is,  bv  wav  of 
and  fôçhnjçal 
stringent  operational 
requirements  on  waste  and  landfills,  to 
provide  for  measures,  procedures  and 
guidance  to  prevent  or  reduce  as  far  as 
possible  negative 
the 
environment,  in  particular  the  pollution 
of  surface  water,  groundwater,  soil  and 
air,  and  on  the  global  environment 
including  the  greenhouse  effect,  as  well 
as  the  resulting  risks  to  human  health, 
from  landfilling  of  waste,  during  the 
setting  up.  operational,  closure  and 
aftercare phases. 

effects 

on 

Article 2(e) 

"inert waste" shall  mean  waste  that does 
not  undergo  any  significant  physical, 
chemical  or  biological  transformations. 
Inert  waste  will  not  dissolve,  burn  or 
otherwise physically  or chemically react, 
biodegrade  or  adversely  affect  other 
matter with  which  it  comes  into  contact 
in  a.  way 
to  give  rise  to 
environmental  pollution  or  harm  human 
health.  The 
leachability  and 
pollutant  content  of  the  waste  and 
ecotoxicity  of  the 
leachate  must  be 
insignificant; 

likely 

total 

likely 

"inert waste" shall  mean waste  that does 
not  undergo  any  significant  physical, 
chemical  or  biological  transformations. 
Inert  waste  will  not  dissolve,  burn  or 
otherwise physically  or chemically  react, 
biodegrade  or  adversely  affect  other 
matter with  which  it  comes  into  contact 
in  a  way 
to 
environmental  pollution  or  harm  human 
health.  The 
leachability  and 
pollutant  content  of  the  waste  and 
ecotoxicity  of  the 
leachate  must  be 
insignificant  and  not  endanger  the  good 
ecological  quality  of  surface  and/or 
groundwater  as  defined  bv  the  Directive 
for a framework for Community action in 
the field of water policy (Dir. .../.../EC) 

to  give  rise 

total 

Article 2 (f) 

f)  "landfill"  shall mean a waste disposal 
site for the deposit of waste on to or into 
land,  including  internal  waste  disposal 
sites  (i.e.  landfill  where  a  producer  of 
waste  is  carrying  out  its  own  waste 
disposal  at the  place  of  production)  and 
is 
excluding 
its 
unloaded 

facilities  where  waste 
to  permit 
in  order 

including  mine 

f)  "landfill"  shall mean a waste  disposal 
site for the deposit of waste on to or into 
storage,  and 
land, 
internal  waste 
underground 
disposal  sites  (i.e. 
landfill  where  a 
producer of waste is carrying out its own 
waste disposal at the place of production) 
and  excluding  facilities  where  waste  is 

storage, 

r 

treatment 

preparation  for  further  transport  for 
recovery, 
disposal 
elsewhere,  and  temporary  (i.e.  less  than 
,one  year)  deposit  of  waste  prior  to 
recovery, treatment or disposal; 

or 

in  order 

to  permit 

its 
unloaded 
preparation  for  further  transport  for 
recovery, 
disposal 
elsewhere,  and  temporary  (i.e.  less  than 
one  year)  deposit  of  waste  prior  to 
recovery, treatment or disposal; 

treatment 

or 

Article 2(p) 

"liquid  waste"  shall  mean  any  waste  in 
liquid  form  including  waste  waters  but 
excluding sludge; 

"liquid  waste"  shall  mean  any  waste  in 
liquid form where a liquid is defined  as a 
fluid  containing  £  45% solids  bv weight 
and  flow  characteristics  to  be  defined 
following  determination of  a test method 
in  accordance  with  the  procedure  laid 
down in Article 16: 

Article 3(2) third indent 

the deposit of dredging sludges alongside 
small  waterways  from  where  they  have 
been dredged out; 

the  deposit  of  non  hazardous  dredging 
sludges  alongside  small  waterways  from 
where they have been dredged out and of 
non  hazardous  sludges  in  surface  water 
including the waterway bed: 

Article 3(2), fourth indent 

the  deposit  of  unpolluted  soil  or  of  non  the  deposit  of  unpolluted  soil  or  of  non 
hazardous  inert  materials  resulting  from  hazardous  inert waste resulting  from  the 
prospecting  for  or  extracting,  processing 
the extracting of mineral resources. 
or storing  of  mineral  resources,  or  from 
quarrying. 

Article 5, paragraph 1, subparagraph  1 

for 

implementation  of 

1) Member  States  shall  set up a national 
the 
strategy 
reduction  of  biodegradable  municipal 
waste  going  to  landfills  at the  entry into 
force  of  this  Directive  and  notify  the 
Commission of this strategy ; 

for 

implementation  of 

1) Member  States  shall  set up a national 
the 
strategy 
reduction  of  biodegradable  municipal 
waste  going  to  landfills  at the  entry  into 
force  of  this  Directive  and  notify  the 
Commission  of  this  strategy  .  Within  6 
months of the date of transposition  given 
in  Article  18.  the  Commission  shall 
the  Council  and  European 
provide 
Parliament with a report drawing together 
the national strategies: 

Article 5(2)(d) 

(d)whole  used tyres from two years from 
the  date  of  entry  into  force  of  this 
Directive  and  shredded  used  tyres  five 
years  from  this  date  (excluding  in  both 
instances  bicycle  tyres  and tvres with an 
outside diameter above 1400 mm): 

(d)whole used tyres from two years from 
the  date  of  entry  into  force  of  this 
Directive  and  shredded  used  tyres  five 
years  from  this  date  (excluding  in  both 
instances bicycle tyres); 

Article 6(1) 

l)only  waste  that  has 
treatment is landfilled; 

been  subject  to 

l)only  waste  that  has  been  subject  to 
treatment  is  landfilled.  This  requirement 
does not have to be applied to inert waste 
for  which  treatment  is  not  technically 
suitable or to other waste for which such 
treatment does not reduce the  amount of 
waste or the dangers for human health or 
the environment. 

