Common Position (EC) No 4/2008 of 20 December 2007 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to the adoption of a Directive of the European Parliament and of the Council on waste and repealing certain Directives
Date: 2007-12-20
Institutions: Council of the European Union
Subjects: environmental protection, prevention of pollution, public health, waste management, waste recycling

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COMMON POSITION (EC) No 4/2008

adopted by the Council on 20 December 2007

with a view to the adopting Directive 2008/…/EC of the European Parliament and of the Council
of … on waste and repealing certain Directives

(2008/C 71 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

waste and non-waste, and for
measures regarding waste prevention.

the development of

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 175(1) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Economic and
Social Committee (1),

Having regard to the opinion of
Regions (2),

the Committee of

the

Acting in accordance with the procedure
Article 251 of the Treaty (3),

laid down in

Whereas:

(1)

It defines key concepts

Directive 2006/12/EC of the European Parliament and of
the Council of 5 April 2006 on waste (4) establishes the
legislative framework for the handling of waste in the
Community.
such as waste,
recovery and disposal and puts in place the essential
requirements for the management of waste, notably an
obligation for an establishment or undertaking carrying
out waste management operations to have a permit or to
be registered and an obligation for the Member States to
draw up waste management plans.
It also establishes
major principles such as an obligation to handle waste in
a way that does not have a negative impact on the
environment and human health, an encouragement to
apply the waste hierarchy and,
in accordance with the
polluter-pays principle, a requirement that the costs of
disposing of waste must be borne by the holder of waste,
by previous holders or by the producers of the product
from which the waste came.

(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 Programme (5)
calls for the development or revision of the legislation on
waste, including a clarification of the distinction between

(1) OJ C 309, 16.12.2006, p. 55.
(2) Opinion of 14 June 2006 (not yet published in the Official Journal).
(3) Opinion of the European Parliament of 13 February 2007 (not yet
published in the Official
Journal), Council Common Position of
20 December 2007 and Position of the European Parliament of … (not
yet published in the Official Journal).

(4) OJ L 114, 27.4.2006, p. 9.
(5) OJ L 242, 10.9.2002, p. 1.

(3)

(4)

(5)

(6)

The Commission communication of 27 May 2003
towards a Thematic Strategy on the prevention and recy-
cling of waste noted the need to assess the existing defini-
tions 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 on the abovemen-
tioned communication (6), the European Parliament called
on the Commission to consider extending Council Direc-
tive 96/61/EC of 24 September 1996 concerning inte-
grated pollution prevention and control (7) to the waste
sector as a whole. It also asked the Commission to differ-
entiate 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 the revi-
sion of certain aspects of Directive 75/442/EEC, repealed
and replaced by Directive 2006/12/EC, in order to clarify
the distinction between waste and non-waste and that
between recovery and disposal.

It is therefore necessary to revise Directive 2006/12/EC
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 only the waste phase,
and to focus on reducing the environmental impacts of
waste
thereby
generation and waste management,
strengthening the economic value of waste. Furthermore,
the recovery of waste and the use of recovered materials
should be encouraged in order
to conserve natural
resources. In the interests of clarity and readability, Direc-
tive 2006/12/EC should be repealed and replaced by a
new directive.

(6) OJ C 104 E, 30.4.2004, p. 401.
(7) OJ L 257, 10.10.1996, p. 26. Directive as last amended by Directive

2003/87/EC (OJ L 275, 25.10.2003, p. 32).

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(7)

(8)

(9)

(10)

(11)

it

is

that

important

Since most significant waste management operations are
now covered by Community legislation in the field of
environment,
this Directive be
adapted to that approach. An emphasis on the environ-
mental objectives laid down in Article 174 of the Treaty
would bring the environmental impacts of waste genera-
tion and waste management more sharply into focus
throughout the life-cycle of resources. Consequently, the
legal basis for this Directive should be Article 175.

Effective and consistent rules on waste treatment should
be applied, subject
to movable
property which the holder discards or intends or is
required to discard.

to certain exceptions,

The waste status of uncontaminated excavated soils and
other naturally occurring material which are used on
sites other than the one from which they were excavated
should be considered according to the waste definition
and the provisions on by-products or on the end of
waste status under this Directive.

Regulation (EC) No 1774/2002 of
the European
Parliament and of the Council of 3 October 2002 laying
down health rules concerning animal by-products not
intended for human consumption (1) provides, inter alia,
for proportionate controls as regards the collection,
transport, processing, use and disposal of all animal
by-products including 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 Regu-
lation, avoiding duplication of rules by excluding from
the scope of
this Directive animal by-products where
they are intended for uses that are not considered waste
operations.

it

the experience gained in applying
In the light of
Regulation (EC) No 1774/2002,
is appropriate to
clarify the scope of waste legislation and of its provisions
on hazardous waste as regards animal by-products regu-
lated 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 unnecessary overlaps with waste
legislation should be avoided.

(12)

The classification of waste as hazardous waste should be
based, inter alia, on the Community legislation on chemi-
cals, in particular concerning the classification of prepara-
tions as hazardous, including concentration limit values
used for that purpose. Furthermore,
it is necessary to
maintain the system by which waste and hazardous waste

(1) OJ L 273, 10.10.2002, p. 1. Regulation as last amended by Commis-

sion Regulation (EC) No 829/2007 (OJ L 191, 21.7.2007, p. 1).

have been classified in accordance with the list of the
types of waste as last established by Commission Deci-
sion 2000/532/EC (2),
in order to encourage a harmo-
nised classification of waste and ensure the harmonised
determination of hazardous waste within the Com-
munity.

(13)

(14)

It is necessary to distinguish between the preliminary
storage of waste pending its collection, the collection of
waste and the storage of waste pending treatment. Estab-
lishments or undertakings that produce waste in the
course of
their activities should not be regarded as
engaged in waste management and subject to authorisa-
tion for the storage of their waste pending its collection.

Preliminary storage of waste within the definition of
collection is understood as a storage activity pending its
collection in facilities where waste is unloaded in order to
permit its preparation for further transport for recovery
or disposal elsewhere. The distinction between preli-
minary storage of waste pending collection and the
storage of waste pending treatment should be made, in
view of the objective of this Directive, according to the
type of waste, the size and time period of storage and the
objective of
the collection. This distinction should be
made by the Member States. The storage of waste prior
to recovery for a period of 3 years or longer and the
storage of waste prior to disposal for a period of 1 year
or longer is subject to Council Directive 1999/31/EC of
26 April 1999 on the landfill of waste (3).

(15) Waste collection schemes which are not conducted on a
professional basis should not be subject to registration as
they present a lower risk and contribute to the separate
collection of waste. Examples of such schemes are waste
medicines collected by pharmacies, take-back schemes in
shops for consumer goods and community schemes in
schools.

(16) Definitions of prevention, re-use, preparing for re-use,
treatment and recycling should be included in this Direc-
tive, in order to clarify the scope of these concepts.

(17)

The definitions of recovery and disposal need to be modi-
fied in order to ensure a clear distinction between the
two concepts, based on a genuine difference in environ-
substitution of natural
mental
resources in the economy and recognising the potential
benefits to the environment and human health of using
In addition, guidelines may be
waste as a resource.

through the

impact

(2) OJ L 226, 6.9.2000, p. 3.
(3) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC)
the Council

the European Parliament and of

No 1882/2003 of
(OJ L 284, 31.10.2003, p. 1).

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developed in order 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 envir-
onmental impact of the operation.

(21)

(18)

This Directive should also clarify when the incineration
of municipal solid waste is energy-efficient and may be
considered a recovery operation.

set

to verify or calculate if

in Directive 94/62/EC of

the European Parliament and of

the recycling and
In order
recovery targets
the
European Parliament and of the Council of 20 December
1994 on packaging and packaging waste (1), Directive
2000/53/EC of
the
Council of 18 September 2000 on end-of life vehicles (2),
Directive 2002/96/EC of the European Parliament and of
the Council of 27 January 2003 on waste electrical
and electronic
and Directive
2006/66/EC of
the
Council of 6 September 2006 on batteries and accumula-
tors and waste batteries and accumulators (4) as well as
the
relevant Community legislation are met,
other
amounts of waste which have ceased to be waste should
be accounted for as recycled and recovered waste.

(WEEE) (3)
equipment
the European Parliament and of

(19) Disposal operations consisting of release to seas and
oceans including sea bed insertion are also regulated by
international conventions,
in particular the Convention
on the Prevention of Marine Pollution by Dumping of
London on
Wastes
13 November 1972, and the 1996 Protocol thereto as
amended in 2006.

and Other Matter,

done

at

(22) On the basis of

the definition of waste,

in order to
promote certainty and consistency, the Commission may
adopt guidelines
to specify in certain cases when
substances or objects become waste. Such guidelines may
be developed inter alia for electrical and electronic equip-
ment and vehicles.

(20)

There should be no confusion between the various
aspects of the waste definition, and appropriate proce-
dures should be applied, where necessary, to by-products
that are not waste, on the one hand, or to waste that
ceases to be waste, on the other hand. In order to specify
certain aspects of the definition of waste, this Directive
should clarify:

— when substances or objects resulting from a produc-
tion process not primarily aimed at producing such
substances or objects are by-products and not waste.
The decision that a substance is not waste can be
taken only on the basis of a coordinated approach, to
be regularly updated, and where this is consistent
with the protection of the environment and human
health. If the use of a by-product is allowed under an
environmental licence or general environmental rules,
this can be used by Member States as a tool to decide
that no overall adverse environmental or human
health impacts are expected to occur, and

— when certain waste ceases to be waste, laying down
end-of-waste criteria that provide a high level of
environmental protection and an environmental and
economic benefit; possible categories of waste for
which ‘end-of-waste’ specifications and criteria should
be developed are, among others, construction and
demolition waste, some ashes and slags, scrap metals,
compost, waste paper and glass. For the purposes of
reaching end-of-waste status, a recovery operation
may be as simple as the checking of waste to verify
that it fulfils the end-of-waste criteria.

