Proposal for a Directive of the European Parliament and of the Council on waste (Codified version)
Date: 2003-11-27
Institutions: European Commission
Subjects: codification of EU law, waste, waste management

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 27.11.2003
COM(2003)731 final

2003/0283 (COD)

.

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on waste

(Codified version)

(presented by the Commission)

1.

2.

3.

4.

1

2

3

4

EXPLANATORY MEMORANDUM

In  the  context  of  a  people’s  Europe,  the  Commission  attaches  great  importance  to
simplifying  and  clarifying  Community  law  so  as  to  make  it  clearer  and  more
accessible to the ordinary citizen, thus giving him new opportunities and the chance
to make use of the specific rights it gives him.

This aim cannot be achieved so long as numerous provisions that have been amended
several times, often quite substantially, remain scattered, so that they must be sought
partly  in  the  original  instrument  and  partly  in  later  amending  ones.  Considerable
research work, comparing many different instruments, is thus needed to identify the
current rules.

For  this  reason  a  codification  of  rules  that  have  frequently  been  amended  is  also
essential if Community law is to be clear and transparent.

On  1  April  1987  the  Commission  therefore  decided1  to  instruct  its  staff  that  all
legislative acts should be codified after no more than ten amendments, stressing that
this  is  a minimum requirement and that  departments  should  endeavour  to  codify  at
even  shorter  intervals  the  texts  for  which  they  are  responsible,  to  ensure  that  the
Community rules are clear and readily understandable.

The  Conclusions  of 
the  Edinburgh  European  Council
(December 1992) confirmed this2, stressing the importance of codification as it offers
certainty as to the law applicable to a given matter at a given time.

the  Presidency  of 

Codification  must  be  undertaken  in  full  compliance  with  the  normal  Community
legislative procedure.

Given  that  no  changes  of  substance  may  be  made  to  the  instruments  affected  by
codification, the European Parliament, the Council and the Commission have agreed,
by  an  interinstitutional  agreement  dated  20  December  1994,  that  an  accelerated
procedure may be used for the fast-track adoption of codification instruments.

this  proposal 

to  undertake  a  codification  of  Council
The  purpose  of 
Directive 75/442/EEC of 15 July 1975 on waste3. The new Directive will supersede
the  various  acts  incorporated  in  it4;  this  proposal  fully  preserves  the  content  of  the
acts being codified and hence does no more than bring them together with only such
formal amendments as are required by the codification exercise itself.

is 

COM(1987) 868 PV.
See Annex 3 to Part A of the Conclusions.
Carried out pursuant to the Communication from the Commission to the European Parliament and the
Council – Codification of the Acquis communautaire, COM(2001) 645 final.
See Annex III, Part A of this proposal.

2

                                                
5.

The codification proposal was drawn up on the basis of a preliminary consolidation,
in all official languages, of Directive 75/442/EEC and the instruments amending it,
carried out by the Office for Official Publications of the European Communities, by
means  of  a  data-processing  system.  Where  the  Articles  have  been  given  new
numbers, the correlation  between the old and the new  numbers  is  shown  in  a  table
contained in Annex IV to the codified Directive.

3

2003/0283 (COD)

(cid:1) 75/442/EEC (adapted)

Proposal for a

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

on waste

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Article (cid:2) 175 (cid:3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and Social Committee5,

Having regard to the opinion of the Committee of the Regions6,

Acting in accordance with the procedure laid down in Article 251 of the Treaty7,

Whereas:

(1) 

Council  Directive  75/442/EEC  of  15  July  1975  on  waste8  has  been  substantially
amended  several  times9.  In  the  interests  of  clarity  and  rationality  the  said  Directive
should be codified.

(cid:1) 

(2) 

(cid:1) 75/442/EEC recital 3 (adapted)
The essential objective of all provisions relating to waste (cid:2) management (cid:3) should
be the protection of human health and the environment against harmful effects caused
by the collection, transport, treatment, storage and tipping of waste.

