Proposal for a Directive of the European Parliament and of the Council on waste {SEC(2005) 1681}
Date: 2005-12-21
Institutions: European Commission
Subjects: European standard, environmental law, environmental protection, prevention of pollution, waste disposal, waste management, waste recycling

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 21.12.2005 
COM(2005) 667 final 

2005/0281 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on waste 

(presented by the Commission) 

{SEC(2005) 1681} 

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EXPLANATORY MEMORANDUM 

1)  CONTEXT OF THE PROPOSAL 

•  Grounds for and objectives of the proposal 

The  overall  aim  of  this  proposal  for  revision  is  to  optimise  the  provisions  of  Directive 
75/442/EEC whilst maintaining its essential structure and key provisions. What is suggested 
is a refinement of the Directive, rather than a root and branch overhaul. 

The  Thematic  Strategy  on  the  prevention  and  recycling  of  waste  has  identified  three 
principal reasons for undertaking a revision of Directive 75/442/EEC, the Waste Framework 
Directive. 

Firstly, it has become evident that a certain number of definitions in Directive 75/442/EEC 
are not sufficiently clear, leading to variation and uncertainty in the interpretation of these 
key  provisions  from  Member  State  to  Member  State  and  in  some  cases  from  region  to 
region.  Partly  as  a  consequence  of  this,  a  significant  number  of  cases  have  required  an 
interpretation from the European Court of Justice. This has led to considerable difficulties 
for economic operators and competent authorities. 

The issues where there is a lack of legal certainty concern principally the definition of waste 
and  the  distinction  between  recovery  and  disposal.  This  proposal  for  the  revision  of  the 
Waste Framework Directive puts forward clearer definitions and/or a mechanism to clarify 
the issue at the EU level as appropriate. 

Secondly, the Thematic Strategy on the prevention and recycling of waste introduces a new 
approach to waste policy that is better adapted to a situation where most of the significant 
waste management operations are now covered by environmental legislation. It is important 
that the Waste Framework Directive is adapted to this approach. 

This  requires  a  number  of  changes.  The  most  significant  is  the  introduction  of  an 
environmental objective. Most environmental Directives now have such an objective, which 
helps to orient the entire Directive towards a specified aim. In the case of this proposal, the 
environmental  objective  focuses  the  Directive  on  the  reduction  of  environmental  impacts 
from  waste  generation  and  management,  taking  into  account  the  whole  life-cycle.  It  takes 
this focus from the Resource Strategy. 

Another  important  part  of  this  strategic  change  is  the  move  to  a  more  standards  based 
approach. This proposal reinforces standards in a number of areas through the application of 
minimum standards, clear recovery definitions and the use of end of waste criteria. 

Finally, this proposal strives to simplify the existing legal  framework. It would repeal the 
Directive 75/439/EEC on the disposal of waste oils and integrate Directive 91/689/EEC on 
hazardous  waste  into  the  Waste  Framework  Directive.  The  Waste  Oil  Directive  set  out  a 
priority  for  waste  oils  regeneration  over  other  recovery  options  that  is  no  longer  justified. 
The  provisions  of  the  Hazardous  Waste  Directive  are  closely  connected  with  the  Waste 
Framework  Directive  and  their  integration  into  consolidates  and  simplifies  legislation.  In 
addition, some obsolete or unclear provisions in all three Directives should be modified or 
removed. 

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•  General context 

The history of waste is as old as the history of human society. Waste has been at the heart of 
the  development  of  a  European  Union  environment  policy,  with  the  Waste  Framework 
Directive being one of the first legal measures taken to protect the environment at the EU 
level. 

Since 1975, waste legislation has been developed significantly. In the first wave, the general 
framework  was  put  in  place,  and  a  number  of  specific  problems  (waste  oils,  titanium 
dioxide)  were  tackled.  In  the  second  wave,  standards  for  landfills  and  incinerators  were 
developed.  Finally,  in  the  third  wave,  Recycling  Directives  put  in  place  the  necessary 
organisation  and  financing  to  facilitate  the  recycling  of  a  number  of  priority  waste  flows 
(Packaging, End of Life Vehicles, WEEE). 

Further  major  legislative  actions  are  not  required.  However,  action  must  be  taken  to 
optimise  the  current  framework,  and  fill  in  remaining  holes.  This  proposal  for  revision 
would put in place a number of these necessary actions; others will need to be addressed in 
the longer term. 

If a revision of the Waste Framework Directive was not undertaken, the problems identified 
with the absence of legal certainty would continue to pose problems for economic operators 
and competent authorities, and the absence of standards in certain areas would undermine 
the level of protection of the environment and human health as well as the internal market in 
recycled  products.  Not  adjusting  the  legal  framework,  and  especially  the  Waste  Oils  and 
Hazardous  Waste  Directives  to  current  knowledge  and  objectives  would  undermine  the 
credibility of the EU policies in this field. 

•  Existing provisions in the area of the proposal 

This proposal revises Directive 75/442/EEC (the Waste Framework Directive) and repeals 
both  Directive  91/689/EEC  on  hazardous  waste  (the  Hazardous  Waste  Directive)  by 
integrating  the  provisions  in  the  Waste  Framework  Directive,  and  Directive  75/439/EEC 
(the Waste Oil Directive) while integrating the specific collection obligation. The elements 
of these two Directives that remain relevant and justified are integrated into the proposal for 
a revised Waste Framework Directive. The Waste Framework Directive sets the definitions 
and ground rules for all the other pieces of EU legislation relative to waste - it therefore has 
a direct or indirect impact on them all. 

In addition, in the field of permitting of waste installations, the Waste Framework Directive 
operates in conjunction with Directive 96/61/EC concerning integrated pollution prevention 
control  (the  IPPC  Directive).  In  the  past,  there  have  been  overlaps  between  these  two 
Directives that have lead to double permitting and an unnecessary increase in regulatory and 
administrative  burden.  Although  these  have  mainly  been  created  by  Member  State 
implementation of the Directives, this Directive contains explicit wording to make clear that 
this double permitting is not required by EU law. 

A number of the elements that have not been taken up in this proposal from the Hazardous 
Waste Directive are adequately covered by other Community legislation such as Directive 
2000/76/EC on the incineration of waste and Directive 96/59/EC on PCB/PCT. 

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•  Consistency with other policies and objectives of the Union 

Not applicable. 

2)  CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

•  Consultation of interested parties 

Consultation methods, main sectors targeted and general profile of respondents 

Following  the  Communication  "Towards  a  Thematic  Strategy  on  the  prevention  and 
recycling  of  waste  [COM(2003)  301],  an  open  Internet  consultation  of  stakeholders  was 
organised. 

Secondly,  the  Commission  organised  five  expert  meetings  in  order  to  have  an  in  depth 
discussion  on  subjects  of  particular  importance  to  the  Strategy  (see  below).  In  addition  to 
this,  there  were  three  informal  meetings  with  the  Member  States,  and  three  stakeholder 
meetings, one of which being restricted to EU level organisations to facilitate debate. 

Thirdly, there was an additional stakeholder consultation on the impact assessment, asking 
stakeholders  to  provide  information  on  the  likely  impacts  of  a  range  of  identified  policy 
options. We received ninety replies to this consultation. 

Fourthly, there were additional specific consultations of both stakeholders and the Member 
States on the Hazardous Waste Directive and the Waste Oils Directive. 

Summary of responses and how they have been taken into account 

It is not possible to cover all the comments received over the extensive consultation process 
outlined  above.  A  summary  of  the  comments  received  in  response  to  the  first  Internet 
consultation is contained in the Thematic Strategy Communication, and all the replies to the 
open  consultations  along  with  the  outcomes  of  the  expert  and  focused  stakeholder  groups 
can 
site: 
our 
found 
http://europa.eu.int/comm/environment/waste/strategy.htm 

Internet 

on 

be 

An open consultation was conducted over the internet from 10 May 2003 to 10 November 
2003. The Commission received 220 responses. The results are available on 
http://forum.europa.eu.int/Public/irc/env/waste_strat/library?l=/test&vm=detailed&sb=Title.

•  Collection and use of expertise 

Scientific/expertise domains concerned 

The  main  areas  where  scientific  expertise  was  sought  were  life  cycle  analysis,  waste 
prevention  and  recycling,  recovery  facility  standards,  definitions  of  waste,  recovery  and 
disposal. 

Methodology used 

The principal methodologies used were expert meetings and the commissioning of relevant 
studies. A critical review of existing studies and life cycle analysis on the regeneration and 

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incineration of waste oils was commissioned  
(see http://europa.eu.int/comm/environment/waste/studies/oil/waste_oil.htm). 

Main organisations/experts consulted 

A  wide  range  of  experts  from  research  institutes,  consultants  and  industry  were  consulted 
and their opinions taken into account. 

Summary of advice received and used 

The  existence  of  potentially  serious  risks  with  irreversible  consequences  has  not  been 
mentioned. 