(23)

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

(24)

(25)

(26)

The polluter-pays principle is a guiding principle at
levels. The waste producer
European and international
and the waste holder should manage the waste in a way
that guarantees a high level of protection of the environ-
ment and human health.

The introduction of extended producer responsibility in
this Directive is one of the means to support the design
and production of goods which take into full account
and facilitate the efficient use of resources during their
whole life-cycle including their repair, re-use, disassembly
and recycling without compromising the free circulation
of goods on the internal market.

This Directive should help move the EU closer to a ‘recy-
cling society’, seeking to avoid waste generation and to
use waste as a resource. In particular, the Sixth Com-
munity
for
Environment Action Programme
measures aimed at ensuring the source separation, collec-
tion and recycling of priority waste streams. In line with
that objective and as a means to facilitating or improving

calls

(1) OJ L 365, 31.12.1994, p. 10. Directive as last amended by Directive

2005/20/EC (OJ L 70, 16.3.2005, p. 17).

(2) OJ L 269, 21.10.2000, p. 34. Directive as last amended by Council

Decision 2005/673/EC (OJ L 254, 30.9.2005, p. 69).

(3) OJ L 37, 13.2.2003, p. 24.
(4) OJ L 266, 26.9.2006, p. 1.

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recovery potential, waste

its
separately
collected if technically, environmentally and economically
practicable, before undergoing recovery operations that
deliver the best overall environmental outcome.

should be

of

action

principle

enshrined

preventive

In order to implement the precautionary principle and
in
the
Article 174(2) of the Treaty, it is necessary to set general
environmental objectives for the management of waste
within the Community. By virtue of those principles, it is
for the Community and the Member States to establish a
framework to prevent, reduce and, in so far as is possible,
eliminate from the outset the sources of pollution or
nuisance by adopting measures whereby recognised risks
are eliminated.

The waste hierarchy generally constitutes the best overall
environmental option in waste legislation and policy,
while departing from such hierarchy may be necessary
for specific waste streams when justified for reasons of,
inter alia,
feasibility, economic viability and
environmental protection.

technical

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

of

the

purposes

applying Regulation

For
(EC)
No 1013/2006 of the European Parliament and of the
Council of 14 June 2006 on shipments of waste (1),
mixed municipal waste as referred to in Article 3(5) of
that Regulation remains mixed municipal waste even
when it has been subject to a waste treatment operation
that has not substantially altered its properties.

is important

It
that hazardous waste be labelled in
accordance with international and Community standards.
However, where such waste is collected separately from
households, this should not result in householders being
obliged to complete the requisite documentation.

It is important, in accordance with the waste hierarchy,
and for the purpose of reduction of greenhouse gas
emissions originating from waste disposal on landfills, to
facilitate the separate collection and proper treatment of
environmentally-safe
to produce
bio-waste in order
compost and other bio-waste based materials. The

(27)

(28)

(29)

(30)

(31)

(32)

(1) OJ L 190, 12.7.2006, p. 1.

Commission, after an assessment on the management of
bio-waste, will submit proposals for legislative measures,
if appropriate.

(33)

(34)

Technical minimum standards concerning waste treat-
ment activities not covered by Directive 96/61/EC may
be adopted where there is evidence that a benefit would
be gained in terms of protecting human health and the
environment and where a co-ordinated approach to the
this Directive would ensure the
implementation of
protection of human health and the environment.

It is necessary to specify further the scope and content of
the waste management planning obligation, and to inte-
grate into the process of developing or revising waste
management plans the need to take into account the
environmental
impacts of the generation and manage-
ment of waste. Account should also be taken, where
appropriate, of
the waste planning requirements laid
down in Article 14 of Directive 94/62/EC and of the
strategy for the reduction of biodegradable waste going
to landfills,
referred to in Article 5 of Directive
1999/31/EC.

(35) Member States may apply environmental authorisations
or general environmental rules to certain waste producers
the
without compromising the proper functioning of
internal market.

(36) According to Regulation (EC) No 1013/2006, Member
States may take the measures necessary to prevent ship-
ments of waste which are not in accordance with their
waste management plans. By way of derogation from
that Regulation, Member States should be allowed to
limit
incoming shipments to incinerators classified as
recovery, where it has been established that national
waste would have to be disposed of or that waste would
have to be treated in a way that is not consistent with
their waste management plans.
is recognised that
certain Member States may not be able to provide a
network comprising the full range of final recovery facil-
ities within their territory.

It

(37)

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
the
Member States to develop waste prevention programmes
concentrating on the key environmental
impacts and
taking into account the whole life-cycle of products and
materials. Such measures should pursue the objective of

for

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breaking 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,
the
European Parliament and of the Council of 26 May 2003
providing for public participation in respect of
the
drawing up of certain plans and programmes relating to
the environment (1).

in line with Directive 2003/35/EC of

Economic instruments can play a crucial role in the
achievement of waste prevention and management objec-
tives. Waste often has value as a resource, and the further
application of economic instruments may maximise
environmental benefits. The use of such instruments at
the appropriate level should therefore be encouraged
while stressing that individual Member States can decide
on their use.

Certain provisions on the handling of waste, laid down in
Council Directive 91/689/EEC of 12 December 1991 on
hazardous waste (2), should be amended in order
to
remove obsolete provisions and to improve the clarity of
the text. In the interests of simplifying Community legis-
lation, they should be integrated into this Directive. In
order to clarify the operation of the mixing ban laid
down in Directive 91/689/EEC, and to protect the envir-
onment and human health, the exemptions to the mixing
ban should additionally comply with best available
techniques as defined in Directive 96/61/EC. Directive
91/689/EEC should therefore be repealed.

In the interests of the simplification of Community legis-
lation and the reflection of environmental benefits, the
relevant provisions of Council Directive 75/439/EEC of
16 June 1975 on the disposal of waste oils (3) should be
integrated into this Directive. Directive 75/439/EEC
should therefore be repealed. The management of waste
oils should be conducted in accordance with the guiding
principle of the waste hierarchy, and preference should
be given to options that deliver the best overall environ-
mental outcome. The separate collection of waste oils
remains crucial
to their proper management and the
prevention of damage to the environment from their
improper disposal.

(38)

(39)

(40)

(41) Member States should provide for effective, proportionate
and dissuasive penalties to be imposed on natural and
legal persons responsible for waste management, such as

(1) OJ L 156, 25.6.2003, p. 17.
(2) OJ L 377, 31.12.1991, p. 20. Directive as last amended by Regulation
(EC) No 166/2006 of the European Parliament and of the Council
(OJ L 33, 4.2.2006, p. 1).

(3) OJ L 194, 25.7.1975, p. 23. Directive as last amended by Directive

2000/76/EC (OJ L 332, 28.12.2000, p. 91).

waste producers, holders, brokers, dealers, transporters
and collectors, establishments or undertakings which
carry out waste treatment operations and waste manage-
in cases where they infringe the provi-
ment schemes,
sions of
this Directive. Member States may also take
action to recover the costs of non-compliance and reme-
dial measures, without prejudice to Directive 2004/35/EC
of
the Council of
21 April 2004 on environmental liability with regard to
the
environmental
damage (4).

the European Parliament and of

prevention

remedying

and

of

(42)

(43)

(44)

(45)

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
implementing powers
the exercise of
conferred on the Commission (5).

In particular, power should be conferred on the Commis-
sion to establish criteria regarding a number of issues
such as the conditions under which an object is to be
considered a by-product, the end-of-waste status and the
determination of waste which is considered as hazardous.
Furthermore, power should be conferred on the Commis-
sion to adapt
the annexes to technical and scientific
progress and to specify the application of the formula for
incineration facilities referred to in Annex II, R 1. Since
those measures are of general scope and are designed to
amend non-essential elements of this Directive and to
supplement
it by the addition of new non-essential
elements, they must be adopted in accordance with the
regulatory procedure with scrutiny provided for
in
Article 5a of Decision 1999/468/EC.

In accordance with paragraph 34 of the interinstitutional
agreement on better lawmaking (6), Member States are
encouraged to draw up, for themselves and in the interest
of the Community, their own tables, illustrating, as far as
possible, the correlation between this Directive and the
transposition measures and to make them public.

Since the objective of this Directive, namely, the protec-
tion of the environment and human health, cannot be
sufficiently achieved by the Member States and can there-
fore, by reasons of the scale or effects of the Directive, be
better achieved at Community level, the Community may
in accordance with the principle of
adopt measures,
subsidiarity as set out
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 that objective,

in Article 5 of

the Treaty.

(4) OJ L 143, 30.4.2004, p. 56. Directive as amended by Directive

2006/21/EC (OJ L 102, 11.4.2006, p. 15).

(5) OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision

2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(6) OJ C 321, 31.12.2003, p. 1.