5

6

7

8

9

OJ C […], […], p. […].
OJ C […], […], p. […].
OJ C […], […], p. […].
OJ  L  194,  25.7.1975,  p.  39.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003
(OJ L 284, 31.10.2003, p. 1).
See Annex III, Part A.

4

                                                
(3) 

Common  terminology  and  a  definition  of  waste  are  needed  in  order  to  improve  the
efficiency of waste management in the Community.

(cid:1) 91/156/EEC recital 3

(4) 

(cid:1) 75/442/EEC recital 6 (adapted)
Effective  and  consistent  rules  on  waste  disposal  (cid:2) and  recovery (cid:3)  should  be
applied  (cid:2) in  principle (cid:3)  to  movable  property  which  the  owner  disposes  of  (cid:2) or
intends (cid:3) or is required to dispose of(cid:2) . (cid:3)

(5) 

The  recovery  of  waste  and  the  use  of  recovered  materials  should  be  encouraged  in
order to conserve natural resources. (cid:2) It may be necessary to adopt specific rules for
re-usable waste. (cid:3)

(cid:1) 75/442/EEC recital 4 and
91/156/EEC recital 6 (adapted)

(cid:1) 91/156/EEC recital 4

(6) 

In  order  to  achieve  a  high  level  of  environmental  protection,  the  Member  States
should, in addition to taking action to ensure the responsible removal and recovery of
waste,  take  measures  to  restrict  the  production  of  waste  particularly  by  promoting
clean  technologies  and  products  which  can  be  recycled  and  re-used,  taking  into
consideration existing or potential market opportunities for recovered waste.

(7) 

It  is  important  for  the  Community  as  a  whole  to  become  self-sufficient  in  waste
disposal  and  it  is  desirable  for  Member  States  individually  to  aim  at  such  self-
sufficiency.

(cid:1) 91/156/EEC recital 7

(8) 

(cid:1) 91/156/EEC recital 8 (adapted)
In order to achieve (cid:2) those (cid:3) objectives, waste management plans should be drawn
up in the Member States.

(9)  Movements  of  waste  should  be  reduced  and  Member  States  may  take  the  necessary

measures to that end in their management plans.

(cid:1) 91/156/EEC recital 9

5

(10)  To ensure a high level of protection and effective control, it is necessary to provide for
authorisation  and  inspection  of  undertakings  which  carry  out  waste  disposal  and
recovery.

(cid:1) 91/156/EEC recital 10

(11)  Subject  to  certain  conditions,  and  provided  that  they  comply  with  environmental
protection requirements, some establishments which process their waste themselves or
carry  out  waste  recovery  may  be  exempted  from  permit  requirements.  Such
establishments should be subject to registration.

(cid:1) 91/156/EEC recital 11

(12) 

In  order  that  waste  can  be  monitored  from  its  production  to  its  final  disposal,  other
undertakings  involved  with  waste,  such  as  waste  collectors,  carriers  and  brokers
should also be subject to authorisation or registration and appropriate inspection.

(cid:1) 91/156/EEC recital 12

(cid:1) 75/442/EEC recital 8 (adapted)
(13)  That  proportion  of  the  costs  not  covered  by  the  proceeds  of  (cid:2) recovering (cid:3)  the

waste should be defrayed in accordance with the “polluter pays” principle.

(cid:1) 

(14)  The measures necessary for the implementation of this Directive should be adopted in
accordance  with  Council  Decision  1999/468/EC  of  28  June  1999  laying  down  the
procedures for the exercise of implementing powers conferred on the Commission10.

(15)  This  Directive  should  be  without  prejudice  to  the  obligations  of  the  Member  States
relating to the time-limits for transposition into national law of the Directives set out in
Annex III, Part B,

10

OJ L 184, 17.7.1999, p. 23.