The advice received and used is too extensive and varied to be summarised here. The results 
of  the  expert  meetings,  studies  and  stakeholder  consultations  can  be  found  at: 
http://europa.eu.int/comm/environment/waste/strategy.htm, 
http://europa.eu.int/comm/environment/waste/oil_index.htm,  
http://europa.eu.int/comm/environment/waste/hazardous_index.htm. 
Much  of  the  findings  are  discussed  in  the  Impact  Assessment  attached  to  the  Thematic 
Strategy on the prevention and recycling of waste. 

On the Waste Oils Directive, stakeholder contributions varied widely on the desirability and 
impact of the repeal of the regeneration priority. No consensus amongst stakeholders could 
be achieved on this issue. 

Means used to make the expert advice publicly available 

A summary of the outcome of the expert meetings was posted on the relevant Internet site.  

•  Impact assessment 

The revision of Directive 75/442/EEC is one of the elements included in the package of the 
Thematic  Strategy  on  the  prevention  and  recycling  of  waste.  An  Impact  Assessment  was 
undertaken on the whole package. 

The  IA  report  contains  an  assessment  of  five  sets  of  options  each  concerning  a  specific 
environmental issue and recommends the following combination of options: 

• 

taking  a  resource  approach  to  waste  based  on  life-cycle  thinking  which  involves 
improving the information base and clarifying the environmental objective of waste 
policy; 

•  moving  to  a  European  recycling  society  by  developing  common  environmental 

requirements for waste recycling; 

•  modernising the legislative framework by revising waste framework legislation and 

adopting guidelines for issues needing case by case approaches. 

Additionally,  the  IA  recommends  that  the  priority  given  by  Directive  75/439/EEC  to  the 
regeneration of waste oils should be repealed and efforts should be focused on collection of 
waste oils. 

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Several  of  these  options  translate  into  proposals  for  legal  provisions  of  a  framework 
character. The IA shows that they should generally result in improved eco-efficiency of EU 
waste policy and that the specific impacts of such framework approaches will depend on the 
implementation measures taken at EU or national levels. 

This Directive contains provisions that implement elements of each of the preferred options 
of the IA, including: 

• 

• 

• 

• 

• 

the  introduction  of  an  environmental  objective  in  the  Waste  Framework  Directive. 
This  will  incorporate  life-cycle  thinking  in  waste  policies  and  enhance  their  cost-
effectiveness; 

the determination of end-of-waste criteria. This will make it possible to set criteria 
for  specific  waste  streams  which  ensure  that  recycled  materials  do  not  harm  the 
environment  and  will  result  in  reduce  administrative  burden  for  the  operators 
producing recycled materials complying with these criteria; 

the  obligation  for  Member  States  to  develop  waste  prevention  programmes.  This 
provision  is  not  expected  to  have  major  direct  environmental,  economic  or  social 
impacts,  although  the  impacts  will  vary  according  to  the  actions  taken.  It  will 
increase  the  focus  of  policy  makers  at  EU,  national  and  sub-national  levels  on 
prevention thereby triggering an increase in waste prevention policies. It allows for 
the  necessary  flexibility  in  developing  national  and  local  solutions  to  capture  the 
benefits of waste prevention; 

the  simplification  of  waste  legislation  and  in  particular  the  clarification  of 
definitions. This will have positive environmental and economic impacts and will be 
combined with interpretative guidelines to deal with issues on a case by case basis 
when legislation is too rigid; 

the repeal of the priority given to the regeneration of waste oils will reduce the costs 
of managing  this waste flow  while focussing  on the main environmental issue, i.e. 
collection  of  waste  oils.  This  will  result  in  improved  eco-efficiency  of  waste  oils 
management. 

The  Commission  carried  out  an  impact  assessment  listed  in  the  Work  Programme.  The 
report is accessible on http://europa.eu.int/comm/environment/waste/strategy.htm. 

3)  LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

The  Waste  Framework  Directive  was  first  adopted  in  1975,  and  then  revised  by  Council 
Directive  91/156/EEC  on  18  March  1991.  The  proposal  revises  the  Waste  Framework 
Directive, and repeals both Directive 91/689/EEC by integrating the provisions in the waste 
framework  Directive  and  Directive  75/439/EEC,  while  integrating  the  specific  collection 
obligation. 

The main amendments to the Waste Framework Directive are as follows: 

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The introduction of an environmental objective. 

The clarification of the notions of recovery and disposal. 

The clarification of the conditions for the mixing of hazardous waste. 

The  introduction  of  a  procedure  to  clarify  when  a  waste  ceases  to  be  a  waste  for  selected 
waste streams. 

The introduction of minimum standards or a procedure to establish minimum standards for 
a number of waste management operations. 

The introduction of a requirement to develop national waste prevention programmes. 

•  Legal basis 

The primary objective of the Directive is the protection of the environment. This proposal is 
therefore based on Article 175 EC, as was the previous revision of the Waste Framework 
Directive. 

•  Subsidiarity principle 

The subsidiarity principle applies insofar as the proposal does not fall under the exclusive 
competence of the Community. 

The objectives of the proposal cannot be sufficiently achieved by the Member States for the 
following reasons: 

The  Waste  Framework  Directive  sets  the  basis  for  European  co-operation  in  the  area  of 
waste.  It  sets  minimum  standards  for  the  internal  market  in  waste  for  recycling,  and  is 
crucial to the operation of all the other Directives and Regulations in the field of waste. It is 
a framework Directive, and allows detailed implementation to be carried out at the Member 
State level. 

On the other hand, the repeal of the requirement to give priority to the processing of waste 
oils  by  regeneration  leaves  the  prioritisation  of  specific,  environmentally  preferable 
technologies to the Member State. 

Action  on  the  other  waste  issues  by  the  Member  States  alone  would  render  the  internal 
market in waste for recycling inoperable and damage co-operation on other forms of waste 
treatment. This would lead to significant economic and environmental costs. 

Community  action  will  better  achieve  the  objectives  of  the  proposal  for  the  following 
reasons. 

Only  action  at  the  EU  level  can  guarantee  that  the  environment  and  human  health  is 
protected from the potentially deleterious effects of waste generation and management. 

Waste is moved throughout the EU and indeed internationally. The environmental impact of 
the generation and management of waste in terms of air, soil and water pollution knows no 
borders. In addition, an internal market in waste for recycling can only exist where there is a 

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common  EU  definition  of  key  notions  such  as  "waste",  "recovery"  and  "disposal",  and 
where there are common minimum standards relating to the handling of waste. 

The  revision  of  the  Waste  Framework  Directive  preserves  the  framework  nature  of  the 
Directive. It regulates aspects such as definitions and minimum standards, whilst allowing 
the  Member  States  to  implement  the  details  of  their  waste  management  approaches  at  the 
national, regional or local level. 

The proposal therefore complies with the subsidiarity principle. 

•  Proportionality principle 

The proposal complies with the proportionality principle for the following reasons. 

The proposal for the revision of the Waste Framework Directive significantly simplifies the 
existing  Directive. It  also  repeals two other Directives, and integrates the aspects of those 
Directives  that  remain  pertinent  into  the  revised  Waste  Framework  Directive.  As  a 
framework  Directive,  it  regulates  only  points  on  which  it  is  essential  that  there  is  a 
harmonised approach, allowing for national decisions in other areas. 

The  proposal  introduces  a  number  of  innovations  that  will  reduce  the  financial  and 
administrative burden of waste regulation whilst preserving a high level of protection of the 
environment and human health. 

•  Choice of instruments 

Proposed instruments: framework directive. 

Other means would not be adequate for the following reason. 

A  less  flexible  legal  measure  would  be  disproportionate,  given  the  need  to  allow  for 
national  differences  in  the  management  of  waste  as  well  as  cultural  and  geographical 
differences.  A  voluntary  or  more  flexible  measure  would  not  give  the  legal  certainty 
necessary for the operation of the internal market and the assurance for citizens that health 
and environmental protection are not adversely affected by the generation and management 
of waste, throughout the whole of the EU. 

4)  BUDGETARY IMPLICATION 

The proposal has no implication for the Community budget. The measures contained in the 
proposal remain within the current financial framework and the legislation proposed for the 
period 2007-2013. 

5)  ADDITIONAL INFORMATION 

•  Simplification 

The  proposal  provides  for  simplification  of  legislation,  simplification  of  administrative 
procedures  for  public  authorities  (EU  or  national),  and  simplification  of  administrative 
procedures for private parties. 

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The proposal for the revision of the Waste Framework Directive simplifies, modernises and 
clarifies  the  Waste  Framework  Directive  in  a  number  of  ways.  In  addition,  it  repeals  two 
existing  Directives,  eliminates  the  redundant  provisions  and  incorporates  the  remaining 
provision in the revised proposal. This simplifies the structure of EU waste legislation. 

The waste management plan obligation has been clarified and simplified. 