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HAVE ADOPTED THIS DIRECTIVE:

CHAPTER I

Subject matter, scope and definitions

Article 1

Subject matter and scope

This Directive lays down measures to protect the environment
reducing the adverse
and human health by preventing or
impacts of
the generation and management of waste and
by reducing overall impacts of resource use and improving the
efficiency of such use.

Article 2

Exclusions from the scope

The following shall be excluded from the scope of this

1.
Directive:

(a) gaseous effluents emitted into the atmosphere;

(b) land (in situ) including unexcavated contaminated soil and

buildings permanently connected with land;

(c) uncontaminated soil and other naturally occurring material
excavated in the course of construction activities where it is
certain that the material will be used for the purposes of
construction in its natural state on the site from which it
was excavated;

(d) radioactive waste;

(e) decommissioned explosives;

(f)

faecal matter, if not covered by paragraph 2(b), straw and
other natural non-hazardous agricultural or forestry material
used in farming, forestry or for the production of energy
from such biomass through processes or methods which do
not harm the environment or endanger human health.

2.
The following shall be excluded from the scope of this
Directive to the extent that they are covered by other Com-
munity legislation:

(a) waste waters;

(b) animal by-products including processed products covered by
Regulation (EC) No 1774/2002, except
those which are
destined for incineration, landfilling or use in a biogas or
composting plant;

(c) carcases of animals that have died other than by being
slaughtered, including animals killed to eradicate epizootic
diseases, and that are disposed of in accordance with Regu-
lation (EC) No 1774/2002;

(d) waste resulting from prospecting, extraction, treatment and
storage of mineral resources and the working of quarries
covered by Directive 2006/21/EC.

3. Without prejudice to obligations under other relevant
Community legislation,
surface
sediments
waters for the purpose of managing waters and waterways or of
floods and
preventing floods or mitigating the effects of
droughts shall be excluded from the scope of this Directive if it
is proved that the sediments are non-hazardous.

relocated inside

4.
Specific rules for particular instances, or supplementing
those of this Directive, on the management of particular cate-
gories of waste, may be laid down by means of individual Direc-
tives.

Article 3

Definitions

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

1.

2.

3.

4.

5.

6.

7.

8.

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

‘hazardous waste’ means waste which displays one or more
of the hazardous properties listed in Annex III;

‘waste oils’ means any mineral or synthetic lubrication or
industrial oils which have become unfit for the use for
which they were originally intended, such as used combus-
tion engine oils and gearbox oils, lubricating oils, oils for
turbines and hydraulic oils;

‘bio-waste’ means biodegradable garden and park waste,
food and kitchen waste from households,
restaurants,
caterers and retail premises and comparable waste from
food processing plants;

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

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

‘dealer’ means any undertaking which acts in the role of
principal to purchase and subsequently sell waste, including
such dealers who do not take physical possession of the
waste;

‘broker’ means any undertaking arranging the recovery or
disposal of waste on behalf of others,
including such
brokers who do not take physical possession of the waste;

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9.

‘waste management’ means
transport,
recovery and disposal of waste, including the supervision of
such operations and the after-care of disposal sites, and
including actions taken as a dealer or broker;

collection,

the

10.

‘collection’ means the gathering of waste,
including the
preliminary sorting and preliminary storage of waste for
the purposes of transport to a waste treatment facility;

11.

‘prevention’ means measures taken before a substance,
material or product has become waste, that reduce:

(a)

the quantity of waste, including through the re-use of
products or the extension of life span of products;

(b) the adverse impacts of the generated waste on the envir-

onment and human health; or

(c)

the content of harmful substances in materials and
products;

reclamation of substances or energy. Annex I sets out a
non-exhaustive list of disposal operations;

19.

‘best available techniques’ means best available techniques
as defined in Article 2(11) of Directive 96/61/EC.

Article 4

By-products

A substance or object,

1.
resulting from a production
process, the primary aim of which is not the production of
that item, may be regarded as not being waste referred to in
point (1) of Article 3 but as being a by-product only if the
following conditions are met:

(a)

further use of the substance or object is certain;

(b) the substance or object can be used directly without any
further processing other than normal industrial practice;

12.

‘re-use’ means any operation by which products or compo-
nents that are not waste are used again for the same
purpose for which they were conceived;

(c)

the substance or object is produced as an integral part of a
production process; and

13.

‘treatment’ means recovery or disposal operations, including
preparation prior to recovery or disposal;

14.

‘recovery’ means any operation the principal result of which
is waste serving a useful purpose by replacing other mate-
rials which would otherwise have been used to fulfil a par-
ticular function, or waste being prepared to fulfil that func-
tion, in the plant or in the wider economy. Annex II sets
out a non-exhaustive list of recovery operations;

15.

‘preparing for re-use’ means checking, cleaning or repairing
recovery operations, by which products or components of
products that have become waste are prepared so that they
will be re-used without any other pre-processing;

16.

‘recycling’ means any recovery operation by which waste
materials are reprocessed into products, materials or
substances whether for the original or other purposes. It
includes the reprocessing of organic material but does not
include energy recovery and the reprocessing into materials
that are to be used as fuels or for backfilling operations;

17.

‘regeneration of waste oils’ means any recycling operation
whereby base oils can be produced by refining waste oils,
in particular by removing the contaminants, the oxidation
products and the additives contained in such oils;

(d) further use is lawful, i.e. the substance or object fulfils all
relevant product, environmental and health protection
requirements for the specific use and will not lead to overall
adverse environmental or human health impacts.

2.
On the basis of the conditions laid down in paragraph 1,
measures may be adopted to determine the criteria to be met
for specific substances or objects to be regarded as a by-product
and not as waste referred to in point (1) of Article 3. These
measures, designed to amend non-essential elements of
this
Directive by supplementing it, shall be adopted in accordance
with the regulatory procedure with scrutiny referred to in
Article 36(2).

Article 5

End-of-waste status

1.
Certain specified waste shall cease to be waste within the
meaning of point (1) of Article 3 when it has undergone a
recovery operation and complies with specific criteria to be
developed in accordance with the following conditions:

(a)

the substance or object is commonly used for a specific
purpose;

18.

‘disposal’ means any operation which is not recovery even
where the operation has as a secondary consequence the

(b) a market or demand exists for such a substance or object;

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(c)

the substance or object fulfils the technical requirements for
the specific purpose referred to in (a) and meets the existing
legislation and standards applicable to products; and

(d) the use of the substance or object will not lead to overall

adverse environmental or human health impacts.

The criteria shall include limit values for pollutants where neces-
sary.

The measures relating to the adoption of such criteria and
2.
specifying the waste, designed to amend non-essential elements
of
this Directive, by supplementing it, shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 36(2).

3. Waste which ceases to be waste in accordance with para-
graphs 1 and 2, shall also cease to be waste for the purpose of
in Directives
the
94/62/EC, 2000/53/EC, 2002/96/EC and 2006/66/EC and other
relevant Community legislation.

recovery and recycling targets

set out

Annex III. The Member State shall notify the Commission of
any such cases in the report provided for in Article 34(1) and
shall provide the Commission with all relevant information. In
the light of notifications received, the list shall be reviewed in
order to decide on its adaptation.

3. Where a Member State has evidence to show that specific
waste that appears on the list as hazardous waste does not
display any of the properties listed in Annex III, it may consider
that waste as non-hazardous waste. The Member State shall
notify the Commission of any such cases in the report provided
for in Article 34(1) and shall provide the Commission with the
necessary evidence. In the light of notifications received, the list
shall be reviewed in order to decide on its adaptation.

The measures relating to the revision of the list in order to
4.
decide on its adaptation pursuant
to paragraphs 2 and 3,
designed to amend non-essential elements of this Directive, shall
be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 36(2).

4. Where criteria have not been set at Community level
under the procedure set out in paragraphs 1 and 2, Member
States may decide case by case whether certain waste has ceased
to be waste taking into account the applicable case law. They
shall notify the Commission of such decisions in accordance
with Directive 98/34/EC of the European Parliament and of the
Council of 22 June 1998 laying down a procedure for the provi-
sion of information in the field of technical standards and regu-
lations and of rules on Information Society services (1) where so
required by that Directive.

CHAPTER II

General requirements

Article 7

Article 6

List of waste

1.
The measures relating to the updating of the list of waste
established by Commission Decision 2000/532/EC, designed to
amend non-essential elements of this Directive, shall be adopted
in accordance with the regulatory procedure with scrutiny
referred to in Article 36(2). The list of waste shall include hazar-
dous waste and shall take into account the origin and composi-
tion of
the waste and, where necessary, the limit values of
concentration of hazardous substances. The list of waste shall be
binding as regards determination of the waste which is to be
considered as hazardous waste. The inclusion of a substance or
object in the list shall not mean that it is waste in all circum-
stances. A substance or object shall be considered to be waste
only where the definition in point (1) of Article 3 is met.

Extended producer responsibility

In order to strengthen the prevention and recovery of
1.
waste, Member States may take legislative or non-legislative
measures to ensure that any natural or legal person who profes-
sionally develops, manufactures, processes and treats or sells
products (producer of
the product) has extended producer
responsibility.

Such measures may include
returned
products and of the waste that remains after those products
have been used, as well as the subsequent management of the
waste and financial responsibility for such activities.

an acceptance of

2. Member States may take appropriate measures to encou-
rage the design of products in order to reduce their environ-
mental impacts and the generation of waste in the course of the
production and subsequent use of products, and in order to
ensure that the recovery and disposal of products that have
become waste take place in accordance with Articles 10 and 11.