6

                                                
HAVE ADOPTED THIS DIRECTIVE:

(cid:2) 1. (cid:3) For the purposes of this Directive:

Article 1

(cid:1) 75/442/EEC

(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

(cid:1) 91/156/EEC Art. 1 pt. 1

(a)

(b)

(c)

(d)

“waste” shall mean any substance or object in the categories set out in Annex I
which the holder discards or intends or is required to discard;

“producer”  shall  mean  anyone  whose  activities  produce  waste  (“original
producer”)  and/or  anyone  who  carries  out  pre-processing,  mixing  or  other
operations resulting in a change in the nature or composition of this waste;

“holder”  shall  mean  the  producer  of  the  waste  or  the  natural  or  legal  person
who is in possession of it;

“management”  shall  mean  the  collection,  transport,  recovery  and  disposal  of
waste, including the supervision of such operations and  after-care  of  disposal
sites;

(e)

“disposal” shall mean any of the operations provided for in Annex IIA;

(f)

“recovery” shall mean any of the operations provided for in Annex IIB;

(g)

“collection”  shall  mean  the  gathering,  sorting  and/or  mixing  of  waste  for  the
purpose of transport.

(cid:1) 91/156/EEC Art. 1 pt.1
(adapted)

(cid:2) 2.

For  the  purposes  of  paragraph  1(a)  the  Commission,  acting  in  accordance  with  the
procedure referred to in Article 18(2), shall draw up a list of wastes belonging to the
categories listed in Annex I. This list shall be periodically reviewed and, if necessary,
revised in accordance with the same procedure. (cid:3)

7

(cid:1) 91/156/EEC Art. 1 pt. 1

Article 2

1.

The following shall be excluded from the scope of this Directive:

(a)

gaseous effluents emitted into the atmosphere;

(b) where they are already covered by other legislation:

(i)

radioactive waste;

(ii) waste  resulting  from  prospecting,  extraction,  treatment  and  storage  of

mineral resources and the working of quarries;

(iii) animal  carcases  and  the  following  agricultural  waste:  faecal  matter  and

other natural, non-dangerous substances used in farming;

(iv) waste waters, with the exception of waste in liquid form;

(v)

decommissioned explosives.

2.

Specific  rules  for  particular  instances,  or  supplementing  those  of  this  Directive,  on
the  management  of  particular  categories  of  waste  may  be  laid  down  by  means  of
individual Directives.

1.

Member States shall take appropriate measures to encourage:

Article 3

(a)

firstly, the prevention or reduction of waste production and its harmfulness, in
particular by:

(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

(cid:2) (i) (cid:3) the development of clean technologies more sparing in their use

of natural resources(cid:2) ; (cid:3)

(cid:2) (ii) (cid:3) the technical development and marketing  of  products  designed
so  as  to  make  no  contribution  or  to  make  the  smallest  possible
contribution, by the nature of their manufacture, use or final disposal, to
the  amount  or  harmfulness  of  waste  and  pollution
increasing 
hazards(cid:2) ; (cid:3)

(cid:2) (iii) (cid:3) the development of appropriate techniques for the final disposal
of dangerous substances contained in waste destined for recovery;

(b)

secondly:

8

(cid:2) (i) (cid:3) the  recovery  of  waste  by  means  of  recycling,  re-use  or
reclamation or any other process with a view to extracting secondary raw
materials; or

(cid:2) (ii) (cid:3) the use of waste as a source of energy.

2.

Except  where  Directive  (cid:2) 98/34/EC  of  the  European  Parliament  and  of  the
Council11 (cid:3) applies, Member States shall inform the Commission of any measures
they intend to take to achieve the aims set out in paragraph 1. The Commission shall
inform 
in
Article 18 (cid:2) (1) (cid:3) of such measures.

the  other  Member  States  and 

the  Committee 

referred 

to 

Article 4

(cid:2) 1. (cid:3) Member  States  shall  take  the  necessary  measures  to  ensure  that  waste  is
recovered  or  disposed  of  without  endangering  human  health  and  without  using
processes or methods which could harm the environment, and in particular:

(cid:2) (a) (cid:3) without risk to water, air or soil, or to plants or animals(cid:2) ; (cid:3)

(cid:2) (b) (cid:3) without causing a nuisance through noise or odours(cid:2) ; (cid:3)

(cid:2) (c) (cid:3) without adversely affecting the countryside or places of special interest.