A procedure allowing for end of waste criteria to be set, clarifying where a waste ceases to 
be  a  waste  is  introduced,  thereby  introducing  regulatory  relief  for  recycled  products  or 
materials that represent a low risk for the environment. 

The  potential  permitting  overlap  between  the  Waste  Framework  Directive  and  the  IPPC 
Directive  has  been  clarified,  in  order  to  reduce  the  chances  of  double  permitting  being 
demanded at the Member State level. 

The  proposal  is  included  in  the  Commission's  rolling  programme  for  up-date  and 
simplification of the acquis communautaire and its Work and Legislative Programme under 
the reference WP 05 2004/ENV/001. 

•  Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

•  Correlation table 

The  Member  States  are  required  to  communicate  to  the  Commission  the  text  of  national 
provisions transposing the Directive as well as a correlation table between those provisions 
and this Directive. 

•  European Economic Area 

The  proposed  act  concerns  an  EEA  matter  and  should  therefore  extend  to  the  European 
Economic Area. 

•  Detailed explanation of the proposal 

Article 1 sets out the objective of the proposed Directive. 

The new objective refocuses the Waste Framework Directive on the environmental impacts 
of the generation and management of waste, taking into account the life cycle of resources. 
It  links  the  'waste  hierarchy',  formerly  contained  in  Article  3  of  Directive  75/442/EEC,  to 
this  objective,  without  changing  the  order  or  nature  of  the  hierarchy.  The  wording  of  the 
hierarchy is modernised, in order to take into account evolutions in the nature of the terms 
used. 

Article 2 sets out the scope of the proposed Directive. 

Article 2, second paragraph, is amended in order to restrict the notion of ‘covered by other 
legislation’ to Community legislation only. This is in order to improve legal certainty and to 
ensure  a  minimum  coverage  at  the  Community  level.  It  also  includes  new  exclusions  on 
contaminated unexcavated soil, animal by-products and agricultural by-products. 

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Article 3 contains the definitions for the purposes of this Directive and the Directives that 
make reference to it. 

The definition of waste is unchanged, but a mechanism is added in Chapter III to allow the 
possibility of clarifying when certain wastes cease to be wastes by specifying criteria via a 
comitology process for those waste streams that meet the tests set out in Article 11. 

The definition of re-use is defined in the same way as it is in the Packaging and Packaging 
Waste Directive. 

A definition of recycling is added in order to clarify the scope of this notion. 

The definition of collection is revised to clarify that it covers the act of collecting the waste 
and bringing it together in order that such waste may be transported to the appropriate waste 
treatment  site,  but  not  the  waste  treatment  operations  involved  with  mixing  or  sorting  the 
waste. 

The definitions of 'producer', 'holder', and 'management' are substantially unchanged. 

Article 4 maintains the legal basis for the waste list established by Commission Decision. 

Articles 5 and 6 contain a revised definition of recovery that confirms that the basis for this 
definition is the substitution of resources. In combination with the definition of disposal, it 
allows  for  the  settling  of  difficult  distinctions  via  the  setting  of  efficiency  criteria  where 
appropriate. It also contains procedures that allow for the clarification of the classification 
of  certain  waste  operations  as  recovery  or  disposal,  where  this  is  necessary,  via  a 
comitology process. 

Articles 7 and 8 now set out both the general obligation to ensure that waste is managed in a 
way that does not endanger the environment or human health and that waste is handled in a 
way that is compatible with the Directive. The wording of these obligations is unchanged 
from Directive 91/156/EEC. 

Article  9  on  the  cost  of  treatment  is  extended  to  recovery  operations  as  well  as  disposal 
operations. It is amended to make it clear that the costs of waste management that must be 
borne by the waste holders or producer should reflect the full externalities of the disposal or 
recovery of such waste. In other words it should reflect the real cost of the generation and 
management of such waste on the environment. 

Article 10 on the network of disposal installations is substantially unchanged. 

Chapter III contains a mechanism to allow the possibility of clarifying when certain wastes 
cease to be wastes by specifying criteria via a comitology process for those waste streams 
that meet the tests set out in Article 11. 

Articles 12 to 15 on hazardous waste are incorporated from the Hazardous Waste Directive 
into the revised Waste Framework Directive. The definition of hazardous waste is revised to 
clarify the notion of domestic waste and its exclusion from the definition. 

Article 16 on the separation of hazardous wastes is incorporated from the Hazardous Waste 
Directive into the revised Waste Framework Directive. The derogation to the mixing ban is 

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maintained,  but  is  made  subject  to  conformity  with  Best  Available  Techniques.  The 
reference to 'safety' is removed, as it is not now a term that is used in waste legislation and 
is not compatible with a focus on environmental impacts. 

Article 17 on the labelling of hazardous wastes is incorporated from the Hazardous Waste 
Directive into the revised Waste Framework Directive. 

Article 18 on mineral waste oils carries over the obligation to separately collect such waste 
oils from the Waste Oil Directive. 

Article  19  combines  the  two  previous  articles  on  permits  for  recovery  and  disposal  but  is 
otherwise unchanged. 

Article 20 specifies that an establishment or undertaking that has an IPPC permit does not in 
addition require a Waste Framework Directive permit. 

Article  21  allows  the  Commission  to  set  minimum  standards  for  permits  through 
comitology where this would be necessary. 

Articles 22 to 24 set out the conditions under which permit exemptions may be granted for 
waste and hazardous waste. 

Article  25  reinforces  the  requirements  that  apply  to  collectors,  transporters,  dealers  and 
brokers.  It  introduces  a  procedure  that  may  be  used  to  adopt  minimum  standards  in  this 
area. 

Article  26  on  waste  management  plans  has  been  redrafted  in  order  to  make  clearer  what 
should be contained in a waste management plan. It also specifies that a life-cycle approach 
should be taken to the elaboration of these plans. 

Articles 29 to 31 put in place a specific article on waste prevention, requiring the Member 
States  to  draw  up  waste  prevention  programmes  and  setting  down  the  conditions  under 
which those programmes should be developed. 

Article  32  on  inspection  is  reinforced  by  a  specific  requirement  to  cover  the  origin  and 
destination of the waste collected and transported. 

Article 34 now contains a review clause as well as the previous reporting measures. 

The remaining Articles are substantially unchanged. 

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2005/0281 (COD) 

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 
175(1) thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

Council  Directive  75/442/EEC  of  15  July  1975  on  waste5  establishes  the  legislative 
framework for the handling of waste in the Community. It defines key concepts such 
as  waste,  recovery  and  disposal  and  puts  in  place  the  essential  requirements  for  the 
management  of  waste,  notably  the  obligation  for  waste  management  operations  and 
economic  operators  to  have  a  permit  or  to  be  registered,  the  obligation  for  Member 
States to set up waste management plans and major principles such as the obligation to 
handle waste in a way that does not have a negative impact on the environment, and 
the principle that producers of waste should have to pay the cost of its treatment. 

(2) 

Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 
2002  laying  down  the  sixth  Community  Environment  Action  Programme6  calls  for 
development or revision of the legislation on wastes, including, inter alia, clarification 

1 
2 
3 
4 

5 

6 

OJ C......  
OJ C...... 
OJ C......  
Opinion  of  the  European  Parliament  of  ..  ..  ...  (OJ  C  .......),  common  position  of  the  Council  of  ..  .  .  
(OJ C .....) and Decision of the European Parliament of .. .. .... (OJ C ......). .....  
OJ  L  194,  25.7.1975,  p.  39.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003  of  the 
European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 
OJ L 242, 10.9.2002, p. 1. 

EN 

12 

   EN 

 
 
                                                 
(3) 

(4) 

(5) 

(6) 

(7) 

(8) 

(9) 

of the distinction between waste and non-waste and development of adequate criteria 
for the further elaboration of Annexes IIA and IIB to Directive 75/442/EEC. 

The Commission Communication of 27 May 2003 towards a Thematic Strategy on the 
prevention and recycling of waste noted the need to assess the existing definitions of 
recovery and disposal, the need for a generally applicable definition of recycling and a 
debate on the definition of waste. 

In its resolution of 20 April 2004 the European Parliament called on the Commission 
to consider extending Council Directive 96/61/EC of 24 September 1996 concerning 
integrated  pollution  prevention  and  control7  to  the  waste  sector  as  a  whole.  It  also 
asked  the  Commission  to  differentiate  clearly  between  recovery  and  disposal  and  to 
clarify the distinction between waste and non-waste. 

In  its  conclusions  of  1  July  2004  the  Council  called  on  the  Commission  to  bring 
forward a proposal for a revision of certain aspects of Directive 75/442/EEC, in order 
to  clarify  the  distinction  between  waste  and  non-waste  and  the  distinction  between 
recovery and disposal. 