2.
A Member State may consider waste as hazardous waste
where, even though it does not appear as such on the list of
the properties listed in
waste,

it displays one or more of

(1) OJ L 204, 21.7.1998, p. 37. Directive as last amended by Council

Directive 2006/96/EC (OJ L 363, 20.12.2006, p. 81).

Such measures may encourage,
the development,
production and marketing of products that are suitable for
multiple use, that are technically durable and that are, after
having become waste, suitable for proper and safe recovery and
environmentally compatible disposal.

inter alia,

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take into account

3. When applying extended producer responsibility, Member
States shall
feasibility and
economic viability and the overall environmental, human health
impacts, respecting the need to ensure the proper
and social
functioning of the internal market.

the technical

The extended producer

4.
responsibility shall be applied
without prejudice to the responsibility for waste management as
provided for in Article 13(1).

Article 8

Recovery

1. Member States shall take the necessary measures to ensure
that waste undergoes recovery operations, in accordance with
Articles 10 and 11.

2. Where necessary to comply with paragraph 1 and to facili-
tate or improve recovery, waste shall be collected separately if
technically, environmentally and economically practicable and
shall not be mixed with other waste or other material with
different properties.

Article 9

Disposal

Member States shall ensure that, where recovery in accordance
with Article 8(1) is not undertaken, waste undergoes disposal
operations.

Article 10

Protection of human health and the environment

Member States shall take the necessary measures to ensure that
waste management is carried out without endangering human
health, without harming the environment and, in particular:

(a) without risk to water, air, soil, plants or animals;

(b) without causing a nuisance through noise or odours; and

(c) recycling;

(d) other recovery, e.g. energy recovery; and

(e) disposal.

2. When applying the waste hierarchy referred to in para-
graph 1, Member States shall take measures to encourage the
options that deliver the best overall environmental outcome.
This may require specific waste streams departing from the hier-
archy where this is justified by life-cycle thinking on the overall
impacts of the generation and management of such waste.

Member States shall take into account the general environmental
protection principles of precaution and sustainability, technical
feasibility and economic viability, protection of resources as well
as the overall environmental, human health, economic and
social impacts, in accordance with Articles 1 and 10.

Article 12

Costs

In accordance with the polluter-pays principle, the costs of
shall be borne by the original waste

1.
waste management
producer or by the current or previous waste holders.

2. Member States may decide that the costs of waste manage-
ment are to be borne partly or wholly by the producer of the
product from which the waste came and that the distributors of
such product may share these costs.

CHAPTER III

Waste management

Article 13

(c) without adversely affecting the countryside or places of

Responsibility for waste management

special interest.

Article 11

Waste hierarchy

1.
The following waste hierarchy shall apply as a guiding
principle in waste prevention and management legislation and
policy:

(a) prevention;

(b) preparing for re-use;

1. Member States shall take the necessary measures to ensure
that any original waste producer or other holder carries out the
treatment of waste himself or has the treatment handled by a
dealer or an establishment or undertaking which carries out
waste treatment operations or arranged by a private or public
waste collector in accordance with Articles 10 and 11.

2. When the waste is transferred from the original producer
or holder to one of the natural or legal persons referred to in
paragraph 1 for preliminary treatment, the responsibility for
carrying out a complete recovery or disposal operation shall not
be discharged as a general rule.

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Without prejudice to Regulation (EC) No 1013/2006, Member
States may specify the conditions of responsibility and decide in
which cases the original producer is to retain responsibility for
the whole treatment chain or in which cases the responsibility
of the producer and the holder can be shared or delegated
among the actors of the treatment chain.

3.
The network shall enable waste to be disposed of or waste
referred to in paragraph 1 to be recovered 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.

3. Member States may decide, in accordance with Article 7,
that the responsibility for arranging waste management is to be
borne partly or wholly by the producer of the product from
which the waste came and that distributors of such product
may share this responsibility.

4. Member States shall take the necessary measures to ensure
that, within their territory, the establishments or undertakings
which collect or transport waste on a professional basis deliver
the waste collected and transported to appropriate treatment
installations respecting the obligations provided for in Article 10.

Article 14

Principles of self-sufficiency and proximity

1. Member States shall take appropriate measures, in coop-
eration with other Member States where this is necessary or
advisable, to establish an integrated and adequate network of
waste disposal installations and of installations for the recovery
of mixed municipal waste collected from private households,
including where such collection also covers such waste from
other producers, taking into account best available techniques.

in order to protect their network,

By way of derogation from Regulation (EC) No 1013/2006,
limit
Member States may,
incoming shipments of waste destined to incinerators that are
classified as recovery, where it has been established that such
shipments would result in national waste having to be disposed
of or waste having to be treated in a way that is not consistent
with their waste management plans. Member States shall notify
the Commission of any such decision. Member States may also
limit outgoing shipments of waste on environmental grounds as
set out in Regulation (EC) No 1013/2006.

2.
The network shall be designed to enable the Community
as a whole to become self-sufficient in waste disposal as well as
in the recovery of waste referred to in paragraph 1, and to
enable 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 principles of proximity and self-sufficiency shall not
4.
mean that each Member State has to possess the full range of
final recovery facilities within that Member State.

Article 15

Ban on the mixing of hazardous waste

1. Member States shall take the necessary measures to ensure
that hazardous waste is not mixed, either with other categories
of hazardous waste or with other waste, substances or materials.
Mixing shall include the dilution of hazardous substances.

By way of derogation from paragraph 1, Member States

2.
may allow mixing provided that:

(a)

the mixing operation is carried out by an establishment or
undertaking which has obtained a permit in accordance
with Article 20;

(b) the conditions laid down in Article 10 are complied with
and the adverse impact of the waste management on human
health and the environment is not increased; and

(c)

the mixing operation conforms to best available techniques.

Subject

3.
to technical and economic feasibility criteria,
where hazardous waste has been mixed in a manner contrary to
paragraph 1, separation shall be carried out where possible and
necessary in order to comply with Article 10.

Article 16

Labelling of hazardous waste

in the course of collection,

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

2. Whenever hazardous waste is transferred within a Member
State,
it shall be accompanied by an identification document,
which may be in electronic format, containing the appropriate
data specified in Annex IB to Regulation (EC) No 1013/2006.

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Article 17

(b) the treatment of bio-waste in a way that fulfils a high level

of environmental protection;

Hazardous waste produced by households

Articles 15, 16 and 32 shall not apply to mixed waste produced
by households.

Articles 16 and 32 shall not apply to separate fractions of
hazardous waste produced by households until
they are
accepted for collection, disposal or recovery by an establishment
or an undertaking which has obtained a permit or has been
registered in accordance with Articles 20 or 23.

Article 18

Waste oils

1. Without prejudice to the obligations
related to the
management of hazardous waste laid down in Articles 15 and
16, Member States shall take the necessary measures to ensure
that:

(a) waste oils are collected separately, where this is technically

feasible;

(b) waste oils are treated in accordance with Articles 10 and 11;

(c) where this is technically feasible and economically viable,
waste oils of different characteristics are not mixed and
waste oils are not mixed with other kinds of waste or
substances, if such mixing impedes their treatment.

For the purposes of separate collection of waste oils and
2.
their proper treatment, Member States may, according to their
national conditions, apply additional measures such as technical
requirements, producer responsibility, economic instruments or
voluntary agreements.

3.
If waste oils, according to national legislation, are subject
to requirements of regeneration, Member States may prescribe
that such waste oils shall be regenerated if technically feasible
and, where Articles 11 or 12 of Regulation (EC) No 1013/2006
apply, restrict the transboundary shipment of waste oils from
their territory to incineration or co-incineration facilities in
order to give priority to the regeneration of waste oils.

(c)

the use of environmentally safe materials produced from
bio-waste.

The Commission shall carry out an assessment on the manage-
if
ment of bio-waste with a view to submitting a proposal
appropriate.

CHAPTER IV

Permits and registrations

Article 20

Issue of permits

1. Member States shall require any establishment or under-
taking intending to carry out waste treatment to obtain a permit
from the competent authority.

Such permits shall specify at least the following:

(a)

the types and quantities of waste that may be treated;

(b) for each type of operation permitted, the technical and any

other requirements relevant to the site concerned;

(c)

the safety and precautionary measures to be taken;

(d) the method to be used for each type of operation;

(e) such monitoring and control operations as may be neces-

sary;

(f)

such closure and after-care provisions as may be necessary.

Permits may be granted for a specified period and may be

2.
renewable.

the

competent

authority considers

the
3. Where
intended method of treatment is unacceptable from the point of
view of environmental protection,
in particular when the
method is not in accordance with Article 10, it shall refuse to
issue the permit.

that

Article 19

Bio-waste

Member States shall
accordance with Articles 10 and 11, to encourage:

take measures, as appropriate, and in

(a)

the separate collection of bio-waste;

4.
It shall be a condition of any permit covering incineration
or co-incineration with energy recovery that the recovery of
energy take place with a high level of energy efficiency.

5.
Provided that the requirements of this Article are complied
with, any permit produced pursuant to other national or Com-
munity legislation may be combined with the permit required
under paragraph 1 to form a single permit, where such a format
obviates the unnecessary duplication of information and the
repetition of work by the operator or the competent authority.

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Article 21

Exemptions from permit requirements

Member States may exempt from the requirement laid down in
Article 20(1) establishments or undertakings for the following
operations:

(a) disposal of their own non-hazardous waste at the place of

production; or

(b) recovery of waste.