(cid:2) 2. (cid:3) Member States shall take the necessary measures to prohibit the abandonment,

dumping or uncontrolled disposal of waste.

(cid:1) 91/156/EEC Art. 1 pt. 1

Article 5

1.

2.

Member  States  shall  take  appropriate  measures,  in  cooperation  with  other  Member
States  where  this  is  necessary  or  advisable,  to  establish  an  integrated  and  adequate
network of disposal installations, taking account of the best available technology not
involving  excessive  costs.  The  network  must  enable  the  Community  as  a  whole  to
become self-sufficient in waste disposal and the Member States to move towards that
aim  individually,  taking  into  account  geographical  circumstances  or  the  need  for
specialised installations for certain types of waste.

The network must enable waste to be  disposed  of in one of the nearest appropriate
installations, by means of the most appropriate methods and technologies in order to
ensure a high level of protection for the environment and public health.

11

(cid:1) OJ L 204, 21.7.1998, p. 37. (cid:2)

9

                                                
Member  States  shall  establish  or  designate  the  competent  authority  or  authorities  to  be
responsible for the implementation of this Directive.

Article 6

Article 7

1.

In  order  to  attain  the  objectives  referred  to  in  Articles  3,  4  and  5,  the  competent
authority or authorities referred to in Article 6 shall be required to draw up as soon as
possible one or more waste management plans. Such plans shall relate in particular
to:

(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

(cid:2) (a) (cid:3) the  type,  quantity  and  origin  of  waste  to  be  recovered  or  disposed

of(cid:2) ; (cid:3)

(cid:2) (b) (cid:3) general technical requirements(cid:2) ; (cid:3)

(cid:2) (c) (cid:3) any special arrangements for particular wastes(cid:2) ; (cid:3)

(cid:2) (d) (cid:3) suitable disposal sites or installations.

(cid:2) 2.

The (cid:3) plans (cid:2) referred to in paragraph 1 (cid:3) may, for example, cover:

(cid:2) (a) (cid:3) the natural or legal persons empowered to carry out the management of

waste(cid:2) ; (cid:3)

(cid:2) (b) (cid:3) the estimated costs of the recovery and disposal operations(cid:2) ; (cid:3)

(cid:2) (c) (cid:3) appropriate  measures  to  encourage  rationalisation  of  the  collection,

sorting and treatment of waste.

(cid:2) 3. (cid:3) Member  States  shall  cooperate  as  appropriate  with  the  other  Member  States
and  the  Commission  to  draw  up  such  plans.  They  shall  notify  them  to  the
Commission.

(cid:2) 4. (cid:3) Member  States  may  take  the  measures  necessary  to  prevent  movements  of
waste  which  are  not  in  accordance  with  their  waste  management  plans.  They  shall
inform the Commission and the Member States of any such measures.

Article 8

Member States shall take the necessary measures to ensure that any holder of waste:

(cid:2) (a) (cid:3) has  it  handled  by  a  private  or  public  waste  collector  or  by  an  undertaking

which carries out the operations listed in Annex IIA or IIB; or

10

(cid:2) (b) (cid:3) recovers  or  disposes  of  it  himself  in  accordance  with  the  provisions  of  this

Directive.

(cid:1) 91/156/EEC Art. 1 pt.1

Article 9

1.

For  the  purposes  of  implementing  Articles  4,  5  and  7,  any  establishment  or
undertaking which carries out the operations specified in Annex II A must obtain a
permit from the competent authority referred to in Article 6.