It  is  therefore  necessary  to  revise  Directive  75/442/EEC  in  order  to  clarify  key 
concepts  such  as  the  definitions  of  waste,  recovery  and  disposal,  to  strengthen  the 
measures that must be taken on waste prevention, to introduce an approach that takes 
into account the whole life-cycle of products and materials and not simply the waste 
phase,  and  to  focus  on  reducing  the  environmental  impacts  of  waste  generation  and 
waste management, thereby strengthening the economic value of waste. In the interests 
of clarity and readability, Directive 75/442/EEC should be replaced. 

Since most significant waste management operations are now covered by Community 
legislation in the field of environment, it is important that this Directive be adapted to 
that approach. An emphasis on the environmental objectives laid down in Article 174 
of the Treaty would enable a sharper focus upon the environmental impacts of waste 
generation  and  waste  management 
resources. 
Consequently, the legal basis for this Directive should be Article 175. 

life-cycle  of 

throughout 

the 

Economic instruments, when they are cost effective, have proven to be and should be 
effective in achieving waste prevention and management objectives. Waste has value 
as  a  resource  and  the  further  application  of  economic  instruments  will  maximise 
environmental  benefits.  Their  use  at  the  appropriate  level  should  therefore  be 
encouraged in this Directive. 

Regulation  (EC)  No  1774/2002  of  the  European  Parliament  and  of  the  Council  lays 
intended  for  human 
down  health  rules  concerning  animal  by-products  not 
consumption8. It lays down inter alia proportionate controls as regards the processing, 
use and disposal of all waste of animal origin, preventing it from presenting a risk to 
animal  and  public  health.  It  is  therefore  necessary  to  clarify  the  link  with  that 
Regulation, avoiding duplication of rules by excluding animal by-products where they 
are intended for uses that are not considered waste operations. 

7 

8 

OJ  L  257,  10.10.1996,  p.  26.  Directive  as  last  amended  by  Regulation  (EC)  No  1882/2003  of  the 
European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). 
OJ L 273, 10.10.2002, p. 1. 

EN 

13 

   EN 

 
                                                 
(10) 

In the light of the experience gained in applying Regulation (EC) No 1774/2002, it is 
appropriate to clarify the scope of waste legislation and of its provisions on hazardous 
waste as regards animal by-products as regulated by Regulation (EC) No 1774/2002. 
Where animal by-products pose potential health risks the appropriate legal instrument 
to  address  these  risks  is  Regulation  (EC)  No  1774/2002  and  overlaps  with  waste 
legislation should be avoided. 

(11)  A definition of re-use should be added in order to clarify the ambit of this operation in 
general  waste  treatment  and  the  role  of  the  re-use  of  materials  or  products  that  are 
within the scope of the definition of waste. The definition of re-use should not cover 
the re-use of products which do not become waste in the first place, and should relate, 
therefore,  only  to  activities  which  lead  to  the  re-use  of  products  or  components  that 
have become waste. 

(12)  A definition of recycling should be added to the Waste Framework Directive in order 

to clarify the scope of this concept. 

(13)  The definitions of recovery and disposal need to be modified in order to ensure a clear 
distinction between the two concepts, based on a genuine difference in environmental 
impact, and more specifically on whether or not the operation leads to the substitution 
of  natural  resources  in  the  economy.  In  addition  it  is  necessary  to  add  a  corrective 
mechanism  to  clarify  cases  where  this  distinction  is  difficult  to  apply  in  practice  or 
where  the  classification  of  the  activity  as  recovery  does  not  match  the  real 
environmental impact or the operation. 

(14) 

(15) 

(16) 

(17) 

In order to clarify certain aspects of the definition of waste, it is necessary to specify 
when  certain  wastes  are  to  be  deemed  to  cease  to  be  a  waste  and  to  become  a 
secondary material or substance, on a category by category basis. The provision of a 
mechanism whereby reclassification is subject to criteria that provide a high level of 
environmental protection should provide an environmental and economic benefit. 

It is appropriate that costs be allocated in such a way as to reflect the real cost to the 
environment of the generation and management of that waste. 

It is necessary, in order to enable the Community as a whole to become self-sufficient 
in  waste  disposal  and  the  Member  States  to  move  towards  that  aim  individually,  to 
make  provision  for  a  network  of cooperation  as regards disposal installations, taking 
into account geographical circumstances and the need for specialised installations for 
certain types of waste. 

It  is  necessary  to  specify  further  the  scope  and  content  of  the  waste  management 
planning obligation, notably in terms of the coverage of historical contaminated sites 
and the use of economic instruments, and to integrate into the process of developing or 
revising  such  plans  the  need  to  take  into  account  the  environmental  impacts 
throughout  the  life-cycle  of  products  and  materials.  Account  should  also  be  taken, 
where  appropriate,  of  the  waste  planning  requirements  laid  down  in  Article  14  of 
Directive 94/62/EC9 of the European Parliament and of the Council of 20 December 
1994  on  packaging  and  packaging  waste,  and  the  strategy  for  the  reduction  of 

9 

OJ L 365, 31.12.1994, p. 10. 

EN 

14 

   EN 

 
                                                 
biodegradable  waste  going  to  landfills,  referred  to  in  Article  5  of  Council  Directive 
1999/31/EC of 26 April 1999 on the landfill of waste10. 

(18) 

In order to improve the way in which waste prevention actions are taken forward in the 
Member  States  and  to  facilitate  the  circulation  of  best  practice  in  this  area,  it  is 
necessary to strengthen the provisions relating to waste prevention and to introduce a 
requirement  for  the  Member  States  to  develop  waste  prevention  programmes 
concentrating  on  the  key  environmental  impacts  and  taking  into  account  the  whole 
life-cycle.  Such  objectives  and  measures  should  aim  to  break  the  link  between 
economic  growth  and  the  environmental  impacts  associated  with  the  generation  of 
waste.  Stakeholders,  as  well  as  the  general  public,  should  have  the  opportunity  to 
participate in the drawing up of the programmes, and should have access to them once 
drawn  up,  in  line  with  Directive  2003/35/EC  of  the  European  Parliament  and  of  the 
Council11. 

(19)  Certain  provisions  on  the  handling  of  waste,  laid  down  in  Council  Directive 
91/689/EEC of 12 December 1991 on hazardous waste12, should be amended in order 
to remove obsolete material and to improve the clarity of the text. In the interests of 
the simplification of Community legislation, they should be integrated into the present 
Directive.  In  order  to  clarify  the  operation  of  the  mixing  ban,  and  to  protect  the 
environment  and  human  health,  the  exemptions  to  the  mixing  ban  laid  down  in 
Directive 91/689/EEC should be confined to situations where such mixing represents 
best  available  techniques  as  defined  in  Directive  96/61/EC.  Directive  91/689/EEC 
should therefore be repealed. 

(20)  Since the priority given to regeneration in Council Directive 75/439/EEC of 16 June 
1975 on the disposal of waste oils13 no longer reflects a clear environmental benefit, 
that  Directive  should  be  repealed.  However,  as  the  separate  collection  of  waste  oils 
remains  crucial  to  their  proper  management  and  the  prevention  of  damage  to  the 
environment  from  their  improper  disposal,  the  collection  obligation  for  waste  oils 
should be integrated into the present Directive. Directive 75/439/EEC should therefore 
be repealed. 

(21)  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 Commission14. 

(22)  Since the objectives of this Directive of protecting the environment and ensuring the 
proper  functioning  of  the  internal  market  cannot  be  sufficiently  achieved  by  the 
Member States and can therefore, by reasons of the scale or effects of the action, be 
better  achieved  at  Community  level,  the  Community  may  adopt  measures,  in 
accordance  with the principle of subsidiarity as set out in Article 5 of  the Treaty. In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Directive does not go beyond what is necessary in order to achieve those objectives, 

10 
11 
12 
13 

14 

OJ, L 182, 16.7.1999, p. 1. 
OJ L 156, 25.6.2003, p. 17. 
OJ L 377, 31.12.1991, p. 20. Directive amended by Directive 94/31/EC (OJ L 168, 2.7.1994, p. 28). 
OJ  L  194,  25.7.1975,  p.  23.  Directive  as  last  amended  by  Directive  2000/76/EC  of  the  European 
Parliament and of the Council (OJ L 332, 28.12.2000, p. 91). 
OJ L 184, 17.7.1999, p. 23. 

EN 

15 

   EN 

 
                                                 
HAVE ADOPTED THIS DIRECTIVE: 

Chapter I 
Subject matter, scope and definitions 

Article 1 
Subject matter 

This  Directive  lays  down  measures  with  a  view  to  reducing  the  overall  environmental 
impacts, related to the use of resources, of the generation and management of waste. 

For  the  same  purposes,  it  also  makes  provision  whereby  the  Member  States  are  to  take 
measures, as a matter of priority, for the prevention or reduction of waste production and its 
harmfulness and, secondly, for the recovery of waste by means of re-use, recycling and other 
recovery operations. 