Article 22

Conditions for exemptions

1. Where a Member State wishes to allow exemptions, as
provided for in Article 21, it shall 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 designed to ensure that waste is treated in
accordance with Article 10. In the case of disposal operations
referred to in point (a) of Article 21 those rules should consider
best available techniques.

In addition to the general rules provided for in paragraph
2.
1, Member States shall lay down specific conditions for exemp-
tions relating to hazardous waste, including types of activity, as
well as any other necessary requirement
for carrying out
different forms of recovery and, where relevant, the limit values
for the content of hazardous substances in the waste as well as
the emission limit values.

where there is evidence that a benefit in terms of the protection
of human health and the environment would be gained from
such minimum standards. These measures, designed to amend
non-essential elements of this Directive by supplementing it,
shall be adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 36(2).

Such minimum standards shall cover only those waste
2.
treatment activities that are not covered by Directive 96/61/EC
or are not appropriate for coverage by that Directive.

3.

Such minimum standards shall:

(a) be directed to the main environmental impacts of the waste

treatment activity;

(b) ensure that
Article 10;

the waste is

treated in accordance with

(c)

take into account best available techniques; and

(d) as appropriate,

include elements regarding the quality of

treatment and the process requirements.

4. Minimum standards for activities that require registration
pursuant to points (a) and (b) of Article 23 shall be adopted
where there is evidence that a benefit in terms of the protection
of human health and the environment or in avoiding disruption
to the internal market would be gained from such minimum
standards, including elements regarding the technical qualifica-
tion of collectors, transporters, dealers or brokers.

These measures, designed to amend non-essential elements of
this Directive by supplementing it, shall be adopted in accord-
ance with the regulatory procedure with scrutiny referred to in
Article 36(2).

3. Member States
general rules laid down pursuant to paragraphs 1 and 2.

inform the Commission of

shall

the

Article 23

Registration

Where the following are not subject to permit requirements,
Member States shall ensure that the competent authority keeps
a register of:

(a) establishments or undertakings which collect or transport

waste on a professional basis;

(b) dealers or brokers; and

CHAPTER V

Plans and programmes

Article 25

Waste management plans

1. Member States shall ensure that their competent authori-
ties establish, in accordance with Articles 1, 10, 11 and 14, one
or more waste management plans.

(c) establishments or undertakings which are subject to exemp-
tions from the permit requirements pursuant to Article 21.

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

Article 24

Minimum standards

Technical minimum standards

1.
treatment activities
which require a permit pursuant to Article 20 may be adopted

for

2.
The waste management plans shall set out an analysis of
the current waste management situation in the geographical
entity concerned, as well as the measures to be taken to
improve environmentally sound preparing for re-use, recycling,
recovery and disposal of waste and an evaluation of how the
plan will support the implementation of
the objectives and
provisions of this Directive.

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3.
The waste management plans shall contain, as appropriate
and taking into account the geographical level and coverage of
the planning area, at least the following:

(a)

the type, quantity and source of waste generated within the
territory, the waste likely to be shipped from or to the
national territory, and an evaluation of the development of
waste streams in the future;

(b) existing waste collection schemes and major disposal and
recovery installations,
including any special arrangements
for waste oils, hazardous waste or waste streams addressed
by specific Community legislation;

(c) an assessment of the need for new collection schemes, the
closure of existing waste installations, additional waste
installation infrastructure in accordance with Article 14, and,
if necessary, the investments related thereto;

(d) sufficient information on the location criteria for site identi-
fication and on the capacity of future disposal or major
recovery installations, if necessary;

(e) general waste management policies, including planned waste
technologies and methods, or policies for

management
waste posing specific management problems.

The waste management plan may contain,

taking into
level and coverage of the planning

4.
account the geographical
area, the following:

(a) organisational

aspects

to waste management
related
including a description of the allocation of responsibilities
between public and private actors carrying out the waste
management;

(b) an evaluation of the usefulness and suitability of the use of
economic and other instruments in tackling various waste
problems, taking into account the need to maintain the
smooth functioning of the internal market;

(c)

the use of awareness campaigns and information provision
directed at the general public or at a specific set of consu-
mers;

(d) historical contaminated waste disposal sites and measures

for their rehabilitation.

5. Waste management plans shall conform to the waste plan-
laid down in Article 14 of Directive
ning requirements
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.

the implementation of

Such programmes shall be integrated either into the waste
management plans provided for in Article 25 or into other
environmental policy programmes, as appropriate, or shall func-
tion as separate programmes. If any such programme is inte-
grated into the waste management plan or
into other
programmes, the waste prevention measures shall be clearly
identified.

2.
The programmes provided for in paragraph 1 shall set out
the waste prevention objectives. Member States shall describe
the existing prevention measures and evaluate the usefulness of
the examples of measures indicated in Annex IV or other appro-
priate measures.

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

3. Member States shall determine appropriate specific qualita-
tive or quantitative benchmarks for waste prevention measures
adopted in order to monitor and assess the progress of the
measures and may determine specific qualitative or quantitative
targets and indicators, other than those referred to in paragraph
4, for the same purpose.

Indicators for waste prevention measures may be adopted

4.
in accordance with the procedure referred to in Article 36(3).

The Commission shall develop guidelines in order to assist

5.
the Member States in the preparation of the Programmes.

Article 27

Evaluation and review of plans and programmes

Member States shall ensure that the waste management plans
and waste prevention programmes are evaluated at least every
sixth year and revised as appropriate.

Article 28

Public participation

Article 26

Waste prevention programmes

1. Member States shall establish, in accordance with Articles 1
and 11, waste prevention programmes not later than … (*).

Member States shall ensure that
relevant stakeholders and
authorities and the general public have the opportunity to parti-
cipate in the elaboration of the waste management plans and
waste prevention programmes, and have access to them once
elaborated, in accordance with Directive 2003/35/EC or, if rele-
vant, Directive 2001/42/EC of the European Parliament and of
the Council of 27 June 2001 on the assessment of the effects of
certain plans and programmes on the environment (1). They
shall place the plans and programmes on a publicly available
website.

(*) Five years after the entry into force of this Directive.

(1) OJ L 197, 21.7.2001, p. 30.

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Article 29

Cooperation

2.
For hazardous waste, the records shall be preserved for at
least three years except in the case of establishments and under-
takings transporting hazardous waste which must keep such
records for at least 12 months.

Member States shall cooperate as appropriate with the other
Member States concerned and the Commission to draw up the
waste management plans and the waste prevention programmes
in accordance with Articles 25 and 26.

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

Article 30

3. Member States may require the producers of non-hazar-
dous waste to comply with paragraphs 1 and 2.

Information to be submitted to the Commission

1. Member States shall inform the Commission of the waste
management plans and waste prevention programmes referred
to in Articles 25 and 26, once adopted, and of any substantial
revisions to the plans and programmes.

2.
The format for notifying the information on the adoption
and substantial revisions of those plans and programmes shall
be adopted in accordance with the procedure referred to in
Article 36(3).

CHAPTER VI

Inspections and records

Article 31

Inspections

1.
Establishments or undertakings which carry out waste
treatment operations, establishments or undertakings which
collect or transport waste on a professional basis, brokers and
dealers, and establishments or undertakings which produce
hazardous waste shall be subject to appropriate periodic inspec-
tions by the competent authorities.

2.
Inspections concerning collection and transport operations
shall cover the origin, nature, quantity and destination of the
waste collected and transported.

3. Member States may take account of registrations obtained
under
the Community Eco-Management and Audit Scheme
(EMAS), in particular regarding the frequency and intensity of
inspections.

Article 32

Record keeping

The

establishments or undertakings

referred to in
1.
Article 20(1), the producers of hazardous waste and the estab-
lishments and undertakings which collect or transport hazar-
dous waste on a professional basis, or act as dealers and brokers
of hazardous waste, shall keep a record of the quantity, nature
and origin of the waste, and, where relevant, the destination,
frequency of collection, mode of
transport and treatment
method foreseen in respect of the waste, and shall make that
information available, on request, to the competent authorities.

Article 33

Enforcement and penalties

1. Member States
to
prohibit the abandonment, dumping or uncontrolled manage-
ment of waste.

take the necessary measures

shall

2. Members States shall lay down provisions on the penalties
applicable to infringements of the provisions of this Directive
and shall take all measures necessary to ensure that they are
implemented. The penalties shall be effective, proportionate and
dissuasive.

CHAPTER VII

Final provisions

Article 34

Reporting and reviewing

Every three years, Member States

inform the
1.
Commission of the implementation of this Directive by submit-
ting a sectoral report in an electronic form. This report shall
also contain information on the management of waste oil and
on the progress achieved in the implementation of the waste
prevention programmes.

shall

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 Council Directive
91/692/EEC of 23 December 1991 standardizing and rationa-
lizing reports on the implementation of certain Directives
relating to the environment (1). The report shall be submitted to
the Commission within nine months of the end of the three
year period covered by it.

2.
The Commission shall send the questionnaire or outline to
the Member States six months before the start of the period
covered by the sectoral report.

3.
The Commission shall publish a report on the implemen-
tation of this Directive within nine months of receiving the
sectoral reports from the Member States in accordance with
paragraph 1.

(1) OJ L 377, 31.12.1991, p. 48. Directive as last amended by Regulation

(EC) No 1882/2003.