Such permit shall cover:

(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

(cid:2) (a) (cid:3) the types and quantities of waste(cid:2) ; (cid:3)

(cid:2) (b) (cid:3) the technical requirements(cid:2) ; (cid:3)

(cid:2) (c) (cid:3) the safety precautions to be taken(cid:2) ; (cid:3)

(cid:2) (d) (cid:3) the disposal site(cid:2) ; (cid:3)

(cid:2) (e) (cid:3) the treatment method.

2.

Permits may be granted for a specified period, they may be renewable, they may be
subject to conditions and obligations, or, notably, if the intended method of disposal
is  unacceptable  from  the  point  of  view  of  envrionmental  protection,  they  may  be
refused.

(cid:1) 91/156/EEC Art. 1 pt. 1

For the purposes of implementing Article 4,  any establishment or undertaking which carries
out the operations referred to in Annex II B must obtain a permit.

Article 10

11

(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

Article 11

1.

Without prejudice to Council Directive (cid:2) 91/689/EEC12 (cid:3), the following may be
exempted from the permit requirement laid down in Article 9 or Article 10:

(a)

establishments  or  undertakings  carrying  out  their  own  waste  disposal  at  the
place of production; and

(b)

establishments or undertakings that carry out waste recovery.

(cid:2) 2.

The (cid:3) exemption (cid:2) referred to in paragraph 1 (cid:3) may apply only:

(cid:2) (a) (cid:3) if the competent authorities have adopted general rules for each type of
activity, laying down the types and quantities of waste and the conditions under
which 
the  permit
requirement(cid:2) ; (cid:3) and

in  question  may  be  exempted  from 

the  activity 

(cid:2) (b) (cid:3) if the types or quantities of waste and methods of disposal or recovery

are such that the conditions laid down in Article 4 are complied with.

(cid:2) 3. (cid:3) The  establishments  or  undertakings  referred  to  in  paragraph  1  shall  be

registered with the competent authorities.

(cid:2) 4. (cid:3) Member  States  shall  inform  the  Commission  of  the  general  rules  adopted

pursuant to paragraph (cid:2) 2(a) (cid:3).

(cid:1) 91/156/EEC Art. 1 pt.1
(adapted)

Article 12

Establishments  or  undertakings  which  collect  or  transport  waste  on  a  professional  basis  or
which arrange for the disposal or recovery of waste on behalf of others (dealers or brokers)
(cid:2) shall (cid:3),  where  (cid:2) they  are (cid:3)  not  subject  to  authorisation,  be  registered  with  the
competent authorities.

Establishments or undertakings which carry out the operations referred to in Articles 9 to 12
shall be subject to appropriate periodic inspections by the competent authorities.

Article 13

12

(cid:1) OJ L 377, 31.12.1991, p. 20. (cid:2)

12

                                                
(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

Article 14

(cid:2) 1. (cid:3) All establishments or undertakings referred to in Articles 9 and 10 shall:

(cid:2) (a) (cid:3) keep  a  record  of  the  quantity,  nature,  origin  and,  where  relevant,  the
destination, frequency of collection, mode of transport and treatment method in
respect  of  the  waste  referred  to  in  Annex  I  and  the  operations  referred  to  in
Annex IIA or IIB(cid:2) ; (cid:3)

(cid:2) (b) (cid:3) make  this  information  available,  on  request,  to  the  competent

authorities referred to in Article 6.

(cid:2) 2. (cid:3) Member  States  may  also  require  producers  to  comply  with  the  provisions  of

(cid:2) paragraph 1 (cid:3) .

(cid:1) 91/156/EEC Art. 1 pt. 1

Article 15

In accordance with the “polluter pays” principle, the cost of disposing of waste must be borne
by:

(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

(cid:2) (a) (cid:3) the holder who has waste handled by a waste collector or by an undertaking as

referred to in Article 9(cid:2) ; (cid:3) and/or

(cid:2) (b) (cid:3) the  previous  holders  or  the  producer  of  the  product  from  which  the  waste

came.