Article 2 
Scope 

This Directive shall not cover gaseous effluents emitted into the atmosphere. 

1. 

It  shall  not  cover  the  following  categories  of  waste,  as  regards  certain  specific 
aspects  of  those  categories  which  are  already  covered  by  other  Community 
legislation: 

(a) 

radioactive waste; 

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

resources and the working of quarries;  

(c) 

faecal matter and other natural, non-dangerous substances used in farming; 

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

(e) 

decommissioned explosives; 

(f) 

unexcavated contaminated soil. 

2. 

3. 

It  shall  not  cover  animal  carcases  or  animal  by-products  intended  for  uses  in 
accordance with Regulation (EC) No 1774/2002 without prejudice to the application 
of  the  present  Directive  to  the  treatment  of  biowaste  that  contains  animal  by-
products. 

It  shall  not  cover  faecal  matter,  straw  and  other  natural  non-hazardous  substances 
from agricultural production that are used in farming or for the production of energy 
from  biomass  through  using  processes  or  methods  which  do  not  harm  the 
environment or endanger human health. 

EN 

16 

   EN 

 
4. 

‘animal carcases’ as referred to in paragraph 2 means animals that die other than by 
being  slaughtered,  including  animals  killed to  eradicate  an  epizootic  disease,  in  the 
context of agricultural or farming practices. 

Article 3 
Definitions 

For the purposes of this Directive, the following definitions shall apply: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

‘waste’  means  any  substance  or  object  which  the  holder  discards  or  intends  or  is 
required to discard; 

‘producer’ means anyone whose activities produce waste or anyone who carries out 
pre-processing,  mixing  or  other  operations  resulting  in  a  change  in  the  nature  or 
composition of this waste; 

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

‘management’  means  the  collection,  transport,  recovery  and  disposal  of  waste, 
including the supervision of such operations and after-care of disposal sites; 

‘collection’  means  the  gathering  of  waste  for  the  purposes  of  transport  to  a  waste 
treatment facility; 

‘re-use’  means  any  recovery  operation  by  which  products  or  components  that  have 
become waste are used again for the same purpose for which they were conceived; 

‘recycling’  means  the  recovery  of  waste  into  products,  materials  or  substances 
whether for the original or other purposes. It does not include energy recovery; 

‘mineral  waste  oils’  means  any  mineral-based  lubrication  or  industrial  oils  which 
have  become  unfit  for  the  use  for  which  they  were  originally  intended,  and  in 
particular used combustion engine oils and gearbox oils, mineral lubricating oils, oils 
for turbines and hydraulic oils; 

(i) 

‘treatment” means recovery or disposal.  

Article 4  
List of wastes  

A  list  of  wastes  shall  be  established  by  the  Commission,  in  accordance  with  the  procedure 
referred to in Article 36(2). 

The list shall include waste to be regarded as hazardous pursuant to Articles 12 to 15, taking 
into  account  the  origin  and  composition  of  the  waste  and,  where  necessary,  limit  values  of 
concentration. 

EN 

17 

   EN 

 
Chapter II 
Recovery and disposal 

SECTION 1 
GENERAL  

Article 5 
Recovery 

1. 

2. 

1. 

2. 

3. 

Member States shall take the necessary measures to ensure that all waste undergoes 
operations that result in it serving a useful purpose in replacing, whether in the plant 
or in the wider economy, other resources which would have been used to fulfil that 
function,  or  in  it  being  prepared  for  such  a  use,  hereinafter  “recovery  operations”. 
They shall regard as recovery operations at least the operations listed in Annex II. 

The Commission may, in accordance with the procedure referred to in Article 36(2), 
adopt implementing measures in order to set efficiency criteria on the basis of which 
operations listed in Annex II may be considered to have resulted in a useful purpose, 
as referred to in paragraph 1. 

Article 6 
Disposal 

Member States shall ensure that, where recovery in accordance with Article 5(1) is 
not possible, all waste undergoes disposal operations. 

They shall prohibit the abandonment, dumping or uncontrolled disposal of waste. 

Member  States  shall  regard  as  disposal  operations  at  least  the  operations  listed  in 
Annex I, even where the operation has as a secondary consequence the reclamation 
of substances or energy. 

Where,  despite  substitution  of  resources  taking  place,  the  results  of  an  operation 
indicate  that,  for  the  purposes  of  Article  1,  it  has  only  a  low  potential,  the 
Commission  may,  in  accordance  with  the  procedure  referred  to  in  Article  36(2), 
adopt  implementing  measures  adding  that  specific  operation  to  the  list  set  out  in 
Annex I. 

Member States shall ensure that the recovery or disposal of waste is carried out as follows: 

Article 7 
Conditions 

(a) 

(b) 

EN 

without endangering human health; 

without using processes or methods which could harm the environment; 

18 

   EN 

 
(c) 

(d) 

(e) 

without risk to water, air, soil and plants and animals; 

without causing a nuisance through noise or odours; 

without adversely affecting the countryside or places of special interest. 

Article 8 
Responsibility 

Member  States  shall  ensure  that  any  holder  of  waste  carries  out  its  recovery  or  disposal 
himself  or  has  its  recovery  or  disposal  handled  by  an  establishment  or  undertaking  which 
carries out waste treatment operations or arranged by a private or public waste collector. 

SECTION 2 
COSTS AND NETWORKS 

Article 9 
Costs 

Member  States  shall  ensure  that  the  costs  entailed  in  the  recovery  or  disposal  of  waste  are 
allocated, as appropriate, between the holder, previous holders and the producer. 

Article 10 
Network of disposal installations 

Each Member State 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  techniques within the  meaning of 
Article 2(11) of Directive 96/61/EC, hereinafter “best available techniques”. 

The network shall be designed to 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  shall  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. 

EN 

19 

   EN 

 
Chapter III 
End of waste 

Article 11 
Secondary products materials and substances 

1. 

2. 

3. 

With a view to determining whether it is appropriate to deem certain waste to have 
ceased being waste, to have completed a re-use, recycling or recovery operation, and 
to  reclassify  that  waste  as  secondary  products  materials  or  substances,  the 
Commission shall assess whether the following conditions are met: 

(a) 

reclassification would not lead to overall negative environmental impacts; 

(b) 

a market exists for such a secondary product, material or substance. 

On  the  basis  of  its  assessment  pursuant  to  paragraph  1,  the  Commission  shall,  in 
accordance  with  the  procedure  referred  to  in  Article  36(2),  adopt  implementing 
measures  in  respect  of  a  specific  product,  material  or  substance  category  of  waste, 
specifying the environmental and quality criteria to be met in order for that waste to 
be deemed to have become a secondary product material or substance. 

The criteria set pursuant to paragraph 2 shall be such as to ensure that the resulting 
secondary product, material or substance meets the necessary conditions to be placed 
on the market. 

The  criteria  shall  take  into  account  any  risks  of  environmentally  harmful  use  or 
shipment  of  the  secondary  material  or  substance,  and  shall  be  set  at  a  level  that 
guarantees a high level of protection for human health and the environment. 

Chapter IV 
Hazardous waste 

SECTION ONE 
CLASSIFICATION AND LISTING 

Article 12 
Classification 

Waste shall be regarded as hazardous waste if it displays one or more of the properties listed 
in Annex III. 

Hazardous waste produced by households shall not be regarded as hazardous waste until it is 
collected  by  an  undertaking  which  carries  out waste  treatment  operations  or  by  a  private  or 
public waste collector. 

EN 

20 

   EN 

 
Animal  by-products  and  products  derived  from  them,  covered  by  Regulation  (EC)  No 
1774/2002,  shall  not  be  subject  to  the  provisions  of  this  Directive  that  apply  to  hazardous 
waste unless they have been mixed with hazardous waste. 

Article 13 
List 

The Commission shall, in accordance with the procedure referred to in Article 36(2), establish 
a list of hazardous wastes, hereinafter “the list”. 

The list shall take into account the origin and composition of the waste and, where necessary, 
limit values of concentration. 

Article 14 
Unlisted hazardous waste 

1. 

2. 

1. 

2. 

A Member State may treat waste as hazardous where, even though it does not appear 
as such on the list of wastes referred to in Article 4, hereinafter “the list”, it displays 
one or more of the properties listed in Annex III. 

The  Member  State  shall  notify  any  such  cases  to  the  Commission  in  the  report 
provided  for  in  Article  34(1),  and  shall  provide  the  Commission  with  all  relevant 
information. 

The Commission shall, in the light of notifications received, review the list in order 
to  decide  on  its  adaptation,  in  accordance  with  the  procedure  referred  to  in  Article 
36(2). 

Article 15 
Listed non-hazardous waste 

Where a Member State has evidence to show that a specific waste that appears on the 
list as hazardous waste does not display any of the properties listed in Annex III, it 
may treat that waste as non-hazardous waste. 