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4.
In the first report that intervenes by … (*), the Commis-
sion shall review the implementation of this Directive and will
present a proposal for revision if appropriate. The report shall
existing Member State waste prevention
also assess
programmes, targets and indicators on the basis of information
submitted under Article 30 and shall review the opportunity of
Community level programmes, targets and indicators.

the

Article 35

Interpretation and adaptation to technical progress

The Commission may develop guidelines for the interpre-
1.
tation of the definitions of recovery and disposal in points (14)
and (18) of Article 3.

If necessary, the application of the formula for incineration facil-
ities referred to in Annex II, R 1, shall be specified. Local
climatic conditions may be taken into account, such as the
severity of the cold and the need for heating insofar as they
influence the amounts of energy that can technically be used or
produced in the form of electricity, heating, cooling or proces-
sing steam. Local conditions of the outermost regions as recog-
nised in the fourth subparagraph of Article 299(2) of the Treaty
and of the territories mentioned in Article 25 of the 1985 Act
of Accession may also be taken into account. This measure,
designed to amend non-essential elements of this Directive, shall
be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 36(2).

2.
The Annexes may be amended in the light of scientific
and technical progress. These measures, designed to amend
non-essential elements of this Directive, shall be adopted in
accordance with the regulatory procedure with scrutiny referred
to in Article 36(2).

Article 36

Committee procedure

4. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

Article 37

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by … (**).

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

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

Article 38

Repeal

Directives 75/439/EEC, 91/689/EEC and 2006/12/EC are hereby
repealed with effect from … (***).

References to the repealed Directives shall be construed as refer-
ences 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
following that of its publication in the Official
European Union.

into force on the twentieth day
Journal of the

1.

The Commission shall be assisted by a committee.

2. Where reference is made to this paragraph, Article 5a(1)
to (4) and Article 7 of Decision 1999/468/EC shall apply,
having regard to the provisions of Article 8 thereof.

Article 40

Addressees

This Directive is addressed to the Member States.

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

Done at …

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

For the European Parliament

The President

For the Council

The President

(*) Six years after the entry into force of this Directive.

(**) 24 months from the date of entry into force of this Directive.
(***) 24 months from the entry into force of this Directive.

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ANNEX I

Disposal operations

D 1 Deposit into or on to 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

D 5

D 6

D 7

D 8

D 9

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 to 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, calcina-
tion, 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) (***)

(*) This operation is prohibited by EU legislation and international conventions.
(**) If there is no other D code appropriate, this can include preliminary operations prior to disposal including pre-processing such as, inter alia,
sorting, crushing, compacting, pelletising, drying, shredding, conditioning or separating prior to submission to any of the operations
numbered D 1 to D 12.

(***) Temporary storage means preliminary storage according to point (10) of Article 3.

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ANNEX II

Recovery operations

R 1 Use principally as a fuel or other means to generate energy (*)

R 2

R 3

R 4

R 5

R 6

R 7

R 8

Solvent reclamation/regeneration

Recycling/reclamation of organic substances which are not used as solvents (including composting and other biolo-
gical 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

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 waste obtained from any of the operations numbered R 1 to R 10

R 12 Exchange of waste for submission to any of the operations numbered R 1 to R 11 (****)

R 13 Storage of waste pending any of the operations numbered R 1 to R 12 (excluding temporary storage, pending

collection, on the site where the waste is produced) (*****)

(*) 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 formula:
Energy efficiency = (Ep – (Ef + Ei))/(0,97 × (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.
This formula shall be applied in accordance with the reference document on Best Available Techniques for waste incineration.

(**) This includes gasification and pyrolisis using the components as chemicals.
(***) This includes soil cleaning resulting in recovery of the soil and recycling of inorganic construction materials.
(****) If there is no other R code appropriate, this can include preliminary operations prior to recovery including pre-processing such as, inter
alia, dismantling, sorting, crushing, compacting, pelletising, drying, shredding, conditioning, repackaging, separating, blending or mixing
prior to submission to any of the operations numbered R 1 to R 11.

(*****) Temporary storage means preliminary storage according to point (10) of Article 3.

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ANNEX III

Properties of waste which render it hazardous

H 1

H 2

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

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

H 3-A

‘Highly flammable’

— liquid substances and preparations having a flash point below 21 °C (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.

H 3-B

‘Flammable’: liquid substances and preparations having a flash point equal to or greater than 21 °C and less
than or equal to 55 °C.

H 4

H 5

H 6

H 7

H 8

H 9

H 10

H 11

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

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

‘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.

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

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

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

‘Toxic for reproduction’: 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.

‘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.

H 12

Waste which releases toxic or very toxic gases in contact with water, air or an acid.

H 13 (*)

‘Sensitizing’: substances and preparations which, if they are inhaled or if they penetrate the skin, are capable of
eliciting a reaction of hypersensitization such that on further exposure to the substance or preparation, charac-
teristic adverse effects are produced.

H 14

H 15

‘Ecotoxic’: waste which presents or may present immediate or delayed risks for one or more sectors of the
environment.

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

(*) As far as testing methods are available.

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Notes

1. Attribution of the hazardous properties ‘toxic’ (and ‘very toxic’), ‘harmful’, ‘corrosive’, ‘irritant’, ‘carcinogenic’, ‘toxic to
reproduction’, ‘mutagenic’ and ‘eco-toxic’ is made on the basis of the criteria laid down by Annex VI of Council Direc-
tive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to
the classification, packaging and labelling of dangerous substances (1).

2. Where relevant the limit values listed in Annex II and III of Directive 1999/45/EC of the European Parliament and of
the Council of 31 May 1999 concerning the approximation of the laws, regulations and administrative provisions of
the Member States relating to the classification, packaging and labelling of dangerous preparations (2) shall apply.

Test methods

The methods to be used are described in Annex V to Directive 67/548/EEC and in other relevant CEN-notes.

(1) OJ 196, 16.8.1967, p. 1. Directive as last amended by Directive 2006/102/EC (OJ L 363, 20.12.2006, p. 241).
(2) OJ L 200, 30.7.1999, p. 1. Directive as last amended by Regulation (EC) No 1907/2006 (OJ L 396, 30.12.2006, p. 1. Corrected version in

OJ L 136, 29.5.2007, p. 3).

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ANNEX IV

Examples of waste prevention measures referred to in Article 26

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

1. The use of planning measures, or other economic instruments promoting the efficient use of resources.

2. The promotion of research and development into the area of achieving cleaner and less wasteful products and tech-

nologies and the dissemination and use of the results of such research and development.

3. The development of effective and meaningful indicators of the environmental pressures associated with the generation
of waste aimed at contributing to the prevention of waste generation at all levels, from product comparisons at Com-
munity level through action by local authorities to national measures.

Measures that can affect the design and production and distribution phase

4. 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).

5. The provision of information on waste prevention techniques with a view to facilitating the implementation of best

available techniques by industry.

6. Organise training of competent authorities as regards the insertion of waste prevention requirements in permits

under this Directive and Directive 96/61/EC.

7. 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.

8. 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 enter-
prises and work through established business networks.

9. The use of voluntary agreements, consumer/producer panels or sectoral negotiations in order that the relevant busi-
nesses or industrial sectors set their own waste prevention plans or objectives or correct wasteful products or packa-
ging.

10. The promotion of creditable environmental management systems, including EMAS and 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 consu-

mers for a given article or element of packaging that would otherwise be provided free of charge.

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

mers.

13. The promotion of creditable eco-labels.

14. 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.

15. 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 or of their components, notably through
the use of educational, economic, logistic or other measures such as support to or establishment of accredited repair
and reuse-centres and networks especially in densely populated regions.

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ANNEX V

Correlation table

Directive 2006/12/EC

This Directive

Article 1(1)(a)

Article 1(1)(b)

Article 1(1)(c)

Article 1(1)(d)

Article 1(1)(e)

Article 1(1)(f)

Article 1(1)(g)

Article 1(2)

Article 2(1)

Article 2(1)(a)

Article 2(1)(b)

Article 2(1)(b)(i)

Article 2(1)(b)(ii)

Article 2(1)(b)(iii)

Article 2(1)(b)(iv)

Article 2(1)(b)(v)

Article 2(2)

Article 3(1)

Article 4(1)

Article 4(2)

Article 5

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

Article 12

Article 13

Article 14

Article 15

Article 16

Article 3(1)

Article 3(5)

Article 3(6)

Article 3(9)

Article 3(18)

Article 3(14)

Article 3(10)

Article 6

Article 2(1)

Article 2(1)(a)

Article 2(2)

Article 2(1)(d)

Article 2(2)(d)

Article 2(1)(f) and (2)(c)

Article 2(2)(a)

Article 2(1)(e)

Article 2(4)

Article 11

Article 10

Article 33(1)

Article 14

—

Article 25

Article 13

Article 20

Article 20

Articles 21 and 22

Article 23

Article 31

Article 32

Article 12

Article 34

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Directive 2006/12/EC

This Directive

Article 17

Article 18(1)

—

Article 18(2)

Article 18(3)

Article 19

Article 20

Article 21

Article 22

Annex I

Annex IIA

Annex IIB

Article 35

Article 36(1)

Article 36(2)

Article 36(4)

Article 36(3)

Article 37

—

Article 39

Article 40

—

Annex I

Annex II

Directive 75/439/EEC

This Directive

Article 1(1)

Article 2

Article 3(1) and (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)

Article 8(2)(a)

Article 8(2)(b)

Article 8(3)

Article 9

Article 10(1)

Article 10(2)

Article 10(3) and (4)

Article 10(5)

Article 3(17)

Articles 10 and 18

—

Article 10

Article 10

—

—

—

Articles 23 and 31

Article 20

Article 10

—

—

—

—

—

—

Article 15

Article 10

—

Articles 16, 18, 22, 31 and 32

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Directive 75/439/EEC

This Directive

Directive 91/689/EEC

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

Article 1(1)

Article 1(2)

Article 1(3)

Article 1(4)

Article 1(5)

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

This Directive

—

Article 32

Article 31

—

—

—

—

—

Article 34

—

—

—

—

—

—

—

—

Articles 3(2) and 6

Article 17

Article 20

Article 15

Articles 21, 22 and 23

Article 31(1)

Article 32

Article 16(1)

Article 31(2)

Article 16(2)

Article 25

—

—

—

—

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Directive 91/689/EEC

This Directive

Article 11

Article 12

Annexes I and II

Annex III

—

—

—

Annex III

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STATEMENT OF THE COUNCIL'S REASONS

I.

