COMMON POSITION (EC) No 49/98 adopted by the Council on 4 June 1998 with a view to adopting Council Directive 98/ /EC, of ... on the landfill of waste
Date: 1998-06-04
Institutions: Council of the European Union
Subjects: environmental monitoring, environmental protection, pollution control measures, public health, waste disposal, waste management

30.10.98

EN

Official  Journal  of  the  European  Communities

C 333/15

COMMON  POSITION  (EC)  No  49/98

adopted  by  the  Council  on  4  June  1998

with  a  view  to  adopting  Council  Directive  98/

/EC,  of  . . .  on  the  landfill  of  waste

(98/C 333/02)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  130s(1)  thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189c  of  the  Treaty (3),

(1) Whereas  the  Council  resolution  of  7  May  1990 (4)
on  waste  policy  welcomes  and  supports 
the
Community  strategy  document  and  invites  the
Commission  to  propose  criteria  and  standards  for
the  disposal  of  waste  by  landfill;

(2) Whereas  the  Council  resolution  of  9  December
1996  on  waste  policy  considers  that,  in  the  future,
only safe and controlled landfill activities should be
carried  out  throughout  the  Community;

(3) Whereas  the  prevention,  recycling  and  recovery  of
waste  should  be  encouraged  as  should  the  use  of
recovered  materials  and  energy  so  as  to  safeguard
natural  resources  and  obviate  wasteful  use  of
land;

the 

(4) Whereas  further  consideration  should  be  given
incineration  of  municipal
to 
and 
composting,
biomethanisation,  and  the  processing  of  dredging
sludges;

issues  of 
non-hazardous 

waste, 

(5) Whereas  under  the  polluter  pays  principle  it  is
necessary,  inter  alia,  to  take  into  account  any
damage 
the  environment  produced  by  a
landfill;

to 

(1) OJ  C  156,  24.5.1997,  p.  10.
(2) OJ  C  355,  21.11.1997,  p.  4.
(3) Opinion  of  the  European  Parliament  of  19  February  1998
(OJ  C  80,  16.3.1998,  p.  204),  Council  Common  Position  of
4  June  1998  and  European  Parliament  Decision  of  . . .  (not
yet  published  in  the  Official  Journal).

(4) OJ  C  122,  18.5.1990,  p.  2.

(6) Whereas,  like  any  other  type  of  waste  treatment,
landfill  should  be  adequately  monitored  and
managed  to  prevent  or  reduce  potential  adverse
effects  on  the  environment  and  risks  to  human
health;

(7) Whereas 

it 

to 

disposal 

is  necessary 

take  appropriate
measures  to  avoid  the  abandonment,  dumping  or
uncontrolled 
of  waste;  whereas,
accordingly,  it  must  be  possible  to  monitor  landfill
sites with respect to the substances contained in the
waste  deposited  there;  whereas  such  substances
should,  as  far  as  possible,  react  only  in  foreseeable
ways;

(8) Whereas both the quantity and hazardous nature of
waste intended for landfill should be reduced where
appropriate;  whereas  the  handling  of  waste  should
be  facilitated  and  its  recovery  enhanced;  whereas
the  use  of  treatment  processes  should  therefore  be
encouraged  to  ensure  that  landfill  is  compatible
with  the  objectives  of  this  Directive;  whereas
sorting  is  included  in  the  definition  of  treatment;

(9) Whereas Member States should be able to apply the
principles  of  proximity  and  self-sufficiency  for  the
elimination  of  their  waste  at  Community  and
national level, in accordance with Council Directive
75/442/EEC  of  15  July  1975  on  waste (5);  whereas
the objectives of this Directive must be pursued and
clarified  through  the  establishment  of  an  adequate,
integrated  network  of  disposal  plants  based  on  a
high  level  of  environmental  protection;

(10) Whereas disparities between technical standards for
the disposal of waste by landfill and the lower costs
associated  with  it  might  give  rise  to  increased
disposal of waste in facilities with low standards of
environmental  protection  and 
thus  create  a
potentially serious threat to the environment, owing
to  transport  of  waste  over  unnecessarily  long
distances  as  well  as  to  inappropriate  disposal
practices;

(11) Whereas  it  is  therefore  necessary  to  lay  down
technical  standards  for  the  landfill  of  waste  at
Community  level  in  order  to  protect,  preserve  and
improve  the  quality  of  the  environment  in  the
Community;

(5) OJ  L  194,  25.7.1975,  p.  39.  Directive  as  last  amended  by
Commission  Decision  96/350/EC  (OJ  L  135,  6.6.1996,
p.  32).

C 333/16

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Official  Journal  of  the  European  Communities

30.10.98

(12) Whereas  it  is  necessary  to  indicate  clearly  the
requirements  with  which  landfill  sites  must  comply
as  regards 
location,  conditioning,  management,
control,  closure  and  preventive  and  protective
measures  to  be  taken  against  any  threat  to  the
environment in the short as well as in the long-term
perspective,  and  more  especially  against 
the
pollution  of  groundwater  by  leachate  infiltration
into  the  soil;

(13) Whereas  in  view  of  the  foregoing  it  is  necessary  to
define clearly the classes of landfill to be considered
and the types of waste to be accepted in the various
classes  of  landfill;

(14) Whereas  sites  for  temporary  storage  of  waste
should  comply  with  the  relevant  requirements  of
Directive  75/442/EEC;

(15) Whereas the recovery, in accordance with Directive
inert  or  non-hazardous  waste
75/442/EEC,  of 
which 
in
redevelopment/restoration  and  filling-in  work,  or
for  construction  purposes  may  not  constitute  a
landfilling activity;

their  use 

suitable, 

through 

is 

(16) Whereas  measures  should  be  taken  to  reduce  the
production of methane gas from landfills, inter alia,
in  order  to  reduce  global  warming,  through  the
reduction of the landfill of biodegradable waste and
the  requirements  to  introduce  landfill  gas  control;

(17) Whereas  the  measures  taken  to  reduce  the  landfill
of  biodegradable  waste  should  also  aim  at
encouraging 
of
biodegradable  waste,  sorting  in  general,  recovery
and recycling;

collection 

separate 

the 

(18) Whereas,  because  of  the  particular  features  of  the
landfill  method of  waste  disposal,  it is  necessary to
introduce a specific permit procedure for all classes
of  landfill  in  accordance  with  the  general  licensing
requirements  already 
in  Directive
75/442/EEC  and 
the  general  requirements  of
Directive  96/61/EC  concerning  integrated  pollution
prevention and control (1); whereas the landfill site’s
compliance  with  such  a  permit  must  be  verified  in
the  course  of  an  inspection  by  the  competent
authority  before  the  start  of  disposal  operations;

set  down 

(19) Whereas,  in  each  case,  checks  should  be  made  to
establish  whether  the  waste  may  be  placed  in  the
landfill  for  which  it  is  intended,  in  particular  as
regards  hazardous  waste;

(1) OJ  L  257,  10.10.1996,  p.  26.

(20) Whereas, 

in  order  to  prevent  threats  to  the
environment, it is necessary to introduce a uniform
waste  acceptance  procedure  on  the  basis  of  a
classification  procedure  for  waste  acceptable  in  the
different  categories  of 
in
particular standardised limit values; whereas to that
end  a  consistent  and  standardised  system  of  waste
characterisation,  sampling  and  analysis  must  be
established  in  time  to  facilitate  implementation  of
this  Directive;  whereas  the  acceptance  criteria  must
be  particularly  specific  with  regard  to  inert  waste;

including 

landfill, 

(21) Whereas,  pending 

the  establishment  of  such
methods of analysis or of the limit values necessary
for  characterisation,  Member  States  may  for  the
purposes  of  this  Directive  maintain  or  draw  up
national  lists  of  waste  which  is  acceptable  or
unacceptable 
landfill,  or  define  criteria,
including limit values, similar to those laid down in
this  Directive 
acceptance
procedure;

the  uniform 

for 

for 

(22) Whereas for certain hazardous waste to be accepted
in  landfills  for  non-hazardous  waste  acceptance
criteria  should  be  developed  by  the  technical
committee;

(23) Whereas 

it 

is  necessary  to  establish  common
monitoring  procedures  during  the  operation  and
aftercare  phases  of  a  landfill  in  order  to  identify
any  possible  adverse  environmental  effects  of  the
landfill  and 
the  appropriate  corrective
measures;

take 

(24) Whereas  it  is  necessary  to  define  when  and  how  a
landfill  should  be  closed  and  the  obligations  and
responsibility of the operator on the site during the
aftercare  period;

(25) Whereas landfill sites that have been closed prior to
the  date  of  transposition  of  this  Directive  should
not  be  subject 
its  provisions  on  closure
procedure;

to 

(26) Whereas  the  future  conditions  of  operation  of
existing  landfills  should  be  regulated  in  order  to
take  the  necessary  measures,  within  a  specified
period of time, for their adaptation to this Directive
on  the  basis  of  a  site-conditioning  plan;

(27) Whereas  for  operators  of  existing  landfills  having,
in 
rules
compliance  with  binding  national 
equivalent  to  those  of  Article  14  of  this  Directive,
already  submitted  the  documentation  referred  to  in
Article 14(a) of this Directive prior to its entry into
force  and  for  which  the  competent  authority
authorised  the  continuation  of  their  operation,

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C 333/17

there  is  no  need  to  resubmit  this  documentation
nor  for  the  competent  authority  to  deliver  a  new
authorisation;

HAS  ADOPTED  THIS  DIRECTIVE:

(28) Whereas 

the  operator  should  make  adequate
provision  by  way  of  a  financial  security  or  any
other  equivalent  to  ensure  that  all  the  obligations
flowing  from  the  permit  are  fulfilled,  including
the  closure  procedure  and
to 
those  relating 
aftercare  of  the  site;

(29) Whereas  measures  should  be  taken  to  ensure  that
the  price  charged  for  waste  disposal  in  a  landfill
covers  all  the  costs  involved  in  the  setting  up  and
operation of the facility, including as far as possible
the financial security or its equivalent which the site
operator  must  provide,  and  the  estimated  cost  of
closing  the  site  including  the  necessary  aftercare;

(30) Whereas,  when  a  competent  authority  considers
that  a  landfill  is  unlikely  to  cause  a  hazard  to  the
environment  for  longer  than  a  certain  period,  the
estimated  costs  to  be  included  in  the  price  to  be
charged  by  an  operator  may  be  limited  to  that
period;

(31) Whereas  it  is  necessary  to  ensure  the  proper
application  of  the  provisions  implementing  this
Directive  throughout  the  Community,  and  to
ensure that the training and knowledge acquired by
landfill  operators  and  staff  afford 
the
necessary skills;

them 

(32) Whereas the Commission must establish a standard
procedure for the acceptance of waste and set up a
standard  classification  of  waste  acceptable  in  a
landfill 
committee
procedure  laid  down  in  Article  18  of  Directive
75/442/EEC;

in  accordance  with 

the 

(33) Whereas  adaptation  of 

the  Annexes 

this
Directive  to  scientific  and  technical  progress  and
the  standardisation  of  the  monitoring,  sampling
and  analysis  methods  must  be  adopted  under  the
same  committee  procedure;

to 

(34) Whereas  the  Member  States  must  send  regular
reports  to  the  Commission  on  the  implementation
of  this  Directive  paying  particular  attention  to  the
national  strategies  to  be  set  up  pursuant  to
Article  5;  whereas  on  the  basis  of  these  reports  the
Commission 
the  European
report 
Parliament  and  the  Council,

shall 

to 

Article  1

Overall objective

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,  by  way  of  stringent
operational  and  technical  requirements  on  the  waste  and
landfills,  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,  and  on  the
global  environment,  including  the  greenhouse  effect,  as
well  as  any  resulting  risk  to  human  health,  from
landfilling  of  waste,  during  the  whole  life  cycle  of  the
landfill.

In respect of the technical characteristics of landfills,
2.
this  Directive  contains,  for  those  landfills  to  which
Directive  96/61/EC  is  applicable,  the  relevant  technical
requirements  in  order  to  elaborate  in  concrete  terms  the
general  requirements  of  that  Directive.  The  relevant
requirements of Directive 96/61/EC shall be deemed to be
fulfilled if the requirements of this Directive are complied
with.

Article  2

Definitions

For  the  purposes  of  this  Directive:

(a)

‘waste’  means  any  substance  or  object  which  is
covered  by  Directive  75/442/EEC;

(b)

(c)

‘municipal  waste’  means  waste  from  households,  as
well  as  other  waste  which,  because  of  its  nature  or
composition,  is  similar  to  waste  from  households;

‘hazardous waste’ means any waste which is covered
by  Article  1(4)  of  Council  Directive  91/689/EEC  of
12  December  1991  on  hazardous  waste (1);

(d)

‘non-hazardous  waste’  means  waste  which  is  not
covered  by  paragraph  (c);

(e)

‘inert waste’ means waste that does not undergo any
significant 
biological
transformations.  Inert  waste  will  not  dissolve,  burn
react,
or  otherwise  physically  or 

chemically 

physical, 

chemical 

or 

(1) OJ  L  377,  31.12.1991,  p.  20.  Directive  as  last  amended  by

Directive  94/31/EC  (OJ  L  168,  2.7.1994,  p.  28).

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30.10.98

biodegrade  or  adversely  affect  other  matter  with
which  it  comes  into  contact  in  a  way  likely  to  give
rise  to  environmental  pollution  or  harm  human
health.  The  total  leachability  and  pollutant  content
of the waste and the ecotoxicity of the leachate must
be  insignificant,  and  in  particular  not  endanger  the
quality  of  surface  water  and/or  groundwater;

(f)

‘underground  storage’  means  a  permanent  waste
storage  facility  in  a  deep  geological  cavity  such  as  a
salt  or  potassium  mine;

(g)

‘landfill’  means  a  waste  disposal  site  for  the  deposit
of  the  waste  onto  or  into  land  (i.e.  underground),
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

— a  permanent  site  (i.e.  more  than  one  year)  which

is  used  for  temporary  storage  of  waste,

but  excluding:

— facilities  where  waste  is  unloaded  in  order  to
permit  its  preparation  for  further  transport  for
recovery,  treatment  or  disposal  elsewhere,  and

— storage  of  waste  prior  to  recovery  or  treatment
for  a  period  less  than  three  years  as  a  general
rule,  or

— storage  of  waste  prior  to  disposal  for  a  period

less  than  one  year;

(h)

‘treatment’  means  the  physical,  thermal,  chemical  or
biological  processes,  including  sorting,  that  change
the characteristics of the waste in order to reduce its
volume or hazardous nature, facilitate its handling or
enhance recovery;

(m) ‘biodegradable  waste’  means  any  waste  that 

is
capable  of  undergoing  anaerobic  or  aerobic
decomposition,  such  as  food  and  garden  waste,  and
paper  and  paperboard;

(n)

‘holder’  means  the  producer  of  the  waste  or  the
natural  or  legal  person  who  is  in  possession  of  it;

(o)

‘applicant’  means  any  person  who  applies  for  a
landfill  permit  under  this  Directive;

(p)

‘competent  authority’  means  that  authority  which
the  Member  States  designate  as  responsible  for
performing  the  duties  arising  from  this  Directive;

(q)

‘liquid  waste’  means  any  waste  in  liquid  form
including  waste  waters  but  excluding  sludge;

(r)

‘isolated  settlement’  means  a  settlement:

— with  no  more 

inhabitants  per
than  500 
municipality or settlement and no more than five
inhabitants  per  square  kilometre,  and

— where 

the  distance 

the  nearest  urban
to 
agglomeration  with  at  least  250  inhabitants  per
square  kilometre  is  not  less  than  50  km,  or  with
difficult  access  by 
those  nearest
agglomerations,  due  to  harsh  meteorological
conditions  during  a  significant  part  of  the  year.

road 

to 

Article  3

Scope

1. Member  States  shall  apply  this  Directive  to  any
landfill  as  defined  in  Article  2(g).

existing  Community
2. Without 
legislation,  the  following  shall  be  excluded  from  the
scope  of  this  Directive:

prejudice 

to 

(i)

‘leachate’  means  any  liquid  percolating  through  the
deposited  waste  and  emitted  from  or  contained
within  a  landfill;

— the  spreading  of  sludges,  including  sewage  sludges,
and  sludges  resulting  from  dredging  operations,  and
similar  matter  on  the  soil  for  the  purposes  of
fertilisation  or  improvement,

(j)

‘landfill  gas’  means  the  gases  generated  from  the
landfilled  waste;

(k)

‘eluate’  means  the  solution  obtained  by  a  laboratory
leaching test;

(l)

the  natural  or 

‘operator’  means 
legal  person
responsible  for  a  landfill  in  accordance  with  the
internal  legislation  of  the  Member  State  where  the
landfill  is  located;  this  person  may  change  from  the
preparation  to  the  aftercare  phase;

— the  use  of 

inert  waste  which 

in
redevelopment/restoration  and  filling-in  work,  or  for
construction  purposes,  in  landfills,

is  suitable, 

— 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  bed  and  its  subsoil,

— the  deposit  of  unpolluted  soil  or  of  non-hazardous
inert waste resulting from prospecting and extraction,
treatment, and storage of mineral resources as well as
from  the  operation  of  quarries.

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3. Without prejudice to Directive 75/442/EEC Member
States  may  declare  at  their  own  option,  that  the  deposit
of  non-hazardous  waste,  to  be  defined  by  the  committee
established  under  Article  17  of  this  Directive,  other  than
inert  waste,  resulting  from  prospecting  and  extraction,
treatment  and  storage  of  mineral  resources  as  well  as
from  the  operation  of  quarries  and  which  are  deposited
in  a  manner  preventing  environmental  pollution  or  harm
to human health, can be exempted from the provisions in
Annex  I,  points  2,  3.1,  3.2  and  3.3  of  this  Directive.

4. Without prejudice to Directive 75/442/EEC Member
States  may  declare,  at  their  own  option,  parts  or  all  of
Articles 6(d), 7(i), 8(a)(iv), 10, 11(1)(a), (b) and (c), 12(a)
and  (c),  Annex  I,  points  3  and  4,  Annex  II  (except
point 3, level 3, and point 4) and Annex III, points 3 to 5
to  this  Directive  not  applicable  to:

(a)

landfill  sites  for  non-hazardous  or  inert  wastes  with
a total capacity not exceeding 15 000 tonnes or with
an annual intake not exceeding 1 000  tonnes  serving
islands,  where  this  is  the  only  landfill  on  the  island
and where this is exclusively destined for the disposal
of  waste  generated  on  that  island.  Once  the  total
capacity  of  that  landfill  has  been  used,  any  new
landfill  site  established  on  the  island  shall  comply
with  the  requirements  of  this  Directive;

(b)

landfill  sites  for  non-hazardous  or  inert  waste  in
isolated  settlements  if  the  landfill  site  is  destined  for
the disposal of waste generated only by that isolated
settlement.