The  Member  State  shall  notify  any  such  cases  to  the  Commission  in  the  report 
provided  for  in  Article  34(1)  and  shall  provide  the  Commission  with  the  necessary 
evidence. 

The Commission shall, in the light of notifications received, review the list in order 
to  decide  on  its  adaptation,  in  accordance  with  the  procedure  referred  to  in  Article 
36(2). 

EN 

21 

   EN 

 
SECTION TWO 
SPECIAL REQUIREMENTS 

Article 16 
Separation 

1. 

Member  States  shall  take  the  necessary  measures  to  ensure  that  the  following 
conditions  are  met  where  hazardous  waste  is  mixed,  either  with  other  hazardous 
waste possessing different properties or with other waste, substances or materials: 

(a) 

the mixing operation is carried out by  an establishment  or  undertaking  which 
has obtained a permit in accordance with Article 19; 

(b) 

the conditions laid down in Article 7 are complied with; 

(c) 

the environmental impact of the management of the waste is not worsened; 

(d) 

such an operation conforms to best available techniques. 

Subject  to  technical  and  economical  feasibility  criteria  to  be  determined  by  the 
Member  States,  where  hazardous  waste  has  been  mixed,  in  a  manner  contrary  to 
paragraph 1, with other hazardous waste possessing different properties or with other 
wastes, substances or materials, separation shall be effected where necessary in order 
to comply with Article 7. 

Article 17 
Labelling 

Member  States  shall  take  the  necessary  measures  to  ensure  that,  in  the  course  of 
collection,  transport  and  temporary  storage,  hazardous  waste  is  packaged  and 
labelled in accordance with the international and Community standards in force. 

Whenever  hazardous  waste  is  transferred,  it  shall  be  accompanied  by  an 
identification form as referred to in Council Regulation (EC) No 259/93. 

2. 

1. 

2. 

Article 18 
Mineral waste oils 

Without prejudice to the obligations related to the handling of hazardous waste laid down in 
Articles 16 and 17, Member States shall take the necessary  measures to ensure that mineral 
waste oils are collected and handled in accordance with Article 7. 

EN 

22 

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Chapter V 
Permits or registration 

SECTION 1 
PERMITS 

SUBSECTION 1 
GENERAL 

Article 19 
Issuing 

1. 

Member States shall require any establishment or undertaking intending to carry out 
disposal  or  recovery  operations  to  obtain  a  permit  from  the  national  competent 
authorities. 

Such permits shall specify the following: 

(a) 

the types and quantities of waste that may be treated; 

(b) 

for each type of operation permitted, the technical requirements relevant to the 
site concerned; 

(c) 

the security precautions to be taken; 

(d) 

the method to be used for each type of operation. 

Permits may specify additional conditions and obligations. 

2. 

3. 

4. 

Permits may be granted for a specified period and they may be renewable. 

Where  the  national  competent  authority  considers  that  the  intended  method  of 
treatment is unacceptable from the point of view of environmental protection, it shall 
refuse to issue a permit. 

It  shall  be  a  condition  of  any  permit  covering  energy  recovery  that  the  recovery  of 
energy is to take place with a high level of energy efficiency. 

Article 20 
Permits under Directive 96/61/EC 

Article 19(1) of this Directive shall not apply in the case of an establishment or undertaking 
which has obtained a permit under Directive 96/61/EC. 

EN 

23 

   EN 

 
 
Article 21 
Implementing measures 

The  Commission  may,  in  accordance  with  the  procedure  referred  to  in  Article  36(2),  adopt 
minimum  standards  for  permits  designed  to  ensure  that  the  waste  is  treated  in  an 
environmentally sound manner. 

SUBSECTION 2 
EXEMPTIONS 

Article 22 
Eligibility 

Member States may exempt the following from the requirement laid down in Article19(1): 

(a) 

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

(b) 

establishments or undertakings that carry out waste recovery. 

Where  an  establishment  or  undertaking  carries  out  both  disposal  and  recovery,  it  may  be 
exempted only in respect of its recovery operations. 

Article 23 
General rules 

1. 

Where a Member State wishes to allow exemptions, as provided for in Article 22, it 
shall  ensure  that  the  competent  authorities  lay  down,  in  respect  of  each  type  of 
activity,  general  rules  specifying  the  types  and  quantities  of  waste  that  may  be 
covered by an exemption, and the method of treatment to be used. 

Those  rules  shall  be  based  on  best  available  techniques  and  shall  be  designed  to 
ensure compliance with Article 7. 

2. 

Member States shall inform the Commission of the general rules laid down pursuant 
to paragraph 1. 

Article 24 
Hazardous waste 

In  the  case  of  hazardous  waste,  Member  States  may  allow  the  exemption  under  Article  22 
only of establishments or undertakings that carry out recovery operations. 

In  addition  to  the  general  rules  provided  for  in  Article  23(1),  the  Member  States  shall  lay 
down  specific  conditions  for  exemptions  relating  to  hazardous  waste,  including  limit  values 
for the content of hazardous substances in the waste, emission limit values, types of activity, 
as well as any other necessary requirements for carrying out different forms of recovery. 

EN 

24 

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SECTION 2 
REGISTRATION 

Article 25 
Registration 

Member States shall ensure that the national competent authority keeps a register of 
establishments  or  undertakings  which  collect  or  transport  waste  on  a  professional 
basis or which, as dealers or brokers, arrange for the treatment of waste on behalf of 
others, and which are not subject to a permit requirement pursuant to Article 19(1). 

Those establishments or undertakings shall comply with certain minimum standards. 

All  establishments  or  undertakings  exempted  in  accordance  with  Subsection  2  of 
Section 1 shall be entered in the register provided for in paragraph 1. 

The Commission shall, in accordance with the procedure referred to in Article 36(2), 
adopt the minimum standards referred to in the second subparagraph of paragraph 1. 

Member States shall ensure that the system of waste collection and transport within 
their  territory  ensures  that  the  waste  collected  and  transported  is  delivered  to 
appropriate treatment installations respecting the obligations in Article 7. 

Chapter VI 
Waste management 

SECTION 1 
PLANS 

Article 26 
Waste management plans 

Member States shall ensure that their competent authorities establish, in accordance 
with Article 1, one or more waste management plans, which shall be revised at least 
every five years. 

Those plans shall, alone or in combination, cover the entire geographical territory of 
the Member State concerned. 

The waste management plans provided for in paragraph 1 shall set out an analysis of 
the current waste management situation in the geographical entity concerned, as well 
as the measures to be taken for the prevention, re-use, recycling, recovery and safe 
disposal of waste. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

The waste management plans shall contain at least the following: 

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(a) 

the  type,  quantity  and  origin  of  waste  generated  as  well  as  waste  likely  to  be 
treated from outside the national territory; 

(b)  general  technical  requirements,  including  collection  schemes  and  treatment 

methods; 

(c) 

(d) 

(e) 

any special arrangements for waste streams that pose specific policy, technical 
or waste management problems; 

an  identification  and  assessment  of  existing  disposal  and  major  recovery 
installations  as  well  as  historical  contaminated  waste  disposal  sites  and 
measures for their rehabilitation; 

sufficient  information,  in  the  form  of  criteria  for  site  identification,  to  enable 
the  competent  authorities  to  decide  whether  to  grant  authorisation  or  not  for 
future disposal or major recovery installations; 

(f) 

the natural or legal persons empowered to carry out the management of waste; 

(g) 

financial and organisational aspects related to the management of waste; 

(h) 

an  assessment  of  the  usefulness  and  suitability  of  particular  economic 
instruments in tackling various waste problems, taking into account the need to 
maintain the smooth functioning of the internal market. 

Waste  management  plans  shall  be  in  accordance  with  the  waste  planning 
requirements laid down in Article 14 of Directive 94/62/EC and the strategy for the 
reduction  of  biodegradable  waste  going  to  landfills,  referred  to  in  Article  5  of 
Directive 1999/31/EC, including significant awareness raising campaigns and the use 
of economic instruments. 

The  Member  States  shall  notify  the  Commission  of  all  waste  management  plans 
adopted, or of any revisions to their waste management plans. 

4. 

5. 

At  the  same  time,  they shall provide the  Commission  with  a general  assessment of 
how  the  plans  will  contribute  to  the  aims  of  this  Directive.  That  assessment  shall 
include the strategic environmental assessment of waste management plans provided 
for in Directive 2001/42/EC. 

Article 27 
Cooperation between Member States 

Member  States  shall  cooperate  as  appropriate  with  the  other  Member  States  concerned  to 
draw up the waste management plans in accordance with Article 26. 

They shall ensure public participation in accordance with Directive 2003/35/EC and notably 
through placing the plans on a publicly available website. 

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Article 28 
Implementing measures 

The  Commission  shall,  in  accordance  with  the  procedure  referred  to  in  Article  36(2),  adopt 
the format for notification under Article 26(5). 

SECTION 2 
WASTE PREVENTION PROGRAMMES 

Article 29 
Establishment 

1. 