INTRODUCTION

1. The Commission forwarded to Council on 26 December 2005 a proposal for a Directive of the
European Parliament and of the Council on waste (1). The proposal is based on Article 175(1) of the
Treaty.

2. The European Parliament adopted its first-reading Opinion on 13 February 2007.

The Economic and Social Committee and the Committee of the Regions delivered their Opinions on
19 June and 14 June 2006 respectively (2).

3. On 20 December 2007, the Council adopted its common position in accordance with Article 251 of

the Treaty.

II. OBJECTIVES

The objectives of the draft Directive are to:

— simplify and modernise the current legislation,

— implement a more ambitious and more effective waste-prevention policy,

— encourage the re-use and recycling of waste.

The draft Directive provides for:

— the introduction of an environmental objective,

— clarification of the notions of recovery and disposal,

— clarification of the conditions for mixing hazardous waste,

— the introduction of a procedure to clarify when a waste ceases to be a waste for selected categories

of waste,

— a procedure to establish technical minimum standards for a number of waste management opera-

tions,

— a new requirement to develop national waste prevention programmes.

The proposal takes the form of a revision of the waste framework Directive (2006/12/EC). It integrates
the Directive on hazardous waste (91/689/EEC) and the specific collection obligation of the Directive on
waste oils (75/439/EEC); these Directives are thus to be repealed.

III. ANALYSIS OF THE COMMON POSITION

1. General

In its Plenary vote on 13 February 2007 the European Parliament adopted 120 amendments (subse-
quently merged into 104 amendments). The Council's common position incorporates several of
them totally, in part or in principle, by means of similar wording. In particular, it includes modifica-
tions to the Commission's original proposal that will tighten the application of the waste hierarchy,
that specifically address the issues of bio-waste and waste oils, and foresee the concept of extended
producer responsibility to encourage waste prevention and recovery. In relation to the definition of
waste and the provisions originally devoted to secondary products, provisions are introduced in order
to determine, on the one hand, substances or objects that may be regarded as by-products and not as
waste if complying with specific criteria and measures and, on the other hand, to determine certain
specified waste which may reach an end-of-waste status, according to specific conditions, resulting in
substances or objects which can be placed on the market in compliance with the rules applicable to
products and substances.

(1) OJ C 286 E, 23.11.2006, p. 1.
(2) OJ C 229, 22.9.2006, p. 1.

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The common position also includes other changes, not foreseen by the European Parliament, which
address a number of concerns expressed by the Member States in the course of the negotiations.

The Commission has accepted the common position agreed by the Council.

2. European Parliament Amendments

The Council:

(a) introduced in the common position 55 amendments in full, in part or in principle, as follows:

Recitals:

Amendment 1 and Amendment 4 on objectives have been taken over in part in Recitals 1 and 6,
notably in connection with the waste hierarchy and the reference to the conservation of natural
resources.

Amendment 5 on the need for a definition of ‘re-use’ has been taken up in part (Recitals 13 and 16).
The common position also foresees a further definition for ‘preparing for re-use’ in order to facilitate
i.e. between re-use of products or
the distinction between prevention and recovery operations,
components which are not waste (subject to ‘re-use’, to prevent waste) and the re-use of products or
components that have become waste (subject to ‘preparing for re-use’, a recovery operation).

Amendment 6 on the need to clarify the definitions of recovery and disposal is partly taken on
board by Recital 17 including a reference to the benefits of recovery operations to human health.

Amendment 7 on the need to clarify the definition of waste, is covered in part and in substance by
Recital 20 and Articles 4 and 5 of the common position.

Amendment 8 on the polluter-pays principle and on producer responsibility is taken over in Reci-
tals 24 and 25 of the common position.

Amendment 13 on waste oils is taken on board, in part and in spirit, by Recital 40 and Article 18.
While the common position foresees the withdrawal of Directive 75/439/EEC on waste oils,
Article 18 has been considerably developed and allows, in particular, Member States to maintain
regeneration as a national priority.

Amendment 168 on the powers conferred on the Commission is partly covered in Recitals 42 and
43 although the scope for applying the new comitology procedure is wider in the common position.

Articles:

Amendment 101-14 on the subject matter and on the waste hierarchy are mostly covered in Article 1
and Article 11, coupled with Recitals 27 and 28. The common position, however, differs somewhat
from this Amendment in that it considers, in particular, that subsidiarity should apply as regards
procedures for departing from the hierarchy for certain waste streams.

Amendment 15-134-102-123-126 on exclusions from the scope of the Directive is partly covered in
Article 2 as regards uncontaminated soil and other naturally-occurring material used for the purposes
of construction on the site from which it was excavated, animal by-products (intended for uses that
are not considered waste operations), non-hazardous sediments (relocated inside surface waters), the
reference to further Commission proposals (Article 2(4)), but not as regards the addition of a refer-
ence to sewage sludge used in agriculture.

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Amendment 19 adding a definition of ‘prevention’ is taken up in Article 3(11); actions related to the
prevention of risks during waste management operations are not included as such, however, given
that this definition should only concern measures taken before a substance, material or product has
become a waste.

Amendment 20 on the definition of ‘re-use’ can be found in principle in Article 3(12) as far as this
definition now clearly relates to products or components that are not waste which are used again for
the same purpose for which they were conceived.

Amendment 21 on the definition of ‘recycling’ is covered in substance by Article 3(16).

Amendment 23 on the definition of ‘waste oils’ is incorporated in principle in Article 3(3) covering
all industrial waste oils and any mineral or synthetic lubrication oil.

Amendment 24 on the definition of ‘treatment’ is incorporated in Article 3(13), which should be
read jointly with Annexes I and II on disposal and recovery operations. In these Annexes the explana-
tory notes have been added to clarify the situation in respect to interim/preparatory operations.

Amendment 25 on the definition of ‘disposal’ is taken up in part and in substance by Article 3(18).
The more operational part of the proposed definition, on the need for disposal operations to give a
high priority to the protection of human health and the environment, is addressed in Article 10
(Protection of human health and the environment) and Article 11 (Waste hierarchy) of the common
position.

Amendments 27, 28, 30, 31 and 34 suggesting definitions of ‘dealer’, ‘broker’, ‘bio-waste’, ‘best avail-
able techniques’ and ‘regeneration’ are integrated in Article 3 paragraphs (7), (8), (4), (19) and (17)
respectively.

Amendment 107-121 on the distinction between by-products and waste is covered in part and in
substance by Article 4 on by-products, to be read in conjunction with Recital 20 (first indent).

Amendment 35 on producer responsibility is taken up in part and in substance by Article 7 of the
common position although the latter is not obligatory for Member States and does not provide for a
follow-up procedure on its implementation. General reporting obligations and follow-up by the
Commission are foreseen in Article 34 of the common position.

Amendment 169-36 on the list of waste is partly covered in Article 6, which now makes specific
reference to Commission Decision 2000/532/EC and to the regulatory procedure with scrutiny for
adapting the list in question. The common position does not follow the Amendment on other
aspects; in particular, it is foreseen that the list should be binding only as regards the determination
of hazardous waste.

Amendment 38-108-157-140-141 on recovery is partly taken on board. In particular: paragraph 1
is covered in Article 8(1) (reference to the objectives and to the waste hierarchy) and in Article 3(14)
on the definition of recovery; paragraph 2 is taken up to a certain extent in Article 24 on technical
minimum standards, specifying that the Commission may, where there is evidence that a benefit in
terms of protection of human health and the environment would be gained, adopt technical
minimum standards for treatment activities (recovery and disposal) taking into account inter alia best
available techniques; paragraph 2b is covered partly by Annex IV on examples of waste prevention
measures (for the waste prevention programmes referred to in Article 26) as regards economic instru-
ments, procurement criteria and accredited re-use and repair networks.

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As regards paragraph 2d on high-quality recycling, a reference to separate collection has been added
in Article 8(2) while the existing obligation for separate collection of hazardous waste and waste oils
is maintained in Articles 15 to 18. Other parts of this Amendment, notably where EU-level targets
for re-use and recycling are established, have not been taken on board because they were considered
unrealistic given the existing data gaps and/or premature.

Finally, the modifications related to the amendments to Annex II on recovery operations have not
been taken on board because this Annex (as well as Annex I) may not be modified unilaterally, given
the EU's international obligations in the framework of the OECD (1) and the Basel Convention (2).

Amendment 39-158 on disposal is partly taken on board in Article 9 (reference to Article 8(1)), in
Annex I, where a note has been added clarifying that disposal operation D11 is prohibited by EU
legislation and international conventions, and in Recital 19 on disposal operation D7 on release to
seas and oceans including sea-bed insertion.