Not  later  than  two  years  after  the  date  laid  down  in
Article 18(1), Member States shall notify the Commission
of  the  list  of  islands  and  isolated  settlements  that  are
exempted.  The  Commission  shall  publish  the  list  of
islands  and  isolated  settlements.

their  own  option, 

5. Without prejudice to Directive 75/442/EEC Member
States  may  declare,  at 
that
underground  storage  as  defined  in  Article  2(f)  of  this
Directive  can  be  exempted  from  the  provisions 
in
Article 13(d) and in Annex I, point 2, except first indent,
points 3 to 5, and in Annex III, points 2, 3 and 5 to this
Directive.

Article  4

Classes  of  landfill

Each  landfill  shall  be  classified  in  one  of  the  following
classes:

— landfill  for  hazardous  waste,

— landfill  for  non-hazardous  waste,

— landfill  for  inert  waste.

Article  5

Waste  and  treatment  not  acceptable  in  landfills

laid  down 

in  Article  18(1)  and  notify 

1. Member  States  shall  set  up  a  national  strategy  for
the  implementation  of  the  reduction  of  biodegradable
waste going to landfills, not later than two years after the
date 
the
Commission of this strategy. This strategy should include
measures to achieve the targets set out in paragraph 2 by
means  of  in  particular,  recycling,  composting,  biogas
production  or  materials/energy  recovery.  Within  30
months  of  the  date  laid  down  in  Article  18(1)  the
Commission  shall  provide  the  European  Parliament  and
the  Council  with  a  report  drawing  together  the  national
strategies.

2.

This  strategy  shall  ensure  that:

(a) not  later  than  five  years  after  the  date  laid  down  in
Article  18(1),  biodegradable  municipal  waste  going
to  landfills  must  be  reduced  to  75 %  of  the  total
amount  (by  weight)  of  biodegradable  municipal
waste  produced  in  1995  or  the  latest  year  before
1995  for  which  standardised  Eurostat  data 
is
available;

(b) not later than eight years after the date laid down in
Article  18(1),  biodegradable  municipal  waste  going
to  landfills  must  be  reduced  to  50 %  of  the  total
amount  (by  weight)  of  biodegradable  municipal
waste  produced  in  1995  or  the  latest  year  before
is
1995  for  which  standardised  Eurostat  data 
available;

(c) not  later  than  15  years  after  the  date  laid  down  in
Article  18(1),  biodegradable  municipal  waste  going
to  landfills  must  be  reduced  to  35 %  of  the  total
amount  (by  weight)  of  biodegradable  municipal
waste  produced  in  1995  or  the  latest  year  before
1995  for  which  standardised  Eurostat  data 
is
available.

Two years before the date referred to in paragraph (c) the
Council shall re-examine the above target, on the basis of
a report from the Commission on the practical experience
gained  by  Member  States  in  the  pursuance  of  the  targets
laid  down  in  paragraphs  (a)  and  (b)  accompanied,  if
appropriate,  by  a  proposal  with  a  view  to  confirming  or
amending  this  target  in  order  to  ensure  a  high  level  of
environmental  protection.

Member  States  which,  in  1995  or  the  latest  year  before
1995  for  which  standardised  Eurostat  data  is  available,
put more than 80 % of their collected municipal waste to
landfill  may  postpone  the  attainment  of  one  or  more
targets  set  out  in  paragraphs  (a),  (b),  or  (c)  by  a  period
not  exceeding  four  years.  Member  States  intending  to

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make  use  of  this  provision  shall  inform  the  Commission
of  their  decision  in  advance.  The  Commission  shall
inform  other  Member  States  of  these  decisions.

(b) only  hazardous  waste  that  fulfils  the  criteria  set  out
in  accordance  with  Annex  II  is  assigned  to  a
hazardous landfill;

The  implementation  of  the  provisions  set  out  in  the
preceding  subparagraph  may  in  no  circumstances  lead  to
the  attainment  of  the  target  set  out  in  paragraph  (c)  at  a
date  later  than  four  years  after  the  date  set  out  in
paragraph (c).

(c)

landfill  for  non-hazardous  waste  may  be  used  for:

(i) municipal  waste;

(ii) non-hazardous waste of any other origin, which
fulfil  the  criteria  for  the  acceptance  of  waste  at
landfill  for  non-hazardous  waste  set  out  in
accordance  with  Annex  II;

3. Member States shall take measures in order that the
following  wastes  are  not  accepted  in  a  landfill:

(iii)

(a)

liquid  waste;

(b) waste  which, 

in  the  conditions  of 

is
explosive,  corrosive,  oxidising,  highly  flammable  or
flammable,  as  defined  in  Annex  III  to  Directive
91/689/EEC;

landfill, 

(c) hospital  and  other  clinical  wastes  arising  from
medical  or  veterinary  establishments,  which  are
infectious  as  defined  (property  H9  in  Annex  III)  by
Directive  91/689/EEC  and  waste  falling  within
category  14  (Annex  I.A)  of  that  Directive;

(d) whole  used  tyres  from  two  years  from  the  date  laid
down  in  Article  18(1),  excluding  tyres  used  as
engineering  material,  and  shredded  used  tyres  five
years  from  the  date  laid  down  in  Article  18(1)
(excluding  in  both  instances  bicycle  tyres  and  tyres
with  an  outside  diameter  above  1 400  mm);

(e) any  other  type  of  waste  which  does  not  fulfil  the
acceptance  criteria  determined  in  accordance  with
Annex  II.

The  dilution  or  mixture  of  waste  solely  in  order  to

4.
meet  the  waste  acceptance  criteria  is  prohibited.

Article  6

Waste  to  be  accepted  in  the  different  classes  of  landfill

Member  States  shall  take  measures  in  order  that:

(a) only  waste  that  has  been  subject  to  treatment  is
landfilled.  This  provision  may  not  apply  to  inert
waste for which treatment is not technically feasible,
nor  to  any  other  waste  for  which  such  treatment
does  not  contribute  to  the  objectives  of  this
Directive,  as  set  out  in  Article  1,  by  reducing  the
quantity of the waste or the hazards to human health
or  the  environment;

stable,  non-reactive  hazardous  wastes 
(e.g.
solidified,  vitrified),  with  leaching  behaviour
equivalent to those of the non-hazardous wastes
referred to in point (ii), which fulfil the relevant
acceptance  criteria  set  out  in  accordance  with
Annex  II.  These  hazardous  wastes  shall  not  be
deposited  in  cells  destined  for  biodegradable
non-hazardous  waste;

(d)

inert  waste  landfill  sites  shall  be  used  only  for  inert
waste.

Article  7

Application  for  a  permit

Member  States  shall  take  measures  in  order  that  the
application  for  a  landfill  permit  must  contain  at  least
particulars  of  the  following:

(a)

the  identity  of  the  applicant  and  of  the  operator
when  they  are  different  entities;

(b)

the  description  of  the  types  and  total  quantity  of
waste  to  be  deposited;

(c)

the  proposed  capacity  of  the  disposal  site;

(d)

(e)

(f)

the  description  of 
hydrogeological and geological characteristics;

including 

site, 

the 

its

the  proposed  methods  for  pollution  prevention  and
abatement;

the  proposed  operation,  monitoring  and  control
plan;

(g)

the  proposed  plan  for  the  closure  and  aftercare
procedures;

(h) where  an 

impact  assessment 

is  required  under
Council  Directive  85/337/EEC  of  27  June  1985  on
the  assessment  of  the  effects  of  certain  public  and
the
private  projects  on 
the 
information provided by the developer in accordance
with  Article  5  of  that  Directive;

environment (1), 

(1) OJ  L  175,  5.7.1985,  p.  40.  Directive  as  amended  by

Directive  97/11/EC  (OJ  L  73,  14.3.1997,  p.  5).

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(i)

the  financial  security  by  the  applicant,  or  any  other
equivalent 
under
Article  8(a)(iv)  of  this  Directive.

provision, 

required 

as 

Article  9

Content  of  the  permit

Following  a  successful  application  for  a  permit,  this
information  shall  be  made  available  to  the  competent
national  and  Community  statistical  authorities  when
requested  for  statistical  purposes.

Specifying  and  supplementing  the  provisions  set  out  in
Article  9  of  Directive  75/442/EEC  and  Article  9  of
Directive 96/61/EC, the landfill permit shall state at least
the  following:

Article  8

Conditions  of  the  permit

Member  States  shall  take  measures  in  order  that:

(a)

the  competent  authority  does  not  issue  a  landfill
permit  unless  it  is  satisfied  that:

(i) without  prejudice  to  Article  3(4)  and  (5),  the
landfill  project  complies  with  all  the  relevant
requirements  of  this  Directive,  including  the
Annexes;

(ii)

the  management  of  the  landfill  site  will  be  in
the hands of a natural person who is technically
competent  to  manage  the  site;  professional  and
technical  development  and  training  of  landfill
operators  and  staff  are  provided;

(iii)

the  landfill  shall  be  operated  in  such  a  manner
that  the  necessary  measures  are  taken  to
prevent  accidents  and  limit  their  consequences;

(iv) adequate  provisions,  by  way  of  a  financial
security or any other equivalent, on the basis of
modalities to be decided by Member States, has
been  or  will  be  made  by  the  applicant  prior  to
the  commencement  of  disposal  operations  to
ensure  that  the  obligations  (including  aftercare
provisions)  arising  under  the  permit  issued
under  the  provisions  of  this  Directive  are
discharged  and  that  the  closure  procedures
required  by  Article  13  are  followed.  This
security  or  its  equivalent  shall  be  kept  as  long
as  required  by  maintenance  and  aftercare
operation  of  the  site 
in  accordance  with
Article  13(d).  Member  States  may  declare,  at
their own option, that this point does not apply
to  landfills  for  inert  waste;

(b)

the  landfill  project  is  in  line  with  the  relevant  waste
management plan or plans referred to in Article 7 of
Directive  75/442/EEC;

(c) prior  to  the  commencement  of  disposal  operations,
the competent authority shall inspect the site in order
the  relevant
to  ensure 
conditions of the permit. This will not reduce in any
way  the  responsibility  of  the  operator  under  the
conditions  of  the  permit.

it  complies  with 

that 

(a)

the  class  of  the  landfill;

(b)

(c)

(d)

the  list  of  defined  types  and  the  total  quantity  of
waste  which  are  authorised  to  be  deposited  in  the
landfill;

requirements  for  the  landfill  preparations,  landfilling
operations  and  monitoring  and  control  procedures,
including contingency plans (Annex III, point 4.B), as
well  as  provisional  requirements  for  the  closure  and
aftercare  operations;

the  obligation  on  the  applicant  to  report  at  least
annually to the competent authority on the types and
quantities  of  waste  disposed  of  and  on  the  results  of
the monitoring programme as required in Articles 12
and  13  and  Annex  III.