Member  States  shall  establish,  in  accordance  with  Article  1,  waste  prevention 
programmes no later than [three years after the entry into force of this Directive]. 

Such  programmes  shall  either  be  integrated  into  the  waste  management  plans 
provided for in Article 26, or shall function as separate programmes. They shall be 
drawn up at the geographical level most appropriate for their effective application. 

Member  States  shall  ensure  that  stakeholders  and  the  general  public  have  the 
opportunity to participate in the elaboration of the programmes, and have access to 
them once elaborated, in accordance with Directive 2003/35/EC. 

Article 30 
Content 

In their programmes, Member States shall set waste prevention objectives and shall 
assess opportunities of taking measures as set out in Annex IV. 

Such objectives and measures shall be designed to break the link between economic 
growth and the environmental impacts associated with the generation of waste. 

Member  States  shall  determine  specific  qualitative  and  quantitative  targets  and 
indicators for any measure or combination of measures adopted in order to monitor 
and assess the progress of individual measures. 

2. 

1. 

2. 

Article 31 
Review 

Member States shall regularly evaluate the waste prevention programmes, and as a minimum 
before submitting their reports in accordance with Article 34(1). 

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Chapter VI 
Inspections and records 

Article 32 
Inspections 

Establishments  or  undertakings  which  carry  out  waste  treatment  operations, 
establishments  or  undertakings  which  collect  or  transport  waste  on  a  professional 
basis or which arrange for the treatment of waste on behalf of others, and producers 
of  hazardous  waste  shall  be  subject  to  appropriate  periodic  inspections  by  the 
competent authorities. 

Inspections concerning collection and transport operations shall cover the origin and 
destination of the waste collected and transported. 

Article 33 
Record keeping 

Establishments or undertakings referred to in Article 19(1), producers of hazardous 
waste  and  establishments  and  undertakings  which  collect  or  transport  hazardous 
waste  shall  keep  a  record  of  the  quantity,  nature,  origin,  and,  where  relevant,  the 
destination,  frequency  of  collection,  mode  of  transport  and  treatment  method 
foreseen in respect of the waste and make that information available, on request, to 
the competent authorities. 

For hazardous waste, the records shall be preserved for at least three years except in 
the  case  of  establishments  and  undertakings  transporting  hazardous  waste  which 
must keep such records for at least 12 months. 

Documentary  evidence  that  the  management operations  have  been  carried  out  shall 
be supplied at the request of the competent authorities or of a previous holder. 

Chapter VIII 
Final provisions 

Article 34 
Reporting and reviewing 

At  intervals  of  three  years  Member  States  shall  inform  the  Commission  of  the 
implementation of this Directive, in the form of a sectoral report15. 

Reporting of quantitative information on the generation and treatment of waste shall be brought under 
the  coverage  of  Regulation  (EC)  No  2150/2002.  The  reporting  frequencies  and  deadlines  shall  be 
stipulated in the annexes of that Regulation. 

1. 

2. 

1. 

2. 

1. 

15 

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The report shall be drawn up on the basis of a questionnaire or outline established by 
the  Commission  in  accordance  with  the  procedure  referred  to  in  Article  6  of 
Directive  91/692/EEC16.  The  report  shall  be  made  to  the  Commission  within  nine 
months of the end of the three year period covered by it. 

Member  States  shall  include  in  these  reports  information  on  their  progress  in  the 
implementation of their waste prevention programmes. 

In the context of the reporting obligations, data shall be collected on catering waste, 
enabling the establishment of rules on its safe use, recovery, recycling and disposal. 

The  Commission  shall  send  the  questionnaire  or  outline  to  the  Member  States  six 
months before the start of the period covered by the report. 

The  Commission  shall  publish  a  Community  report  on  the  implementation  of  this 
Directive  within  nine  months  of  receiving  the  reports  from  the  Member  States  in 
accordance with paragraph 1. 

In the first report that intervenes five years after the entry into force of this Directive 
the Commission will review the implementation of the Directive and will present a 
proposal for revision if appropriate. 

2. 

3. 

4. 

Article 35 
Adaptation to technical progress 

The  Commission  shall,  in  accordance  with  the  procedure  referred  to  in  Article  36(2),  adopt 
the amendments necessary for adapting the Annexes to scientific and technical progress. 

1. 

2. 

Article 36 
Committee  

The Commission shall be assisted by a committee, hereinafter "the Committee". 

reference 

this  paragraph,  Articles  5  and  7  of 
Where 
Decision 1999/468/EC  shall  apply,  having  regard  to  the  provisions  of  Article  8 
thereof. 

is  made 

to 

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. 

Article 37 
Transposition 

1. 

Member  States  shall  bring  into  force  the  laws,  regulations  and  administrative 
provisions  necessary  to  comply  with  this  Directive  by  [insert  date  24  months  after 

16 

OJ L 377, 31.12.1991, p. 48. 

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the  entry  into  force]  at  the  latest.  They  shall  forthwith  communicate  to  the 
Commission  the  text  of  those  provisions  and  a  correlation  table  between  those 
provisions and the Directive. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

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. 

Article 38 
Repeal  

Directives 75/439/EEC, 75/442/EEC and 91/689/EEC are repealed. 

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

Article 39 
Entry into force 

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

Article 40 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

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ANNEX I 

DISPOSAL OPERATIONS 

D 1 Deposit into or onto land (e.g. landfill, etc.) 

D 2 Land treatment (e.g. biodegradation of liquid or sludgy discards in soils, etc.) 

D  3  Deep  injection  (e.g.  injection  of  pumpable  discards  into  wells,  salt  domes  or  naturally 
occurring repositories, etc.) 

D  4  Surface  impoundment  (e.g.  placement  of  liquid  or  sludgy  discards  into  pits,  ponds  or 
lagoons, etc.) 

D  5  Specially  engineered  landfill  (e.g.  placement  into  lined  discrete  cells  which  are  capped 
and isolated from one another and the environment, etc.) 

D 6 Release into a water body except seas/oceans 

D 7 Release into seas/oceans including sea-bed insertion 

D  8  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 

D 9 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 the waste is produced) 

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ANNEX II 

RECOVERY OPERATIONS 

R1 Use principally as a fuel or other means to generate energy. 

This includes incineration facilities dedicated to the processing of municipal solid waste only 
where their energy efficiency is equal to or above:  

– 

– 

0.60  for  installations  in  operation  and  permitted  in  accordance  with  applicable 
Community legislation before 1 January 2009, 

0.65 for installations permitted after 31 December 2008, 

using the following formula17: 

Energy efficiency = (Ep -( Ef + Ei)) / (0.97 x (Ew + Ef)) 

In which: 

Ep  means  annual  energy  produced  as  heat  or  electricity.  It  is  calculated  with  energy  in  the 
form of electricity being multiplied by 2.6 and heat produced for commercial use multiplied 
by 1.1 (GJ/year) 

Ef means annual energy input to the system from fuels contributing to the production of steam 
(GJ/year) 

Ew  means  annual  energy  contained  in  the  treated  waste  calculated  using  the  lower  net 
calorific value of the waste (GJ/year) 

Ei means annual energy imported excluding Ew and Ef (GJ/year) 

0.97 is a factor accounting for energy losses due to bottom ash and radiation. 

R 2 Solvent reclamation/regeneration 

R  3  Recycling/reclamation  of  organic  substances  which  are  not  used  as  solvents  (including 
composting and other biological transformation processes) 

R 4 Recycling/reclamation of metals and metal compounds 

R 5 Recycling/reclamation of other inorganic materials 

R 6 Regeneration of acids or bases 

R 7 Recovery of components used for pollution abatement 

R 8 Recovery of components from catalysts 

17 

This  formula  is  based  on  information  contained  in  the  reference  document  on  the  Best  Available 
Techniques for waste incineration. 

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R 9 Oil re-refining or other reuses of oil 

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 the waste is produced) 

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ANNEX III 

PROPERTIES OF WASTES WHICH RENDER THEM HAZARDOUS 

H1 ‘Explosive’: substances and preparations which may explode under the effect of flame or 
which are more sensitive to shocks or friction than dinitrobenzene. 

H2 ‘Oxidizing’: substances and preparations which exhibit highly exothermic reactions when 
in contact with other substances, particularly flammable substances. 

H3-A ‘Highly flammable’: 

– 

– 

– 

– 

– 

liquid  substances  and  preparations  having  a  flash  point  below  21  ºC  (including 
extremely flammable liquids), or 

substances and preparations which may become hot and finally catch fire in contact 
with air at ambient temperature without any application of energy, or 

solid  substances  and  preparations  which  may  readily  catch  fire  after  brief  contact 
with a source of ignition and which continue to burn or to be consumed after removal 
of the source of ignition, or 

gaseous substances and preparations which are flammable in air at normal pressure, 
or 

substances and preparations which, in contact with water or damp air, evolve highly 
flammable gases in dangerous quantities. 

