Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (Text with EEA relevance)
Date: 2008-11-19
Institutions: Council of the European Union, European Parliament
Subjects: environmental protection, prevention of pollution, public health, waste recycling

22.11.2008

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Official Journal of the European Union

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DIRECTIVES

DIRECTIVE 2008/98/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 19 November 2008

on waste and repealing certain Directives

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty
Community, and in particular Article 175(1) thereof,

establishing the European

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 or 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.

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)

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.
It defines key concepts 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

(1) OJ C 309, 16.12.2006, p. 55.
(2) OJ C 229, 22.9.2006, p. 1.
(3) Opinion of the European Parliament of 13 February 2007 (OJ C 287
E, 29.11.2007, p. 135), Council Common Position of 20 December
2007 (OJ C 71 E, 18.3.2008, p. 16) and Position of the European
Parliament of 17 June 2008 (not yet published in the Official
Journal). Council Decision of 20 October 2008.

(4) OJ L 114, 27.4.2006, p. 9.

(2)

(3)

(4)

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,
the distinction
between waste and non-waste, and for the development
of measures
and
regarding
management, including the setting of targets.

including a clarification of

prevention

waste

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

In its resolution of 20 April 2004 on the abovemen­
tioned communication (6),
the European Parliament
called on the Commission to consider
extending
Council Directive 96/61/EC of 24 September 1996
and
concerning
control (7) to the waste sector as a whole. It also asked
the Commission to differentiate clearly between recovery
and disposal and to clarify the distinction between waste
and non-waste.

prevention

integrated

pollution

(5) OJ L 242, 10.9.2002, p. 1.
(6) OJ C 104 E, 30.4.2004, p. 401.
(7) OJ L 257, 10.10.1996, p. 26. Directive replaced by Directive
(OJ
the European Parliament and of

the Council

2008/1/EC of
L 24, 29.1.2008, p. 8).

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(5)

(6)

(7)

(8)

(9)

In its conclusions of 1 July 2004, the Council called on
the Commission to bring forward a proposal
for the
revision 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.

The first objective of any waste policy should be to
minimise the negative effects of
the generation and
management of waste on human health and the environ­
ment. Waste policy should also aim at reducing the use
of resources, and favour the practical application of the
waste hierarchy.

In its Resolution of 24 February 1997 on a Community
strategy for waste management (1), the Council confirmed
that waste prevention should be the first priority of waste
management, and that
recycling
should be preferred to energy recovery from waste,
where and insofar as they are the best ecological options.

re-use and material

takes

into account

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 in regard to waste prevention, to
the
introduce an approach that
whole life-cycle of products and materials and not only
the waste phase, and to focus on reducing the environ­
mental
and waste
management, thereby 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, Directive 2006/12/EC should be repealed and
replaced by a new directive.

generation

of waste

impacts

(11)

(12)

(13)

(14)

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
impacts of waste
environmental
would bring the
generation and waste management more sharply into
focus
resources. Conse­
the life-cycle of
quently,
the legal basis for this Directive should be
Article 175.

throughout

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 in accordance with the definition
of waste and the provisions on by-products or on the
end of waste status under this Directive.

alia,

inter

the European
Regulation (EC) No 1774/2002 of
the Council of 3 October 2002
Parliament and of
animal by-
concerning
laying down health rules
intended for human consumption (2)
products not
for proportionate
as
provides,
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 Regulation, 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.

controls

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

instrument

animal

as

The classification of waste as hazardous waste should be
inter alia, on the Community legislation on
based,
chemicals,
in particular concerning the classification of
preparations as hazardous, including concentration limit
values used for that purpose. Hazardous waste should be
regulated under strict specifications in order to prevent
or limit, as far as possible, the potential negative effects
on the environment and on human health due to inap­
it is necessary to
propriate management. Furthermore,
maintain the system by which waste and hazardous
waste have been classified in accordance with the list
of the types of waste as last established by Commission
Decision 2000/532/EC (3),
to encourage a
in order
the
and ensure
harmonised classification of waste
harmonised determination of hazardous waste within
the Community.

(10)

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,

(1) OJ C 76, 11.3.1997, p. 1.