Article  10

Cost  of  the  landfill  of  waste

Member  States  shall  take  measures  to  ensure  that  all  of
the  costs  involved  in  the  setting  up  and  operation  of  a
landfill  site,  including  as  far  as  possible  the  cost  of  the
financial  security  or 
in
Article 8(a)(iv), and the estimated costs of the closure and
aftercare of the site for a period of at least 30 years shall
be covered by the price to be charged by the operator for
the  disposal  of  any  type  of  waste  in  that  site.  Member
States  shall  ensure  the  collection  of  any  necessary  cost
information.

its  equivalent  referred 

to 

Article  11

Waste  acceptance  procedures

1. Member  States  shall  take  measures  in  order  that
prior  to  accepting  the  waste  at  the  landfill  site:

(a) before  or  at  the  time  of  delivery,  or  of  the  first  in  a
series  of  deliveries,  provided  the  type  of  waste
remains  unchanged,  the  holder  or  the  operator  can
show,  by  means  of  the  appropriate  documentation,
that  the  waste  in  question  can  be  accepted  at  that
site according to the conditions set in the permit, and
that  it  fulfils  the  acceptance  criteria  set  out  in
Annex  II;

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(b)

the  following  reception  procedures  are  respected  by
the  operator:

such  exempted  sites  forms  part  of  the  regular  reports  to
the  Commission  on  the  implementation  of  the  Directive.

— checking  of  the  waste  documentation,  including
those  documents  required  by  Article  5(3)  of
Directive  91/689/EEC  and,  where  they  apply,
those  required  by  Council  Regulation  (EEC)
No  259/93  of  1  February  1993  on 
the
supervision  and  control  of  shipments  of  waste
within, 
the  European
Community (1),

into  and  out  of 

— visual inspection of the waste at the entrance and
at  the  point  of  deposit  and,  as  appropriate,
verification  of  conformity  with  the  description
provided  in  the  documentation  submitted  by  the
holder. If representative samples have to be taken
in  order  to  implement  Annex  II,  point  3,  level  3,
the  results  of  the  analyses  shall  be  kept  and  the
in  conformity  with
sampling  shall  be  made 
Annex II, point 5. These samples shall be kept at
least  one  month,

— keeping  a 

register  of 

the  quantities  and
characteristics  of  the  waste  deposited,  indicating
origin,  date  of  delivery,  identity  of  the  producer
or  collector  in  the  case  of  municipal  waste,  and,
in  the  case  of  hazardous  waste,  the  precise
location  on  the  site.  This  information  shall  be
made  available  to  the  competent  national  and
Community  statistical authorities  when  requested
for  statistical  purposes;

(c)

the  operator  of  the  landfill  shall  always  provide
written  acknowledgement  of  receipt  of  each  delivery
accepted  on  the  site;

(d) without  prejudice  to  the  provisions  of  Regulation
(EEC)  No  259/93,  if  waste  is  not  accepted  at  a
landfill  the  operator  shall  notify  without  delay  the
competent  authority  of  the  non-acceptance  of  the
waste.

2.
For  landfill  sites  which  have  been  exempted  from
provisions  of  this  Directive  by  virtue  of  Article  3(4)  and
(5),  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
waste  from  the  island  or  the  isolated  settlement  is
accepted  at  the  site;  and

Article  12

Control  and  monitoring  procedures  in  the  operational
phase

Member  States  shall  take  measures  in  order  that  control
and monitoring procedures in the operational phase meet
at  least  the  following  requirements:

(a)

(b)

the  operator  of  a  landfill  shall  carry  out  during  the
operational  phase  a 
control  and  monitoring
programme  as  specified  in  Annex  III;

the  operator  shall  notify  the  competent  authority  of
any significant adverse environmental effects revealed
by the control and monitoring procedures and follow
the  decision  of  the  competent  authority  on  the
nature  and  timing  of  the  corrective  measures  to  be
taken.  These  measures  shall  be  undertaken  at  the
expense  of  the  operator.

At  a  frequency  to  be  determined  by  the  competent
authority,  and  in  any  event  at  least  once  a  year,  the
operator  shall  report,  on  the  basis  of  aggregated
data,  all  monitoring  results 
the  competent
to 
the  purpose  of  demonstrating
for 
authorities 
compliance  with  permit  conditions  and  increasing
the  knowledge  on  waste  behaviour  in  the  landfills;

(c)

the quality control of the analytical operations of the
control  and  monitoring  procedures  and/or  of  the
analyses  referred  to  in  Article  11(1)(b)  are  carried
out  by  competent  laboratories.

Article  13

Closure  and  aftercare  procedures

Member  States  shall  take  measures  in  order  that,  in
accordance,  where  appropriate,  with  the  permit:

(a) a  landfill  or  part  of  it  shall  start  the  closure

— a register on the quantities of waste that are deposited

procedure:

at  the  site  be  kept.

Member  States  shall  ensure  that  information  on  the
quantities and, where possible, the type of waste going to

(i) when  the  relevant  conditions  stated  in  the

permit  are  met,  or

(ii) under  the  authorisation  of  the  competent
authority,  at  the  request  of  the  operator,  or

(1) OJ  L  30,  6.2.1993,  p.  1.  Regulation  as  amended  by
Regulation  (EC)  No  120/97  (OJ  L  22,  24.1.1997,  p.  14).

(iii) by 

reasoned  decision  of 

the 

competent

authority;

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(b) a  landfill  or  part  of  it  may  only  be  considered  as
definitely  closed  after  the  competent  authority  has
carried out a final on-site inspection, has assessed all
the  reports  submitted  by  the  operator  and  has
communicated  to  the  operator  its  approval  for  the
closure.  This  shall  not  in  any  way  reduce  the
responsibility of the operator under the conditions of
the  permit;

(c) on  the  basis  of  the  approved  site-conditioning  plan,
the competent authority shall authorise the necessary
work and shall lay down a transitional period for the
completion  of  the  plan.  Any  existing  landfill  shall
comply  with  the  requirements  of  this  Directive  with
the exception of the requirements in Annex I, point 1
within  eight  years  after  the  date  laid  down  in
Article  18(1);

(c) after  a 

landfill  has  been  definitely  closed,  the
operator  shall  be  responsible  for  its  maintenance,
monitoring  and  control  in  the  aftercare  phase  for  as
long as may be required by the competent authority,
taking  into  account  the  time  during  which  the
landfill  could  present  hazards.

The operator  shall notify the competent  authority of
any significant adverse environmental effects revealed
by  the  control  procedures  and  shall  follow  the
decision  of  the  competent  authority  on  the  nature
and  timing  of  the  corrective  measures  to  be  taken;

(d)

is 

landfill 

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

Article  14

Existing  landfill  sites

Member States shall take measures in order that landfills
which  have  been  granted  a  permit,  or  which  are  already
in operation at the time of transposition of this Directive,
may  not  continue  to  operate  unless  the  steps  outlined
below  are  accomplished  as  soon  as  possible  and  within
eight years after the date laid down in Article 18(1) at the
latest:

(a) within a period of one year after the date laid down
in  Article  18(1),  the  operator  of  a  landfill  shall
prepare and present to the competent authorities, for
their  approval,  a  conditioning  plan  for  the  site
including  the  particulars  listed  in  Article  8  and  any
corrective  measures  which  the  operator  considers
in  order  to  comply  with  the
will  be  needed 
requirements  of  this  Directive  with  the  exception  of
the  requirements  in  Annex  I,  point  1;

(b)

following  the  presentation  of  the  conditioning  plan,
the  competent  authorities  shall  take  a  definite
decision on whether operations may continue on the
basis of the said conditioning plan and this Directive.
Member  States  shall  take  the  necessary  measures  to
close  down  as  soon  as  possible,  in  accordance  with
Articles  7(g)  and  13,  sites  which  have  not  been
granted,  in  accordance  with  Article  8,  a  permit  to
continue  to  operate;

(d)

(i) within  one  year  after  the  date  laid  down  in
Article 18(1), Articles 4, 5, and 11 and Annex II
shall  apply  to  landfills  for  hazardous  waste;

(ii) within  three  years  after  the  date  laid  down  in
Article  18(1),  Article  6  shall  apply  to  landfills
for  hazardous  waste.