(cid:1) 91/692/EEC Art. 5 and Annex
VI.b (adapted)

Article 16

At intervals of three  years  Member  States shall send  information to  the Commission on the
implementation of this Directive, in the form of a sectoral report which shall also cover other
pertinent Community Directives. 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

13

of (cid:2) Council (cid:3) Directive  91/692/EEC13. The questionnaire or  outline shall be  sent to  the
Member  States  six  months  before  the  start  of  the  period  covered  by  the  report.  The  report
shall  be  made  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  the  Directive
within nine months of receiving the reports from the Member States.

(cid:1) 91/156/EEC Art. 1 pt. 1
(adapted)

Article 17

The amendments necessary for adapting the Annexes to scientific and technical progress shall
be adopted in accordance with the procedure (cid:2) referred to (cid:3) in Article 18 (cid:2) (2) (cid:3) .

(cid:1) 1882/2003 Art. 3 and Annex III
pt. 1 (adapted)

1.

2.

The Commission shall be assisted by a committee.

Article 18

Where  reference  is  made  to  this  (cid:2) paragraph (cid:3) 
,  Articles  5  and  7  of
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8
thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be  set at three
months.

3.

The Committee shall adopt its rules of procedure.

(cid:1) 75/442/EEC Art. 20 (adapted)
(cid:4)1 91/156/EEC Art. 1 pt. 2

Article (cid:1)1 (cid:2) 19 (cid:3) (cid:4)

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

13

OJ L 377, 31.12.1991, p. 48.

14

                                                
(cid:1) 

Article 20

Directive 75/442/EEC, as amended by the acts listed in Annex III, Part A, is repealed, without
prejudice to the obligations of the Member States relating to the time-limits for transposition
into national law of the Directives set out in Annex III, Part B.

References  to  the  repealed  Directive  shall  be  construed  as  references  to  this  Directive  and
shall be read in accordance with the correlation table in Annex IV.

This Directive shall enter into force on the twentieth day following that of its publication in
the Official Journal of the European Union.

Article 21

(cid:1) 75/442/EEC Art. 21 (adapted)
(cid:4)1 91/156/EEC Art. 1 pt. 2

Article (cid:1)1 (cid:2) 22 (cid:3) (cid:4)

This Directive is addressed to the Member States.

Done at Brussels, […]

For the European Parliament
The President
[…]

For the Council
The President
[…]

15

(cid:1) 91/156/EEC Art. 1 pt. 3

ANNEX I

CATEGORIES OF WASTE

Q1

Q2

Q3

Q4

Q5

Q6

Q7

Q8

Q9

Production or consumption residues not otherwise specified below

Off-specification products

Products whose date for appropriate use has expired

Materials  spilled,  lost  or  having  undergone  other  mishap,  including  any  materials,
equipment, etc., contaminated as a result of the mishap

Materials  contaminated  or  soiled  as  a  result  of  planned  actions  (e.g.  residues  from
cleaning operations, packing materials, containers, etc.)

Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)

Substances  which  no  longer  perform  satisfactorily  (e.g.  contaminated  acids,
contaminated solvents, exhausted tempering salts, etc.)

Residues of industrial processes (e.g. slags, still bottoms, etc.)

Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts,
spent filters, etc.)

Q10

Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)

Q11

Residues from raw materials extraction and processing (e.g. mining residues, oil field
slops, etc.)

Q12

Adulterated materials (e.g. oils contaminated with PCBs, etc.)

Q13

Any materials, substances or products whose use has been banned by law

Q14

Q15

Q16

Products for which the holder has no further use (e.g. agricultural, household, office,
commercial and shop discards, etc.)

Contaminated materials, substances or products resulting from remedial action with
respect to land

Any  materials,  substances  or  products  which  are  not  contained  in  the  above
categories.

_____________

16

(cid:1) 96/350/EC Art. 1

ANNEX IIA

DISPOSAL OPERATIONS

NB:

D 1

D 2

D 3

D 4

D 5

D 6

D 7

D 8

D 9

This Annex is intended to list disposal operations such as they occur in practice. In
accordance  with  Article  4,  waste  must  be  disposed  of  without  endangering  human
health and without the use of processes or methods likely to harm the environment.