(2) OJ L 273, 10.10.2002, p. 1.
(3) Decision 2000/532/EC of 3 May 2000 replacing Decision 94/3/EC
establishing a list of wastes pursuant to Article 1(a) of Council
Directive 75/442/EEC on waste and Council Decision 94/904/EC
establishing a list of hazardous waste pursuant to Article 1(4) of
Council Directive 91/689/EEC on hazardous waste (OJ L 226,
6.9.2000, p. 3).

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(22)

(15)

(16)

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.
Establishments or undertakings that produce waste in
the course of their activities should not be regarded as
engaged in waste management and subject to authoris­
ation 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
preliminary 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 three years or longer and the
storage of waste prior to disposal for a period of one
year or longer is subject to Council Directive 1999/31/EC
of 26 April 1999 on the landfill of waste (1).

(17) 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.

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

(19)

impact

The definitions of recovery and disposal need to be
modified in order to ensure a clear distinction between
the two concepts, based on a genuine difference in envi­
ronmental
through the substitution of natural
resources in the economy and recognising the potential
benefits to the environment and human health of using
waste as a resource.
In addition, guidelines may be
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 envi­
ronmental impact of the operation.

(20)

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

(23)

(21) Disposal operations consisting of release to seas and
oceans including sea bed insertion are also regulated by

in particular the Convention
international conventions,
on the Prevention of Marine Pollution by Dumping of
Wastes
London on
13 November 1972, and the 1996 Protocol thereto as
amended in 2006.

and Other Matter,

done

at

definition,

the waste

There should be no confusion between the various
aspects of
appropriate
procedures 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
the definition of
order to specify certain aspects of
waste, this Directive should clarify:

and

— when substances or objects

not

aimed

process

resulting

primarily

and not waste. The decision that

from a
at
production
are by-
producing such substances or objects
a
products
substance is not waste can be taken only on the
to be regularly
basis of a coordinated approach,
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 environ­
mental
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; an object or
substance should be regarded as being a by-product
only when certain conditions are met. Since by-
products fall
into the category of products, exports
of by-products should meet the requirements of the
relevant Community legislation; and

‘end-of-waste’

— when certain waste ceases to be waste, laying down
end-of-waste criteria that provide a high level of en­
vironmental protection and an environmental and
economic benefit; possible categories of waste for
criteria
which
should be developed are, among others, construction
and demolition waste, some ashes and slags, scrap
metals, aggregates,
textiles, 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.

specifications

tyres,

and

set

in European Parliament

to verify or calculate if
targets

the recycling and
In order
recovery
and
Council Directive 94/62/EC of 20 December 1994 on
packaging
Directive
the
2000/53/EC of
the European Parliament and of
life
Council of 18 September 2000 on end-of

packaging

waste (2),

and

(1) OJ L 182, 16.7.1999, p. 1.

(2) OJ L 365, 31.12.1994, p. 10.

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vehicles (1), Directive 2002/96/EC of
the European
Parliament and of the Council of 27 January 2003 on
waste electrical and electronic equipment (WEEE) (2) and
Directive 2006/66/EC of the European Parliament and of
the Council of 6 September 2006 on batteries and accu­
mulators and waste batteries and accumulators (3) as well
as other relevant Community legislation are met,
the
amounts of waste which have ceased to be waste
should be accounted for as
recycled and recovered
waste when the recycling or recovery requirements of
that legislation are satisfied.

(24) 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
equipment and vehicles.

(25)

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

the real costs to the environment of

(26)

(27)

(28)

The polluter-pays principle is a guiding principle at
European and international
levels. The waste producer
and the waste holder should manage the waste in a
way that guarantees a high level of protection of the
environment 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
‘recycling society’, seeking to avoid waste generation
and to use waste as a resource. In particular, the Sixth
Community Environment Action Programme calls for
measures aimed at ensuring the source separation,
collection and recycling of priority waste streams.
In
line with that objective and as a means to facilitating
or improving its recovery potential, waste should be
separately collected if technically, environmentally and
economically practicable, before undergoing recovery
operations that deliver the best overall environmental
outcome. Member States should encourage the separation
of hazardous compounds from waste streams if necessary
to achieve environmentally sound management.

(1) OJ L 269, 21.10.2000, p. 34.
(2) OJ L 37, 13.2.2003, p. 24.
(3) OJ L 266, 26.9.2006, p. 1.