Article  15

Obligation  to  report

At  intervals  of  three  years  Member  States  shall  send  to
the  Commission  a  report  on  the  implementation  of  this
Directive,  paying  particular  attention  to  the  national
strategies  to  be  set  up  in  pursuance  of  Article  5.  The
report  shall  be  drawn  up  on  the  basis  of  a  questionnaire
or outline drafted by the Commission in accordance with
the  procedure  laid  down  in  Article  6  of  Directive
91/692/EEC (1). The questionnaire or outline shall be sent
to  Member  States  six  months  before  the  start  of  the
period  covered  by  the  report.  The  report  shall  be  sent  to
the  Commission  within  nine  months  of  the  end  of  the
three-year  period  covered  by  it.

The  Commission  shall  publish  a  Community  report  on
the  implementation  of  this  Directive  within  nine  months
of  receiving  the  reports  from  the  Member  States.

Article  16

Committee

Any  amendments  necessary  for  adapting  the  Annexes  to
this Directive to scientific and technical progress and any
proposals  for  the  standardisation  of  control,  sampling
and  analysis  methods  in  relation  to  the  landfill  of  waste
shall  be  adopted  by  the  Commission,  assisted  by  the
committee  established  by  Article  18  of  Directive
75/442/EEC  and  in  accordance  with  the  procedure  set
out  in  Article  17  of  this  Directive.  Any  amendments  to
the Annexes shall only be made in line with the principles
laid  down  in  this  Directive  as  expressed  in  the  Annexes.
To  this  end,  as  regards  Annex  II,  the  following  shall  be
observed  by  the  committee:  taking  into  account  the

(1) OJ  L  377,  31.12.1991,  p.  48.

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general  principles  and  general  procedures  for  testing  and
acceptance criteria as set out in Annex II, specific criteria
and/or test methods and associated limit values should be
set for each class of landfill, including if necessary specific
types of landfill within each class, including underground
storage.  Proposals  for  the  standardisation  of  control,
sampling and analysis methods in relation to the Annexes
of  this  Directive  shall  be  adopted  by  the  Commission,
assisted  by  the  committee,  within  two  years  after  the
entry  into  force  of  this  Directive.

for 

the 

The  Commission,  assisted  by  the  committee,  will  adopt
regular
provisions 
transmission  of  the  statistical  date  referred  to 
in
Articles  5,  7  and  11  of  this  Directive,  within  two  years
after  the  entry  into  force  of  this  Directive,  and  for  the
amendments  of  such  provisions  when  necessary.

harmonisation 

and 

Article  17

Committee  procedure

Council  a  proposal  relating  to  the  measures  to  be  taken.
The  Council  shall  act  by  a  qualified  majority.

If  on  the  expiry  of  a  period  of  three  months  from  the
date of referral to the Council, the Council has not acted,
the
the  proposed  measures  shall  be  adopted  by 
Commission.

Article  18

Transposition

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  not  later  than  two  years  after
its  entry  into  force.  They  shall  forthwith  inform  the
Commission  thereof.

When  Member  States  adopt  these  measures,  they  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  on  the  occasion  of  their
official  publication.  The  methods  of  making  such  a
reference  shall  be  laid  down  by  Member  States.

The  Commission  shall  be  assisted  by  a  committee
composed  of  the  representatives  of  the  Member  States
and  chaired  by  the  representative  of  the  Commission.

2. Member  States  shall  communicate  the  texts  of  the
provisions  of  national  law  which  they  adopt  in  the  field
covered  by  this  Directive  to  the  Commission.

The representative of the Commission shall submit to the
committee  a  draft  of  the  measures  to  be  taken.  The
committee  shall  deliver  its  opinion  on  the  draft  within  a
time  limit  which  the  chairman  may  lay  down  according
to  the  urgency  of  the  matter.  The  opinion  shall  be
delivered  by  the  majority  laid  down  in  Article  148(2)  of
the  Treaty  in  the  case  of  decisions  which  the  Council  is
required  to  adopt  on  a  proposal  from  the  Commission.
The  votes  of  the  representatives  of  the  Member  States
within the Committee shall be weighted in the manner set
out  in  that  Article.  The  chairman  shall  not  vote.

The  Commission  shall  adopt  the  measures  envisaged  if
they  are 
the
committee.

in  accordance  with 

the  opinion  of 

Article  19

Entry  into  force

This  Directive  will  enter  into  force  on  the  day  of  its
publication  in  the  Official  Journal  of  the  European
Communities.

Article  20

Addressees

This  Directive  is  addressed  to  the  Member  States.

Done  at  . . .

If  the  measures  envisaged  are  not  in  accordance  with  the
opinion  of  the  committee,  or  if  no  opinion  is  delivered,
the  Commission  shall,  without  delay,  submit  to  the

For  the  Council

The  President

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ANNEX  I

GENERAL  REQUIREMENTS  FOR  ALL  CLASSES  OF  LANDFILLS

1.

Location

1.1. The  location  of  a  landfill  must  take  into  consideration  requirements  relating  to:

(a)

the  distances  from  the  boundary  of  the  site  to  residential  and  recreation  areas,  waterways,  water
bodies  and  other  agricultural  or  urban  sites;

(b)

the  existence  of  groundwater,  coastal  water  or  nature  protection  zones  in  the  area;

(c)

the  geological  and  hydrogeological  conditions  in  the  area;

(d)

the  risk  of  flooding,  subsidence,  landslides  or  avalanches  on  the  site;

(e)

the  protection  of  the  natural  or  cultural  patrimony  in  the  area.

1.2. The landfill can be authorised only if the characteristics of the site with respect to the abovementioned
requirements, or the corrective measures to be taken, indicate that the landfill does not pose a serious
environmental risk.

2. Water  control  and  leachate  management

Appropriate  measures  shall  be  taken,  with  respect  to  the  characteristics  of  the  landfill  and  the
meteorological  conditions,  in  order  to:

— control  water  from  precipitations  entering  into  the  landfill  body,

— prevent  surface  water  and/or  groundwater  from  entering  into  the  landfilled  waste,

— collect contaminated water and leachate. If an assessment based on cnsideration of the location of
the  landfill  and  the  waste  to  be  accepted  shows  that  the  landfill  poses  no  potential  hazard  to  the
environment,  the  competent  authority  may  decide  that  this  provision  does  not  apply,

— treat  contaminated  water  and  leachate  collected  from  the  landfill  to  the  appropriate  standard

required  for  their  discharge.

The  above  provisions  may  not  apply  to  landfills  for  inert  waste.

3.

Protection  of  soil  and  water

3.1. A  landfill  must  be  situated  and  designed  so  as  to  meet  the  necessary  conditions  for  proventing
pollution of the soil, groundwater of surface water and ensuring efficient collection of leachate as and
when  required  according  to  section  2.  Protection  of  soil,  groundwater  and  surface  water  is  to  be
achieved  by  the  combination  of  a  geological  barrier  and  a  bottom  liner  during  the  operational/active
phase  and  by  the  combination  of  a  geological  barrier  and  a  top  liner  during  the  passive  phase/post
closure.

3.2. The  geological  barrier  is  determined  by  geological  and  hydrogeological  conditions  below  and  in  the
vicinity of a landfill site providing sufficient attenuation capacity to prevent a potential risk to soil and
groundwater.

The  landfill  base  and  sides  shall  consist  of  a  mineral  layer  which  satisfies  permeability  and  thickness
requirements with a combined effect in terms of protection of soil, groundwater and surface water at
least  equivalent  to  the  one  resulting  from  the  following  requirements:

— landfill  for  hazardous  waste:  K  #  1,0  ×  10−9  m/s;  thickness  $  5  m

— landfill  for  non-hazardous  waste:  K  #  1,0  ×  10−9  m/s;  thickness  $  1  m

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— landfill  for  inert  waste:  K  #  1,0  ×  10−7  m/s;  thickness  $  1  m

m/s  =  meter/second

Where  the  geological  barrier  does  not  naturally  meet  the  above  conditions  it  can  be  completed
aftificially  and  reinforced  by  other  means  giving  equivalent  protection.  An  artificially  established
geological  barrier  should  be  no  less  than  0,5  metres  thick.

3.3.

In addition to the geological barrier described above a leachate collection and sealing system must be
added  in  accordance  with  the  following  principles  so  as  to  ensure  that  leachate  accumulation  at  the
base  of  the  landfill  is  kept  to  a  minimum:

Leachate  collection  and  bottom  sealing

Landfill category

Non  hazardous

Hazardous

Artificial sealing liner
Drainage  layer $  0,5  m

Required

Required

Required

Required

Member  States  may  set  general  or  specific  requirements  for  inert  waste  landfills  and  for  the
characteristics  of  the  abovementioned  technical  means.

If the competent authority after a consideration of the potential hazards to the environment finds that
the  prevention  of 
is  necessary,  a  surface  sealing  may  be  prescribed.
Recommendations  for  the  surface  sealing  are  as  follows:

leachate  formation 

Landfill category

Non  hazardous

Hazardous

Gas  drainage  layer

Artificial sealing liner

Impermeable mineral layer
Drainage  layer .  0,5  m
Topsoil  cover  .  1  m

Required

Not  required

Not  required

Required

Required

Required

Required

Required

Required

Required

3.4.

If,  on  the  basis  of  an  assessment  of  environmental  risks  taking  into  account,  in  particular,  Directive
80/68/EEC (1),  the  competent  authority  has  decided,  in  accordance  with  section  2  (Water  control  and
leachate  management),  that  collection  and  treatment  of  leachate  is  not  necessary  or  it  has  been
established  that  the  landfill  poses  no  potential  hazard  to  soil,  groundwater  or  surface  water,  the
requirements  in  paragraphs  3.2  and  3.3  may  be  reduced  accordingly.  In  the  case  of  landfills  for  inert
waste  these  requirements  may  be  adapted  by  national  legislation.