Deposit into or on to land (e.g. landfill, etc.)

Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.)

Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally
occurring repositories, etc.)

Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or
lagoons, etc.)

Specially  engineered  landfill  (e.g.  placement  into  lined  discrete  cells  which  are
capped and isolated from one another and the environment, etc.)

Release into a water body except seas/oceans

Release into seas/oceans including sea-bed insertion

Biological  treatment  not  specified  elsewhere  in  this  Annex  which  results  in  final
compounds  or  mixtures  which  are  discarded  by  means  of  any  of  the  operations
numbered D 1 to D 12

Physico-chemical  treatment  not  specified  elsewhere  in  this  Annex  which  results  in
final compounds or mixtures which are discarded by means of any of the operations
numbered D 1 to D 12 (e.g. evaporation, drying, calcination, etc.)

D 10

Incineration on land

D 11

Incineration at sea

D 12

Permanent storage (e.g. emplacement of containers in a mine, etc.)

D 13

Blending  or  mixing  prior  to  submission  to  any  of  the  operations  numbered  D 1  to
D 12

D 14

Repackaging prior to submission to any of the operations numbered D 1 to D 13

D 15

Storage pending any of the operations numbered D 1 to D 14 (excluding temporary
storage, pending collection, on the site where it is produced)

_____________

17

ANNEX IIB

RECOVERY OPERATIONS

This  Annex  is  intended  to  list  recovery  operations  as  they  occur  in  practice.  In
accordance  with  Article  4,  waste  must  be  recovered  without  endangering  human
health and without the use of processes or methods likely to harm the environment.

Use principally as a fuel or other means to generate energy

Solvent reclamation/regeneration

Recycling/reclamation  of  organic  substances  which  are  not  used  as  solvents
(including composting and other biological transformation processes)

Recycling/reclamation of metals and metal compounds

Recycling/reclamation of other inorganic materials

Regeneration of acids or bases

Recovery of components used for pollution abatement

Recovery of components from catalysts

Oil re-refining or other reuses of oil

NB:

R 1

R 2

R 3

R 4

R 5

R 6

R 7

R 8

R 9

R 10

Land treatment resulting in benefit to agriculture or ecological improvement

R 11

Use of wastes obtained from any of the operations numbered R 1 to R 10

R 12

Exchange of wastes for submission to any of the operations numbered R 1 to R 11

R 13

Storage  of  wastes  pending  any  of  the  operations  numbered  R 1  to  R 12  (excluding
temporary storage, pending collection, on the site where it is produced)

_____________

18

(cid:5) 

ANNEX III

Part A

Repealed Directive with its successive amendments
(referred to in Article 20)

Council Directive 75/442/EEC (OJ L 194, 25.7.1975, p.
39)

Council Directive 91/156/EEC (OJ L 78, 26.3.1991,
p. 32)

Council Directive 91/692/EEC (OJ L 377,
31.12.1991, p. 48)

Commission Decision 96/350/EC (OJ L 135,
6.6.1996, p. 32)

Regulation (EC) No 1882/2003 of the European
Parliament and of the Council (OJ L 284, 31.10.
2003, p. 1)

Part B

only as regards the reference to
Directive 75/442/EEC in Annex
VI

Annex III, point 1 only

List of time-limits for transposition into national law
(referred to in Article 20)

Directive

Time-limit for transposition

75/442/EEC

91/156/EEC

91/692/EEC

17 July 1977

1 April 1993

1 January 1995

_____________

19

ANNEX IV

CORRELATION TABLE

Directive 75/442/EEC

This Directive

Article 1, introductory words

Article 1(1) introductory words

Article 1(a) first subparagraph

Article 1(1)(a)

Article 1(a) second subparagraph

Article 1(2)

Article 1(b) – (g)

Article 2

Article 1(1)(b) – (g)