Amendment 40 is partly covered by Article 10 on protection of human health and the environment
(introductory sentence).

Amendment 41 on requirements for waste recovery and disposal and for end-of-waste status is
covered by Article 24 on technical minimum standards (adoption by the Commission via the
Committee) and in part and in principle by Article 22(1) on conditions for exemptions (laid down by
the Member States for recovery operations and for certain disposal operations of non-hazardous
waste at the place of production) and by Article 5 on end-of-waste status. The common position,
however, does not take up the notion of best available waste management techniques and differs
from the Amendment on the procedure to be used (comitology rather than approval of individual
Directives).

Amendment 43 is taken up in substance by Article 13(1) on responsibility and more precisions are
given in Article 13(2)(new) on the allocation of responsibility for waste management in case of preli-
minary treatment operations.

Amendment 44 is taken up in substance by Article 12 on costs.

Amendment 45 is partly covered by Article 5 on end-of-waste, coupled with Recital 20
(second indent) outlining the possible categories of waste for which ‘end-of-waste’ criteria should be
developed. As above, the common position differs from the Amendment, in particular, as regards the
procedure to be used for the development of such criteria.

Amendments 46, 131 and 47 on the dilution and mixing of hazardous waste and on hazardous
waste produced by households are taken over in part and in principle by Articles 15(1), 15(2) and
17 respectively.

Amendment 56 on waste oils is taken up in substance by Article 18, although the common position
foresees, in Article 38, that the EU-wide priority for regeneration will be repealed with Directive
75/439/EEC.

Amendment 112-138 on the introduction of a new chapter on bio-waste is covered in part and in
principle by Article 19 coupled with Recital 32. The development of specifications and criteria for
compost is also foreseen in Recital 20, second indent, on end-of-waste. The common position,
however, differs on the nature of the requirements foreseen, for example on separate collection and
on treatment prior to spreading on land.

Amendment 59 on permits is covered in substance by Article 20(5).

Amendment 60 on minimum standards for permits is taken up in part and in principle by Article 24,
although the common position differs from the Amendment as regards the procedure to be used for
the development of such standards (comitology rather than approval of individual Directives).

(1) Decision C(2001) 107 final of the EOCD Council concerning the revision of Decision C(92) 39 final on the control of

trans-boundary movements of waste destined for recovery operations.

(2) Basel Convention of 22 March 1989 on the control of trans-boundary movements of hazardous waste and their disposal.

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Amendments 62 and 64 on registration requirements for establishments or undertakings which
collect or transport waste on a professional basis are covered in part by Article 22, by Recital 33 and
by Article 24(2) (minimum standards for activities which require registration).

Amendment 66 on the reference to the hierarchy and to guidelines in relation to plans and
programmes is taken up in part by Articles 25(2) and 26(5), while Amendments 67 and 151 on
measures to prevent shipment of waste are addressed in Recital 36 coupled with Article 14(1).

Amendment 69 on the waste prevention programmes is taken over in part and in principle by Arti-
cles 26 and 28, although the common position does not support the introduction of target dates for
stabilising and reducing the generation of waste as indicated in the Amendment.

Amendment 71 on the regular evaluation of waste prevention programmes is covered partly by
Article 27, although the common position indicates a periodicity of six years (instead of five) and
does not foresee the involvement of the European Environment Agency in such evaluations.

Amendment 115 on reports from Member States and reviews by the Commission is partly taken up
in Article 34.

Amendment 173 on adaptation of the Annexes III and IV to scientific and technical progress is
partly taken up in Article 35, which indicates that this adaptation will take place in accordance with
the regulatory procedure with scrutiny. However, the common position considers that this process
should concern all the Annexes to the Directive.

Amendment 77 on sanctions for non-compliance is largely addressed by Article 33 on enforcement
and sanctions coupled with Article 37(2) on transposition.

Amendment 78 on the new regulatory procedure with scrutiny is incorporated in Article 36(2).

Annexes:

Amendments 81 and 82 on certain disposal operations are covered in principle by Recital 19 (on
releases into seas/oceans including sea-bed insertion) and in Annex I first asterisk (on incineration at
sea).

Amendment 86 is partly taken up in Annex II, third asterisk (recycling of inorganic construction
materials).

Amendment 89 on Annex IIa (new) listing applications for which wastes can be used as a secondary
product, material or substance is addressed to a limited extent in Recital 20 second indent, listing the
possible categories of waste for which ‘end-of-waste’ specifications and criteria should be developed,
together with Article 5 on ‘end-of-waste’ status, specifying the conditions and further criteria applic-
able, to be developed in accordance with the regulatory procedure with scrutiny.

Amendment 90 on the properties of hazardous waste is introduced into Annex IV (H 14 and H 15)
and Amendment 94 is introduced in Annex IV as such.

(b) did not include 49 amendments in the common position.

With respect to Amendments 2, 3, 153, 9, 10, 12, 103, 17, 127, 26, 29, 32, 37, 109, 48 and 170,
50, 171, 51 and 172, 52, 53, 54, 98 and 113, 58, 61, 161, 188, 65, 68, 70, 72, 79, 80, 83, 84,
85, 87, 88, 91, 93, the Council followed the position expressed by the Commission.

In relation to Amendments 11, 104, 33, 49, 63, 74, 92, 95, 96, 97, accepted in part or in principle
by the Commission but not included in the common position, the following considerations can be
made:

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Amendment 11 introducing a new recital on hazardous waste (to replace Recital 19 of the Commis-
sion proposal) focuses in particular on inappropriate management, the need for specific and dedicated
treatment modalities including traceability, and on safety and qualification of operators. While not
disagreeing in principle, the Council decided not to take it up because it constitutes a premise to
Amendments 50, 51 and 172, 52, 53, 54, 58, 161, 188 to the Articles, which were not accepted by
the Commission and the Council and thus not integrated in the common position.

Amendment 104 on the definition of ‘separate collection’ was not taken over because Article 8(2),
containing a provision on separate collection, describes this term adequately.

Amendment 33 on the definition of ‘cleaning’ was not introduced in order to avoid redundancy with
the definition of ‘preparing for re-use’ applicable to products or components of products that have
become waste.

Amendment 49 on the list of waste was not taken on board, the Council preferring to maintain the
status-quo as regards the elements to be taken into account for compiling the list, which is now
clearly referred to in Article 6 as the list established by Commission Decision 2000/532/EC, as
suggested by the European Parliament.

Amendment 63 on minimising bureaucracy concerning registration, was not taken up because this
point falls within the scope of subsidiarity.

Amendment 74 aimed at broadening the scope of the record-keeping requirements in Article 32 and
making this Article directly applicable to non-hazardous waste, was not introduced because the
Council considered that it would increase bureaucracy unnecessarily, while partly overlapping with
the record-keeping requirements of the Regulation on shipment of waste (Article 20, Regulation (EC)
No 1013/2006). As an alternative, the common position foresees, in Article 32(3), an option for
Member States to apply the same record-keeping provision to producers of non-hazardous waste.

Amendment 92 adding the specification of criteria for project funding under Structural and Regional
funds among the measures for waste prevention in the national programmes (Annex IV) was not
considered relevant to the scope of the Directive and thus not integrated into the common position.

Amendments 95, 96 and 97 to Annex IV, adding certain details to the waste prevention measures,
were not integrated into the common position, also given that this Annex is a non-exclusive list of
examples, and that
the Directive clarifies that Member States can include in their national
programmes other measures as appropriate (Article 26(2)).

3. Other innovations introduced by the Council

Other main changes introduced by the common position relate to:

— the exclusions from the scope in Article 2, which clarifies among others the situation in relation
to land (in situ), including unexcavated contaminated soil, and buildings permanently connected
with land,

— definitions in Article 3, where, in particular, a definition of ‘hazardous waste’ is added and, to
avoid confusion over the term ‘re-use’ which is relevant both in cases of prevention measures (for
products or components that are not waste) and in the case of waste recovery operations, a new
definition on ‘preparing for re-use’ is added. This term will apply to certain recovery operations
of products that have become waste. This will facilitate the application of the five-step waste hier-
archy foreseen in Article 11 by allowing a clear distinction between the first and the second step
of the hierarchy. The common position now foresees ‘prevention’ as a first step (to avoid the
generation of waste) and ‘preparing for re-use’ as a second step (applicable to waste, as will be the
case for the following steps),

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— the extension of the network of disposal installations foreseen in Article 14, applying the princi-
ples of self-sufficiency and proximity, to installations for the recovery of mixed municipal waste.
In addition, a derogation to Regulation (EC) No 1013/2006 on shipment of waste allows
Member States to limit incoming shipments under certain conditions. These modifications are
introduced to accommodate several concerns related to the classification of high energy efficient
incinerators dedicated to the processing of municipal solid waste (cf. formula in Annex II, opera-
tion R 1) among recovery operations as proposed by the Commission and agreed by the Council.
In this respect, a new paragraph 1 on future specifications of the formula for incineration facil-
ities, has also been added in Article 35 (interpretation and adaptation to technical progress).

IV. CONCLUSIONS

The Council considers that its common position represents a balanced and realistic solution to a
number of concerns expressed by Member States on the Commission's proposal, where the European
Parliament's Opinion is taken into account to a large extent. It looks forward to a constructive discussion
with the European Parliament with a view to an early agreement on this Directive.