3.5. The  method  to  be  used  for  the  determination  of  the  permeability  coefficient  for  landfills,  in  the  field
and  for  the  whole  extension  of  the  site,  is  to  be  developed  and  approved  by  the  committee  set  up
under  Article  17  of  this  Directive.

4.

Gas  control

4.1. Appropriate measures shall be taken in order to control the accumulation and migration of landfill gas

(Annex  III).

4.2. Landfill gas shall be collected from all landfills receiving biodegradable waste and the landfill gas must
be  treated  and  used.  If  the  gas  collected  cannot  be  used  to  produce  energy,  it  must  be  flared.

4.3. The collection, treatment and use of landfill gas under paragraph 4.2 shall be carried on in a manner

which  minimises  damage  to  or  deterioration  of  the  environment  and  risk  to  human  health.

(1) OJ  L  20,  26.1.1980,  p.  43.  Directive  as  last  amended  by  Directive  91/692/EEC  (OJ  L  377,  31.12.1991,  p.  48).

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5. Nuisances  and  hazards

Measures  shall  be  taken  to  minimise  nuisances  and  hazards  arising  from  the  landfill  through:

— emissions  of  odours  and  dust,

— wind-blown  materials,

— noise  and  traffic,

— birds,  vermin  and  insects,

— formation  of  aerosols,

— fires.

The landfill shall be equipped so that dirt originating from the site is not dispersed onto public roads
and  the  surrounding  land.

6.

Stability

The emplacement of waste on the site shall take place in such a way as to ensure stability of the mass
of waste and associated structures, particularly in respect of avoidance of slippages. Where an artificial
barrier  is  established  it  must  be  ascertained  that  the  geological  substratum,  considering  the
morphology  of  the  landfill,  is  sufficiently  stable  to  prevent  settlement  that  may  cause  damage  to  the
barrier.

7.

Barriers

The  landfill  shall  be  secured  to  prevent  free  access  to  the  site.  The  gates  shall  be  locked  outside
operating  hours.  The  system  of  control  and  access  to  each  facility  should  contain  a  programme  of
measures  to  detect  and  discourage  illegal  dumping  in  the  facility.

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ANNEX  II

WASTE  ACCEPTANCE  CRITERIA  AND  PROCEDURES

1.

Introduction

This  Annex  describes:

— general  principles  for  acceptance  of  waste  at  the  various  classes  of  landfills.  The  future  waste

classification  procedure  should  be  based  on  these  principles,

— guidelines  outlining  preliminary  waste  acceptance  procedures  to  be  followed  until  a  uniform  waste
classification  and  acceptance  procedure  has  been  developed.  This  procedure  will,  together  with  the
relevant  sampling  procedures,  be  developed  by  the  technical  committee  referred  to  in  Article  16  of
this  Directive.  The  technical  committee  shall  develop  criteria  which  have  to  be  fulfilled  for  certain
hazardous  waste  to  be  accepted  in  landfills  for  non-hazardous  waste.  These  criteria  should,  in
particular,  take  into  account  the  short-,  medium-  and  long-term  leaching  behaviour  of  such  waste.
These  criteria  shall  be  developed  within  two  years  of  the  entry  into  force  of  this  Directive.  The
technical committee shall also develop criteria which have to be fulfilled for waste to be accepted in
underground storage. These criteria must take into account, in particular, that the waste is not to be
expected  to  react  with  each  other  and  with  the  rock.

This  work  by  the  technical  committee,  with  the  exception  of  proposals  for  the  standardisation  of
control,  sampling  and  analysis  methods  in  relation  to  the  Annexes  of  this  Directive  which  shall  be
adopted within two years after the entry into force of this Directive, shall be completed within three
years  from  the  entry  into  force  of  this  Directive  and  must  be  carried  out  having  regard  to  the
objectives  set  forth  in  Article  1  of  this  Directive.

2. General principles

The  composition,  leachability,  long-term  behaviour  and  general  properties  of  a  waste  to  be  landfilled
must  be  known  as  precisely  as  possible.  Waste  acceptance  at  a  landfill  can  be  based  either  on  lists  of
accepted or refused waste, defined by nature and origin, and on waste analysis methods and limit values
for the properties of the waste to be accepted. The future waste acceptance procedures described in this
Directive  shall  as  far  as  possible  be  based  on  standardised  waste  analysis  methods  and  limit  values  for
the  properties  of  waste  to  be  accepted.

Before  the  definition  of  such  analysis  methods  and  limit  values,  Member  States  should  at  least  set
national lists of waste to be accepted or refused at each class of landfill, or define the criteria required to
be  on  the  lists.  In  order  to  be  accepted  at  a  particular  class  of  landfill,  a  type  of  waste  must  be  on  the
relevant  national  list  or  fulfil  criteria  similar  to  those  required  to  be  on  the  list.  These  lists,  or  the
equivalent criteria, and the analysis methods and limit values shall be sent to the Commission within six
months  of  the  transposition  of  this  Directive  or  whenever  they  are  adopted  at  national  level.

These  lists  or  acceptance  criteria  should  be  used  to  establish  site-specific  lists,  i.e.  the  list  of  accepted
waste  specified  in  the  permit  in  accordance  with  Article  9  of  this  Directive.

The criteria for acceptance of waste on the reference lists or at a class of landfill may be based on other
legislation  and/or  on  waste  properties.

Criteria  for  acceptance  at  a  specific  class  of  landfill  must  be  derived  from  considerations  pertaining
to:

— protection  of  the  surrounding  environment  (in  particular  groundwater  and  surface  water),

— protection  of  the  environmental  protection  systems  (e.g.  liners  and  leachate  treatment  systems),

— protection  of  the  desired  waste-stabilisation  processes  within  the  landfill,

— protection  against  human-health  hazards.

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Examples  of  waste  property-based  criteria  are:

— requirements  on  knowledge  of  total  composition,

— limitations  on  the  amount  of  organic  matter  in  the  waste,

— requirements  or  limitations  on  the  biodegradability  of  the  organic  waste  components,

— limitations on the amount of specified, potentially harmful/hazardous components (in relation to the

abovementioned  protection  criteria),

— limitations  on  the  potential  and  expected  leachability  of  specified,  potentially  harmful/hazardous

components  (in  relation  to  the  abovementioned  protection  criteria),

— ecotoxicological  properties  of  the  waste  and  the  resulting  leachate.

The  property-based  criteria  for  acceptance  of  waste  must  generally  be  most  extensive  for  inert  waste
landfills  and  can  be  less  extensive  for  non-hazardous  waste  landfills  and  least  extensive  for  hazardous
waste  landfills  owing  to  the  higher  environmental  protection  level  of  the  latter  two.

3. General  procedures  for  testing  and  acceptance  of  waste

The  general  characterisation  and  testing  of  waste  must  be  based  on  the  following  three  level
hierarchy:

Level  1: Basic  characterisation.  This  constitutes  a  thorough  determination,  according  to  standardised
analysis and behaviour-testing methods, of the short- and long-term leaching behaviour and/or
characteristic  properties  of  the  waste.

Level 2: Compliance  testing.  This  constitutes  periodical  testing  by  similar  standardised  analysis  and
behaviour-testing  methods  to  determine  whether  a  waste  complies  with  permit  conditions
and/or specific reference criteria. The tests focus on key variables and behaviour identified by
basic characterisation.

Level 3: On-site verification. This constitutes rapid check methods to confirm that a waste is the same
as  that  which  has  been  subjected  to  compliance  testing  and  that  which  is  described  in  the
accompanying  documents.  It  may  merely  consist  of  a  visual  inspection  of  a  load  of  waste
before  and  after  unloading  at  the  landfill  site.

A particular type of waste must normally be characterised at level 1 and pass the appropriate criteria in
order  to  be  accepted  on  a  reference  list.  In  order  to  remain  on  a  site-specific  list,  a  particular  type  of
waste must at regular intervals (e.g. annually) be tested at level 2 and pass the appropriate criteria. Each
waste  load  arriving  at  the  gate  of  a  landfill  must  be  subjected  to  level  3  verification.

Certain  waste  types  may  be  exempted  permanently  or  temporarily  from  testing  at  level  1.  This  may  be
due  to  impracticability  of  testing,  to  unavailability  of  appropriate  testing  procedures  and  acceptance
criteria  or  to  overriding  legislation.

4. Guidelines  for  preliminary  waste  acceptance  procedures

Until  this  Annex  is  fully  completed  only  level-3  testing  is  mandatory  and  level  1  and  level  2  applied  to
the  extent  possible.  At  this  preliminary  stage  waste  to  be  accepted  at  a  particular  class  of  landfill  must
either  be  on  a  restrictive  national  or  site-specific  list  for  that  class  of  landfill  or  fulfil  criteria  similar  to
those  required  to  get  on  the  list.

The  following  general  guidelines  may  be  used  to  set  preliminary  criteria  for  acceptance  of  waste  at  the
three  major  classes  of  landfill  or  the  corresponding  lists:

— inert  waste  landfills:  only  inert  waste  as  defined  in  Article  2(e)  can  be  accepted  on  the  list,

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— non-hazardous  waste  landfills:  in  order  to  be  accepted  on  the  list  a  waste  type  must  not  be  covered

by  Directive  91/689/EEC,

— hazardous  waste  landfills:  a  preliminary  rough  list  for  hazardous  waste  landfills  would  consist  of
only those waste types covered by Directive 91/689/EEC. Such waste types should, however, not be
accepted  on  the  list  without  prior  treatment  if  they  exhibit  total  contents  or  leachability  of
potentially  hazardous  components  that  are  high  enough  to  constitute  a  short-term  occupational  or
environmental  risk  or  to  prevent  sufficient  waste  stabilisation  within  the  projected  lifetime  of  the
landfill.