H3-B ‘Flammable’: liquid substances and preparations having a flash point equal to or greater 
than 21 ºC and less than or equal to 55 ºC. 

H4 ‘Irritant’: non-corrosive substances and preparations which, through immediate, prolonged 
or repeated contact with the skin or mucous membrane, can cause inflammation. 

H5  ‘Harmful’:  substances  and  preparations  which,  if  they  are  inhaled  or  ingested  or  if  they 
penetrate the skin, may involve limited health risks. 

H6  ‘Toxic’:  substances  and  preparations  (including  very  toxic  substances  and  preparations) 
which, if they are inhaled or ingested or if they penetrate the skin, may involve serious, acute 
or chronic health risks and even death. 

H7  ‘Carcinogenic’:  substances  and  preparations  which,  if  they  are  inhaled  or  ingested  or  if 
they penetrate the skin, may induce cancer or increase its incidence. 

H8 ‘Corrosive’: substances and preparations which may destroy living tissue on contacts. 

H9  ‘Infectious’:  substances  containing  viable  micro-organisms  or  their  toxins  which  are 
known or reliably believed to cause disease in man or other living organisms. 

H10  ‘Teratogenic’:  substances  and  preparations  which,  if  they  are  inhaled  or  ingested  or  if 
they penetrate the skin, may induce non-hereditary congenital malformations or increase their 
incidence. 

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H11 ‘Mutagenic’: substances and preparations which, if they are inhaled or ingested or if they 
penetrate the skin, may induce hereditary genetic defects or increase their incidence. 

H12  Substances  and  preparations  which  release  toxic  or  very  toxic  gases  in  contact  with 
water, air or an acid. 

H13  Substances  and  preparations  capable  by  any  means,  after  disposal,  of  yielding  another 
substance, e.g. a leachate, which possesses any of the characteristics listed above. 

H14  ‘Ecotoxic’:  substances  and  preparations  which  present  or  may  present  immediate  or 
delayed risks for one or more sectors of the environment. 

Notes 

1. 

2. 

Attribution  of  the  hazardous  properties  ‘toxic’  (and  ‘very  toxic’),  ‘harmful’, 
‘corrosive’ and ‘irritant’ is made on the basis of the criteria laid down by Annex VI, 
part I A and part II B, of Council Directive 67/548/EEC18 as amended. 

With  regard  to  attribution  of  the  properties  ‘carcinogenic’,  ‘teratogenic’  and 
‘mutagenic’, and reflecting the most recent findings, additional criteria are contained 
in  the  ‘Guide  to  the  classification  and  labelling  of  dangerous  substances  and 
preparations’ set out in Part II D of Annex VI to Directive 67/548/EEC as amended. 

Test methods 

The methods to be used are those described in Annex V to Directive 67/548/EEC as amended. 

18 

OJ 196, 16.8.1967, p. 1. 

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ANNEX IV 

WASTE PREVENTION MEASURES 

Measures that can affect the framework conditions related to the generation of waste 

1. 

2. 

3. 

The  use  of  planning  measures,  or  other  economic  instruments  affecting  the 
availability and price of primary resources. 

The  promotion  of  research  and  development  into  the  area  of  achieving  cleaner  and 
less wasteful products and technologies and the dissemination and use of the results 
of such research and development. 

The  development  of  effective  and  meaningful  indicators  of  the  environmental 
pressures  associated  with  the  generation  of  waste  at  all  levels,  from  product 
comparisons through action by local authorities to national measures. 

Measures that can affect the design and production phase 

4. 

5. 

6. 

7. 

8. 

9. 

The  promotion  of  eco-design  (the  systematic  integration  of  environmental  aspects 
into  product  design  with  the  aim  to  improve  the  environmental  performance  of  the 
product throughout its whole life cycle). 

The  provision  of  information  on  waste  prevention  techniques  with  a  view  to 
facilitating the implementation of Best Available Techniques by industry. 

Organise  training  of  competent  authorities  as  regards  the  insertion  of  waste 
prevention requirements in permits under this Directive and Directive 96/61/EC. 

The  inclusion  of  measures  to  prevent  waste  production  at  installations  not  falling 
under  Directive  96/61/EC.  Where  appropriate,  such  measures  could  include  waste 
prevention assessments or plans. 

The  use  of  awareness  campaigns  or  the  provision  of  financial,  decision  making  or 
other  support  to  businesses.  Such  measures  are  likely  to  be  particularly  effective 
where  they  are  aimed  at,  and  adapted  to,  small  and  medium  sized  enterprises  and 
work through established business networks. 

The use of voluntary agreements, consumer/producer panels or sectoral negotiations 
in  order  that  the  relevant  businesses  or  industrial  sectors  set  their  own  waste 
prevention plans or objectives or correct wasteful products or packaging. 

10. 

The  promotion  of  creditable  environmental  management  systems,  including  ISO 
14001. 

Measures that can affect the consumption and use phase 

11. 

Economic instruments such as incentives for clean purchases or the institution of an 
obligatory  payment  by  consumers  for  a  given  article  or  element  of  packaging  that 
would otherwise be provided free of charge. 

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12. 

13. 

14. 

15. 

The  use  of  awareness  campaigns  and  information  provision  directed  at  the  general 
public or a specific set of consumers. 

The promotion of creditable eco-labels. 

Agreements  with  industry,  such  as  the  use  of  product  panels  such  as  those  being 
carried out within the framework of Integrated Product Policies or with retailers on 
the  availability  of  waste  prevention  information  and  products  with  a  lower 
environmental impact. 

In the context of public and corporate procurement, the integration of environmental 
and  waste  prevention  criteria  into  calls  for  tenders  and  contracts,  in  line  with  the 
Handbook on environmental public procurement published by the Commission on 29 
October 2004. 

16. 

The promotion of the reuse and/or repair of appropriate discarded products, notably 
through the establishment or support of repair/reuse networks. 

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ANNEX V 

CORRELATION TABLE 

Directive 75/442/EEC 

This Directive 

Article 1(a) 

Article 1(a)(2) 

Article 1(b) 

Article 1(c) 

Article 1(d) 

Article 1(e) 

Article 1(f) 

Article 1(g) 

Article 2(1) 

Article 2(2) 

Article 3(1) 

Article 3(2) 

Article 4 

Article 5 

Article 6 

Article 7(1),(2) 

Article 7(3) 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Article 13 

Article 3(1)(a) 

Article 4 

Article 3(1)(b) 

Article 3(1)(c) 

Article 3(1)(d) 

Article 5 

Article 6 

Article 3(1)(e) 

Article 2 

- 

Article 1 

- 

Article 7 

Article 10 

- 

Article 26 

- 

Article 8 

Article 19 

Article 19 

Articles 22 - 24 

Article 25 

Article 32 

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Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Annex I 

Annex IIA 

Annex IIB 

Directive 75/439/EEC 

Article 1(1) 

Article 2 

Article 3(1), (2) 

Article 3(3) 

Article 4 

Article 5(1) 

Article 5(2) 

Article 5(3) 

Article 5(4) 

Article 6 

Article 7(a) 

Article 7(b) 

Article 8(1) 

EN 

Article 33 

Article 9 

Article 34 

Article 35 

Article 36 

Article 37 

Article 38 

Article 39 

- 

Annex I 

Annex II 

Article 3(1)(g) 

Article 18 and 7 

- 

Article 7 

Article 7 

- 

- 

- 

Article 19, 25 

Article 19 

Article 7 

- 

- 

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Article 8(2)(a) 

Article 8(2)(b) 

Article 8(3) 

Article 9 

Article 10(1) 

Article 10(2) 

Article 10(3),(4) 

Article 10(5) 

Article 11 

Article 12 

Article 13(1) 

Article 13(2) 

Article 14 

Article 15 

Article 16 

Article 17 

Article 18 

Article 19 

Article 20 

Article 21 

Article 22 

Annex I 

Directive 91/689/EEC 

Article 1(1) 

Article 1(2) 

EN 

- 

- 

-  

- 

Article 16 

Article 7 

- 

Articles 12 to 15 

Article 25 

Article 25 

Article 32 

-  

- 

- 

- 

- 

Article 34 

- 

- 

- 

- 

- 

- 

- 

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Article 1(3) 

Article 1(4) 

Article 2(1) 

Article 2(2)-(4)  

Article 3 

Article 4(1) 

Article 4(2)(3) 

Article 5(1) 

Article 5(2) 

Article 5(3) 

Article 6 

Article 7 

Article 8 

Article 9 

Article 10 

Article 11 

Article 12 

Annex I, II 

Annex III 

Article 3 

Articles 3 and 12 to 15 

Article 34 

Article 16 

Articles 19 to 24 

Article 32 

Article 33 

Article 17 

Article 32 

Article 33 

Article 26 

- 

- 

- 

- 

- 

- 

- 

Annex III 

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