Article 10 

Member  States  shall  ensure  that  the 
minimum  price  to  be  charged  by  all 
public  and  private  landfill  operators  for 
the  disposal  of  any  type  of  waste  in  a 
landfill  shall  cover  at  least  all  costs 
involved  in  the  setting  up  and operation 
of the site, including as far as possible the 
cost  of  the  financial  security  referred  to 
in Article 8(1 )(c),  and the estimated costs 
of the closure and aftercare of the site for 
a  period  of  at  least  50  years.  Member 
States  shall  ensure  transparency  in  the 
collection  and use  of  any  necessary  cost 
information. 

Member  States  shall  ensure  that  the 
minimum  price  to  be  charged  by  all 
public  and  private  landfill  operators  for 
the  disposal  of  any  type  of  waste  in  a 
landfill  shall  cover  at  least  all  costs 
involved  in the  setting  up  and operation 
of  the  site,  including  the  cost  of  the 
financial  security  referred  to  in  Article 
8(1 )(c),  and  the  estimated  costs  of  the 
closure  and  aftercare  of  the  site  for  a 
period  of  at  least  50  years.  Member 
States  shall  ensure  transparency  in  the 
collection  and use  of  any  necessary  cost 
information. 

Article  11, paragraph 2 

from  provisions  of 

2)  For  landfill  sites  which  have  been 
exempted 
this 
Directive  by  virtue  of  Article  3(3) 
Member  States  shall  take  the  necessary 
measures to provide for : 

from  provisions  of 

2)  For  landfill  sites  which  have  been 
exempted 
this 
Directive  by  virtue  of  Article  3(3) 
Member  States  shall  take  the  necessary 
measures to provide for : 

regular visual inspection of the waste at 
the point of deposit in order to ensure that 
only  non  hazardous  or  inert waste  from 
the  island  or  the  isolated  settlement  is 
accepted at the site; and 

regular visual inspection of the waste at 
the point of deposit in order to ensure that 
only  non  hazardous  or  inert  waste  from 
the  island  or  the  isolated  settlement  is 
accepted at the site; and 

a register on the quantities of waste that 

a register on the quantities of waste that 

3 

are deposited at the site be kept. 

shall 

are  deposited  at the  site  be  kept  and be 
publicly available. 
that 
Member  States 
information  on  the  type  and  volume  of 
waste  going to such exempted  sites shall 
form  part  of  the  regular  reports  to  the 
Commission  on  the  implementation  of 
the directive. 

ensure 

Article 13, paragraph 4 

4) for as long as the competent authority 
considers that landfill  is likely to cause a 
hazard  to  the  environment,  the  operator 
of  the  site  shall  be  responsible  for 
monitoring and analysing landfill gas and 
the 
the 
leachate 
groundwater regime in the vicinity of the 
site in accordance with Annex III. 

site  and 

from 

4) for as long as the competent authority 
considers that landfill  is likely to cause a 
hazard  to  the  environment,  the  operator 
of  the  site  shall  be  responsible  for 
monitoring and analysing landfill gas and 
leachate  from  the  site  ; this  being  for  a 
period of at least 30 years after closure of 
the landfill.  The competent authority mav 
extend  or  shorten  the  said  period  if  the 
operator  is  able  to  demonstrate,  on  the 
basis  of 
the  overall  management 
programme  laid  down  in  the  Annexes, 
that the landfill  no  longer  constitutes  an 
the  environment. 
active  danger 
to 
However,  no  time 
limit  should  be 
imposed as regards the liability regime as 
established bv the Member States. 

Article 14, subparagraph 4a (new) 

4a) Member States  shall  close  down anv 
existing landfill sites which have not been 
granted  a  permit  under 
the  waste 
framework  directive  (75/442/EEC  as 
amended bv Directive 91/156/EEC). 

Annex I, 2, fourth indent 

to 

the 

from 

landfill 

the  collected 

treat  contaminated  water  and  leachate  treat  contaminated  water  and  leachate 
collected 
the 
appropriate  standard  required  for  their  appropriate  standard  required  for  their 
discharge so as not to endanger the good 
discharge 
ecological  quality  of  surface  and/or 
groundwater  as  defined  bv  the  Directive 
for a framework for Community action in 
the field of water policy (Dir. ../../EC). 

landfill 

from 

the 

to 

ISSN 0254-1475 

COM(98) 189 final 

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Catalogue number  :  CB-C0-98-196-EN-C 

ISBN 92-78-32533-3 

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