5. Sampling  of  waste

Sampling  of  waste  may  pose  serious  problems  with  respect  to  representation  and  techniques  owing  to
the  heterogeneous  nature  of  many  wastes.  A  European  standard  for  sampling  of  waste  will  be
developed.  Until  this  standard  is  approved  by  Member  States  in  accordance  with  Article  17  of  this
Directive,  the  Member  States  may  apply  national  standards  and  procedures.

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ANNEX  III

CONTROL  AND  MONITORING  PROCEDURES  IN  OPERATION  AND  AFTER-CARE  PHASES

1.

Introduction

The  purpose  of  this  Annex  is  to  provide  the  minimum  procedures  for  monitoring  to  be  carried  out  to
check:

— that  waste  has  been  accepted  for  disposal  in  accordance  with  the  criteria  set  for  the  category  of

landfill  in  question:

— that  the  processes  within  the  landfill  proceed  as  desired,

— that  the  environmental  protection  systems  are  functioning  fully  as  intended,

— that  the  permit  conditions  for  the  landfill  are  fulfilled.

2. Meteorological data

Under  their  reporting  obligation  (Article  15),  Member  States  should  supply  data  on  the  collection
method  for  meteorological  data.  It  is  up  to  Member  States  to  decide  how  the  data  should  be  collected
(in  situ,  national  meteorological  network,  etc.).

Should Member States decide that water balances are an effective tool for evaluating whether leachate is
building up in the landfill body or whether the site is leaking, it is recommended that the following data
are  collected  from  monitoring  at  the  landfill  or  from  the  nearest  meteorological  station,  as  long  as
required  by  the  competent  authority  in  accordance  with  Article  13(c)  of  this  Directive:

Operation  phase

Aftercare  phase

Daily

Daily

Daily

Daily

Daily

Daily,  added  to
monthly  values

Monthly average

Not  required

Daily,  added  to
monthly  values

Monthly average

1.1. Volume  of  precipitation

1.2. Temperature  (min.,  max.,  14.00  CET)

1.3. Direction  and  force  of  prevailing  wind

1.4. Evaporation (lysimeter) (1)

1.5. Atmospheric  humidity  (14.00  CET)

(1) Or  through  other  suitable  methods.

3. Emission  data:  water,  leachate  and  gas  control

Sampling  of  leachate  and  surface  water  if  present  must  be  collected  at  representative  points.  Sampling
and  measuring  (volume  and  composition)  of  leachate  must  be  performed  separately  at  each  point  at
which  leachate  is  discharged  from  the  site.  Reference:  general  guidelines  on  sampling  technology,
ISO 5667-2  (1991).

Monitoring  of  surface  water  if  present  shall  be  carried  out  at  not  less  than  two  points,  one  upstream
from  the  landfill  and  one  downstream.

Gas  monitoring  must  be  representative  for  each  section  of  the  landfill.

The  frequency  of  sampling  and  analysis  is  listed  in  the  following  table.

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For  leachate  and  water,  a  sample,  representative  of  the  average  composition,  shall  be  taken  for
monitoring.

2.1. Leachate  volume

2.2. Leachate  composition (2)

2.3. Volume  and  composition  of  surface  water (7)

2.4. Potential  gas  emissions  and  atmospheric
pressure (4)  (CH4,  CO2,  O2,  H2S,  H2  etc.)

Operating  phase

Aftercare  phase (3)

Monthly (1) (3)

Every  six  months

Quarterly (3)

Quarterly (3)

Every  six  months

Every  six  months

Monthly (3) (5)

Every  six  months (6)

(1) The  frequency  of  sampling  could  be  adapted  on  the  basis  of  the  morphology  of  the  landfill  waste  (in  tumulus,

buried,  etc).  This  has  to  be  specified  in  the  permit.

(2) The  parameters  to  be  measured  and  the  substances  to  be  analysed  vary  according  to  the  composition  of  the  waste
deposited;  they  must  be  laid  down  in  the  permit  document  and  reflect  the  leaching  characteristics  of  the  wastes.
(3) If  the  evaluation  of  data  indicates  that  longer  intervals  are  equally  effective,  they  may  be  adapted.  For  leachates,

conductivity  must  always  be  measured  at  least  once  a  year.

(4) These  measurements  are  related  mainly  to  the  content  of  organic  material  in  the  waste.
(5) CH4, CO2, O2, regularly, other gases as required, according to the composition of the waste deposited, with a view

to  reflecting  its  leaching  properties.

(6) Efficiency  of  the  gas  extraction  system  must  be  checked  regularly.
(7) On  the  basis  of  the  characteristics  of  the  landfill  site,  the  competent  authority  may  determine  that  these
measurements  are  not  required,  and  will  report  accordingly  in  the  way  laid  down  in  Article  15  of  the  Directive.

2.1  and  2.2  apply  only  where  leachate  collection  takes  place  (see  Annex  I(2)).

4. Protection  of  groundwater

A. SAMPLING

The measurements must be such as to provide information on groundwater likely to be affected by the
discharging of waste, with at least one measuring point in the groundwater inflow region and two in the
outflow region. This number can be increased on the basis of a specific hydrogeological survey and the
need  for  an  early  identification  of  accidental  leachate  release  in  the  groundwater.

Sampling must be carried out in at least three locations before the filling operations in order to establish
reference  values  for  future  sampling.  Reference  Sampling  groundwaters,  ISO  5667,  Part  11,  1993.

B. MONITORING

The parameters to be analysed in the samples taken must be derived from the expected composition of
the  leachate  and  the  groundwater  quality  in  the  area.  In  selecting  the  parameters  for  analysis,  account
should be taken of mobility in the groundwater zone. Parameters could include indicator parameters in
order  to  ensure  an  early  recognition  of  change  in  water  quality (1).

Level  of  groundwater

Groundwater  composition

Operation  phase

Aftercare  phase

Every  six  months (1)

Every  six  months (1)

Site-specific
frequency (2) (3)

Site-specific
frequency (2) (3)

(1) If  there  are  fluctuating  groundwater  levels,  the  frequency  must  be  increased.
(2) The frequency must be based on possibility for remedial actions between two samplings if a trigger level is reached,
i.e. the frequency must be determined on the basis of knowledge and the evaluation of the velocity of groundwater
flow.

(3) When a trigger level is reached (see C), verification is necessary by repeating the sampling. When the level has been

confirmed,  a  contingency  plan  (laid  down  in  the  permit)  must  be  followed.

C. TRIGGER  LEVELS

Significant adverse environmental effects, as referred to in Articles 12 and 13 of this Directive, should be
considered  to  have  occurred  in  the  case  of  groundwater,  when  an  analysis  of  a  groundwater

(1) Recommended  parameters:  pH,  TOC,  phenols,  heavy  metals,  fluoride,  AS,  oil/hydrocarbons.

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sample shows a significant change in water quality. A trigger level must be determined taking account of
the  specific  hydrogeological  formations  in  the  location  of  the  landfill  and  groundwater  quality.  The
trigger  level  must  be  laid  down  in  the  permit  whenever  possible. 

The observations must be evaluated by means of control charts with established control rules and levels
for each downgradient well. The control levels must be determined from local variations in groundwater
quality.

5. Topography  of  the  site:  data  on  the  landfill  body

Operating  phase

After-care  phase

5.1. Structure  and  composition  of  landfill  body (1)

Yearly

5.2. Settling  behaviour  of  the  level  of  the  landfill

Yearly

Yearly reading

body

(1) Data  for  the  status  plan  of  the  concerned  landfill:  surface  occupied  by  waste,  volume  and  composition  of  waste,
methods  of  depositing,  time  and  duration  of  depositing,  calculation  of  the  remaining  capacity  still  available  at  the
landfill.

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STATEMENT  OF  THE  COUNCIL’S  REASONS

I.

INTRODUCTION

1. On  14  March  1997  the  Commission  submitted  a  proposal  for  a  Directive (1),  based  on

Article  130s(1),  on  the  landfill  of  waste.

2. The  European  Parliament  delivered  its  opinion  on  19  February  1998 (2)  at  a  first
reading,  proposing  29  amendments.  Following  receipt  of  that  opinion  the  Commission
submitted  an  amended  proposal (3)  on  26  March  1998.

The  Economic  and  Social  Committee  delivered  its  opinion  on  1  October  1997.

3. On  4  June  1998  the  Council  adopted  its  Common  Position  in  accordance  with

Article  189c  of  the  Treaty.

II. PURPOSE

4. With  the  aim  of  preventing  or  reducing  as  far  as  possible  negative  effects  on  the
environment  from  landfilling  of  waste,  as  well  as  any  resulting  risks  to  human  health,
during  the  whole  life  cycle  of  the  landfill,  this  proposal  establishes  in  the  form  of  a
framework  Directive  and  on  the  basis  of  a  classification  of  waste  and  of  landfills  for
hazardous,  non-hazardous  and  inert  wastes,

— the  procedures  for  issuing  a  permit  for  the  acceptance  of  waste  at  a  landfill,  the
control  and  monitoring  procedures  in  the  operational  phase  and  the  closure
procedure,

— the  technical  conditions  to  be  met  by  sites  and  facilities  which  are  to  serve  as

landfills,  and  the  waste  to  be  accepted  in  the  different  classes  of  landfill,

— the  authorisation  procedures  for  the  opening  of  a  landfill,

— the  targets  to  be  achieved  by  national  strategies  for  the  implementation  of  the

reduction  of  biodegradable  municipal  waste  going  to  landfills.