Article 2

Article 3(1) introductory words

Article 3(1) introductory words

Article 3(1)(a) introductory words

Article 3(1)(a) introductory words

Article 3(1)(a) first indent

Article 3(1)(a)(i)

Article 3(1)(a) second indent

Article 3(1)(a)(ii)

Article 3(1)(a) third indent

Article 3(1)(a)(iii)

Article 3(1)(b), introductory words

Article 3(1)(b) introductory words

Article 3(1)(b) first indent

Article 3(1)(b)(i)

Article 3(1)(b) second indent

Article 3(1)(b)(ii)

Article 3(2)

Article 3(2)

Article 4, first paragraph, introductory words Article 4(1), introductory words

Article 4, first paragraph, first indent

Article 4(1)(a)

Article 4, first paragraph, second indent

Article 4(1)(b)

Article 4, first paragraph, third indent

Article 4(1)(c)

Article 4, second paragraph

Article 4(2)

Article 5

Article 6

Article 5

Article 6

Article  7(1),  first  subparagraph,  introductory
words

Article 7(1), introductory words

Article 7(1), first subparagraph, first indent

Article 7(1)(a)

20

Article 7(1), first subparagraph, second indent Article 7(1)(b)

Article 7(1), first subparagraph, third indent

Article 7(1)(c)

Article 7(1), first subparagraph, fourth indent Article 7(1)(d)

Article 
introductory words

7(1), 

second 

subparagraph,

Article 7(2), introductory words

Article 7(1), second subparagraph, first indent Article 7(2)(a)

Article  7(1),  second  subparagraph,  second
indent

Article 7(2)(b)

Article  7(1),  second  subparagraph, 
indent

third

Article 7(2)(c)

Article 7(2)

Article 7(3)

Article 7(3)

Article 7(4)

Article 8, introductory words

Article 8, introductory words

Article 8, first indent

Article 8, second indent

Article 8(a)

Article 8(b)

Article 9(1), first subparagraph

Article 9(1), first subparagraph

Article 
introductory words

9(1), 

second 

subparagraph,

Article 
introductory words

9(1), 

second 

subparagraph,

Article 9(1), second subparagraph, first indent Article 9(1), second subparagraph, (a)

Article  9(1),  second  subparagraph,  second
indent

Article 9(1), second subparagraph, (b)

Article  9(1),  second  subparagraph, 
indent

third

Article 9(1), second subparagraph, (c)

Article  9(1),  second  subparagraph,  fourth
indent

Article 9(1), second subparagraph, (d)

Article  9(1),  second  subparagraph, 
indent

fifth

Article 9(1), second subparagraph, (e)

Article 9(2)

Article 10

Article 9(2)

Article 10

Article 11(1), first subparagraph

Article 11(1)

21

Article 
introductory words

11(1), 

second 

subparagraph,

Article 11(2), introductory words

Article  11(1),  second  subparagraph,  first
indent

Article 11(2)(a)

Article  11(1),  second  subparagraph,  second
indent

Article 11(2)(b)

Article 11(2)

Article 11(3)

Article 12

Article 13

Article  14, 
words

Article 11(3)

Article 11(4)

Article 12

Article 13

first  paragraph, 

introductory

Article 14(1), introductory words

Article 14, first paragraph, first indent

Article 14(1)(a)

Article 14, first paragraph, second indent

Article 14(1)(b)

Article 14, second subparagraph

Article 14(2)

Article 15, introductory words

Article 15, introductory words

Article 15, first indent

Article 15, second indent

Article 15(a)

Article 15(b)

Article 16, first paragraph

Article 16, first paragraph

Article 16, second paragraph

___

Article 16, third paragraph

Article 16, second paragraph

Article 17

Article 18

Article 19

Article 17

Article 18

________

22

Article 20

_______

_______

Article 21

Annex I

Annex II A

Annex II B

________

________

Article 19

Article 20

Article 21

Article 22

Annex I

Annex II A

Annex II B

Annex III

Annex IV

__________

23