(29) Member States should support the use of recyclates, such
as recovered paper, in line with the waste hierarchy and
with the aim of a recycling society, and should not
support the landfilling or incineration of such recyclates
whenever possible.

(30)

(31)

(32)

(33)

(34)

action
it

preventive
the Treaty,

In order to implement the precautionary principle and
the
in
of
principle
enshrined
Article 174(2) of
is necessary to set
general environmental objectives for the management
of waste within the Community. By virtue of those prin­
ciples, 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 lays down a priority order
of what 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, technical feasi­
bility, economic viability and environmental protection.

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 instal­
lations and installations
the recovery of mixed
for
municipal waste
collected from private households,
taking into account geographical circumstances and the
need for specialised installations for certain types of
waste.

the European Parliament and of

the purposes of applying Regulation (EC) No
For
1013/2006 of
the
Council of 14 June 2006 on shipments of waste (4),
mixed municipal waste as referred to in Article 3(5) of
that Regulation remains mixed municipal waste even
when it has been subject
treatment
operation that has not substantially altered its properties.

to a waste

with

is important

that hazardous waste be labelled in
It
accordance
Community
international
standards. However, where such waste is collected sepa­
rately from households, this should not result in house­
holders being obliged to complete the requisite documen­
tation.

and

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

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(35)

(36)

(37)

the

facilitate

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
proper
treatment of bio-waste in order to produce environ­
mentally safe
and other bio-waste based
materials. The Commission, after an assessment on the
management of bio-waste, will submit proposals for
legislative measures, if appropriate.

collection

compost

separate

and

Technical minimum standards
concerning waste
treatment 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 coordinated approach
to the implementation of this Directive would ensure the
protection of human health and the environment.

for

Such measures

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
impacts and
concentrating on the key environmental
the whole life-cycle of products
taking into account
should pursue
and materials.
the
link between economic
objective of breaking the
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
in line with Directive
access to them once drawn up,
2003/35/EC of
the
Council of 26 May 2003 providing for public partici­
pation in respect of the drawing up of certain plans
and programmes relating to the environment (1). Waste
prevention
be
developed covering, as appropriate, the reduction of the
adverse impacts of waste and of the amounts of waste
generated.

the European Parliament and of

decoupling

objectives

should

and

environmental

It is necessary to specify further the scope and content of
the waste management planning obligation, and to
integrate into the process of developing or
revising
waste management plans the need to take into account
the generation and
impacts of
the
management 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.

(41)

resource efficiency,

In order to move towards a European recycling society
with a high level of
targets for
preparing for re-use and recycling of waste should be
set. Member States maintain different approaches to the
collection of household wastes and wastes of a similar
nature and composition. It is therefore appropriate that
such targets take account of
the different collection
systems
in different Member States. Waste streams
from other origins similar to household waste include
waste referred to in entry 20 of the list established by
Commission Decision 2000/532/EC.

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

(42)

(39) According to Regulation (EC) No 1013/2006, Member
States may take the measures necessary to prevent
shipments 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. It is recognised that
certain Member States may not be able to provide a
network comprising the full
recovery
facilities within their territory.

range of

final

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

economic
environmental benefits. The use of

application of

(43)

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
legislation, 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 envi­
ronment 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.

(40)

In order to improve the way in which waste prevention
actions are taken forward in the Member States and to

(1) OJ L 156, 25.6.2003, p. 17.
(2) OJ L 377, 31.12.1991, p. 20.

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(44)

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 (1) 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 priority
order of the waste hierarchy, and preference should be
given to options that deliver the best overall environmen­
tal outcome. The separate collection of waste oils
to their proper management and the
remains crucial
prevention of damage to the environment
from their
improper disposal.