III. ANALYSIS  OF  THE  COMMON  POSITION

General  comments

5.

In  view  of  the  above  objective,  aware  of  the  part  played  by  local,  natural  conditions  in
the  establishment  and  operation  of  landfills  and  taking  into  consideration  particular
conditions  prevailing  in  Member  States  as  regards  their  production  of  waste  and  their
current  waste  disposal  practices,  the  Council  has  endeavoured  to  retain  the  provisions
which guarantee a high level of health and environmental protection without seeking to
ineffective  or  even
impose  systematic  harmonisation,  which  would  have  been 
inapplicable.  In  compliance  with  the  principle  of  subsidiarity  and  in  the  light  of  the
above  consideration,  the  provisions  adopted  essentially  resulted  in  amendment  of  the
Commission proposal to improve comprehensibility and flexibility. These changes relate
chiefly  to  the  scope,  the  strategy  for  the  reduction  of  biodegradable  waste  going  to
landfills,  and  the  timetable  for  existing  landfills.

6. On  the  basis  of  the  above  guidelines  the  Council  was  able  to  include  —  verbatim,  in

substance  or  in  part:

(1) OJ  C  156,  24.5.1997,  p.  10.
(2) OJ  C  80,  16.3.1998,  p.  204.
(3) OJ  C  126,  24.4.1998,  p.  11.

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— the  European  Parliament  amendments  the  Commission  had  incorporated  into  its
amended  proposal,  with  the  exception  of  amendments  1,  6,  10,  11,  19,  21,  24,  26
and  29,

— amendments  2,  3,  7,  12  and  31,  which  the  Commission  had  not  incorporated  in  its

amended  proposal.

Specific  comments

(The  references  below  relate,  save  where  otherwise  indicated,  to  the  text  of  the  amended
proposal.  References  to  the  common  position  are  given  in  bold  type.)

The  main  modifications  made  by  the  Council  to  the  Commission’s  amended  proposal  are
the  following:

(i) Article  1

Instead  of  listing  all  the  different  phases  in  the  life  cycle  of  a  landfill  the  Council  found  it
more  satisfactory  to  refer,  in  this  general  Article,  to  the  ‘whole  life  cycle  of  the  landfill’.

Given  the  similarity  of  the  overall  objective  of  this  Directive  to  that  of  Directive  96/61/EC
(the  IPPC  Directive)  the  Council  considered  it  useful  to  clarify  their  mutual  relationship  in
the second paragraph of Article 1. Accordingly the second sentence of Article 3(1) has been
deleted.

(ii) Article  2

In  Article  2(b),  the  words  ‘commercial,  industrial,  institutional  and  . . .’  have  been  deleted,
since  the  origin  of  waste  is  not  decisive  in  the  structure  of  the  Directive.

The  definition  of  hazardous  waste  (paragraph  (c))  has  been  made  more  consistent  by
referring  directly  to  the  basis  provision  in  Community  law,  i.e.  Article  1(4)  of  Directive
91/689/EEC.

Definitions  (f)  and  (g):  in  order  to  bring  clarity  when  reflecting  the  substance  of
amendments 10 and 12 and in the light of their differentiated treatment under Article 3, the
Council  was  of  the  view  that  a  distinction  should  be  made  between  ‘landfill’  (g)  and
‘underground storage’ (f). Furthermore, to take into account certain recovery and treatment
processes, it was deemed appropriate to extend to three years the period of storage prior to
recovery  or  treatment.

Definition  (h)  (treatment)  includes  ‘thermal  processes’  as  distinct  from  ‘physical  processes’.

Definition (q) (liquid waste): as it did not appear feasible to base a definition of liquid waste
on  their  content  of  solid  matter  the  Council  has  retained  the  definition  originally  proposed
by  the  Commission.

Definition  (r)  (isolated  settlement)  has  been  made  more  specific  by  referring  to  the
meteorological  conditions  which  affect  these  settlements.

(iii) Article  3

While  the  deposit  of  non-hazardous  inert  waste  resulting  from  mining  activities  or  the
operation  of  quarries  are  entirely  excluded  from  the  scope  of  the  Directive  (paragraph  2,
fourth  indent)  the  Council  was  of  the  view  that  non-hazardous  non-inert  waste  resulting
from  mining  activities  or  the  operation  of  quarries  can  be  exempted  only  from  certain
provisions  (paragraph  3).  In  the  same  way,  only  limited  exemptions  reflecting  the
characteristics  of  underground  storages  may  be  granted  to  these  sites  (paragraph  4).

Although  the  total  capacity  under  which  a  site  for  non-hazardous  or  inert  waste  may  be
exempted  from  certain  provisions  has  been  raised  from  10 000  to  15 000  tonnes
(paragraph  4(a)),  it  has  been  clarified  that  these  exemptions  apply  only  to  existing
landfills.

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(iv) Article  5

Although  broadly  supportive  of  the  approach  advocated  by  the  Commission  as  regards  the
reduction of biodegradable waste going to landfills the Council felt that the strategies to be
set  up  by  Member  States  to  that  effect  should  not  be  limited  to  municipal  waste  but  cover
all biodegradable waste (paragraph 1) and  that  the  first  target  for  biodegradable  municipal
waste  shall  be  mandatory  (paragraph  2(a)).

The  report  on  national  strategies  shall  be  presented  within  30  months  of  the  date  of
transposition  of  the  Directive,  i.e.  six  months  after  the  setting  up  of  their  strategies  by
Member  States  (paragraph  1),  which  is  equivalent  to  the  delay  foreseen  in  the  amended
proposal.

As  regards  subsequent  targets  the  moderately  delayed  timetable  which  appears  in
paragraph  2  could  facilitate  the  development  of  alternative  disposal  practices  and  should
enable  Member  States  to  achieve  these  targets.  In  order  to  take  into  account  the
uncertainties  which  could  affect  the  third  target,  a  review  clause  has  been  inserted.

(v) Article  6

Paragraph  (c)(iii)  foresees  that  waste,  which  following  appropriate  treatment  is  stable  and
non-reactive,  i.e.  no  longer  exhibits  hazardous  properties,  and  which  fulfils  specific
acceptance  criteria,  may  be  deposited  in  landfill  for  non-hazardous  waste.

(vi) Article  8

A  provision  relating  to  the  prevention  of  accidents  has  been  inserted  (paragraph  (a)(iii)).
Given  their  intrinsic  low  risk,  landfills  for  inert  waste  may  be  exempted  from  the
requirement  on  financial  security  (paragraph  (a)(iv)).

(vii) Article  10

Given  the  uncertainty  affecting  the  determination  of  the  cost  of  the  financial  security  or  its
equivalent and because of the various ways in which a landfill can be administered it is only
possible  to  try  to  include  as  far  as  possible  this  cost  in  the  price  to  be  charged  at  a
landfill.

(viii) Article  11

Given  the  nature  of  the  sites  (isolated  settlement  etc.)  covered  by  the  register  and  the  fact
that  there  is  already  an  obligation  of  reporting  on  these  sites  on  a  national  basis,  the
added-value  of  having  each  register  accessible  to  the  public  is  doubtful.

(ix) Article  13

Amendment  24  has  not  been  retained  as  it  does  not  add  anything  to  the  ability  of
competent  authorities  to  set  the  period  during  which  the  operator  shall  be  responsible  for
the  monitoring  of  the  landfill.

(x) Articles  14  and  18

It  seemed  unrealistic,  given  administrative  practices,  the  technical  delays  involved  in  the
conditioning of existing sites and the redirecting of waste following the closure of a landfill,
to  prescribe  an  overall  time-limit  of  five  years  and  to  specify  intermediate  deadlines.  The
Council thought it was more realistic to adopt a maximum total time limit of 10 years after
entry  into  force  of  the  Directive  (introductory  passage  to  Article  14)  while  setting  a  closer
deadline for landfill for hazardous waste (one year after transposition, Article 14(d)) for the
implementation  of  certain  provisions.

Amendment  26  has  not  been  retained  as  it  does  not  add  anything  to  existing  obligations
under  Directive  75/442/EEC.

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The  same  assessment  of  the  inevitable  administrative  delay  involved  in  transposing  such  a
technical  Directive  led  the  Council  to  opt  for  a  transposition  period  of  two  years
(Article  18(1)).

(xi) Article  15

The  reporting  obligation  (Article  15)  reflects,  inter  alia,  amendment  7  according  to  which
Member  States  must  report  on  the  implementation  of  Article  5.  This  obligation  is  also
mentioned  in  recital  34.

(xii) Annexes

Annex  I:

— given the diversity of local conditions it does not seem appropriate to impose a uniform
minimum  distance  between  landfills  and  residential  sites;  this  requirement  has  therefore
not  been  retained  in  section  1.1  paragraph  (a),

— the  reference  to  the  framework  Directive  on  water  has  been  omitted  as  this  Directive  is

not  yet  adopted.

Annex  II:

Its introduction has been expanded in order to list the various acceptance criteria which the
technical  committee  will  have  to  establish.

(xiii) Preamble

Given  that  a  recital  on  the  Council  resolution  of  1996  and  related  recitals  are  already
included  in  the  preamble,  it  does  not  seem  appropriate  to  include,  out  of  context,  a  recital
on  the  hierarchy  of  waste  management.

Recital  4  reflects  the  substance  of  amendments  2,  3  and  5.