(48)

(49)

(45) Member States should provide for effective, proportionate
and dissuasive penalties to be imposed on natural and
legal persons responsible for waste management, such as
waste producers, holders, brokers, dealers, transporters
and collectors, establishments or undertakings which
carry out waste
and waste
management schemes, in cases where they infringe the
provisions of this Directive. Member States may also take
the costs of non-compliance and
action to recover
to Directive
remedial measures, without prejudice
2004/35/EC of
the
liability
Council of 21 April 2004 on environmental
with regard to the prevention and remedying of environ­
mental damage (2).

the European Parliament and of

treatment operations

(46)

(47)

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 (3).

targets

recycling

In particular, the Commission should be empowered 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 determi­
nation of waste which is considered as hazardous, as
well as to establish detailed rules on the application
and calculation methods for verifying compliance with
this Directive.
set
the
Furthermore, the Commission should be empowered to
adapt the annexes to technical and scientific progress and
to specify the application of the formula for incineration
referred to in Annex II, R1. Since those
facilities
measures are of general scope and are designed to
amend non-essential elements of
this Directive, by
supplementing it with 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.

out

in

(1) OJ L 194, 25.7.1975, p. 23.
(2) OJ L 143, 30.4.2004, p. 56.
(3) OJ L 184, 17.7.1999, p. 23.

In accordance with paragraph 34 of the interinstitutional
agreement on better law-making (4), 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.

the

the objective of

this Directive, namely the
Since
protection of
environment and human health,
cannot be sufficiently achieved by the Member States
and can therefore, by reasons of the scale or effects of
the Directive, be better achieved at Community level, the
Community may adopt measures, in accordance with the
principle of subsidiarity as set out in Article 5 of the
Treaty.
In accordance with the principle of propor­
tionality, as set out in that Article, this Directive does
not go beyond what is necessary in order to achieve that
objective,

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
and human health by preventing or
reducing the adverse
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;

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

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(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.

The following shall be excluded from the scope of this
they are covered by other

that

2.
Directive to the extent
Community 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) carcasses 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 of
European
Parliament and of the Council of 15 March 2006 on the
management of waste from extractive industries (1).

the

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

relocated inside

1.

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

2.

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

3.

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

4.

‘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;

5.

‘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;

6.

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

7.

‘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;

8.

‘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;

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
Directives.

9.

Article 3

Definitions

‘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

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

(1) OJ L 102, 11.4.2006, p. 15.

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;

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11.

‘separate collection’ means the collection where a waste
stream is kept separately by type and nature so as to
facilitate a specific treatment;

19.

‘disposal’ means any operation which is not recovery even
where the operation has as a secondary consequence the
reclamation of substances or energy. Annex I sets out a
non-exhaustive list of disposal operations;

12.

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

20.

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

(a)

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

Article 4

Waste hierarchy

(b) the adverse impacts of the generated waste on the en­

vironment and human health; or

The following waste hierarchy shall apply as a priority
legislation and

1.
order in waste prevention and management
policy:

(c)

the content of harmful substances in materials and
products;

(a) prevention;

13.

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

(b) preparing for re-use;

14.

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

(c) recycling;

15.

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

16.

‘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
can be re-used without any other pre-processing;

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

(e) disposal.

2. When applying the waste hierarchy referred to in
paragraph 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
hierarchy where this is justified by life-cycle thinking on the
overall
impacts of the generation and management of such
waste.

17.

‘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;

Member States shall ensure that the development of waste legis­
lation and policy is a fully transparent process, observing
existing national rules about the consultation and involvement
of citizens and stakeholders.

18.

‘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;

Member States shall take into account the general environmen­
tal 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
13.

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Article 5

By-products

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

adverse environmental or human health impacts.

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;

(c)

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

(d) further use is lawful, i.e. the substance or object fulfils all
environmental and health protection
lead to

relevant product,
requirements for the specific use and will not
overall adverse environmental or human health impacts.

On the basis of the conditions laid down in paragraph 1,
2.
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. Those
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 39(2).

Article 6

End-of-waste status

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

(a)

the substance or object
purposes;

is commonly used for specific

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

(c)

the substance or object fulfils the technical requirements for
the specific purposes and meets the existing legislation and
standards applicable to products; and

The criteria shall
include limit values for pollutants where
necessary and shall take into account any possible adverse envi­
ronmental effects of the substance or object.

2.
The measures designed to amend non-essential elements
of this Directive by supplementing it relating to the adoption of
the criteria set out in paragraph 1 and specifying the type of
waste to which such criteria shall apply shall be adopted in
accordance with the
regulatory procedure with scrutiny
referred to in Article 39(2). End-of-waste specific criteria
should be considered, among others, at least for aggregates,
paper, glass, metal, tyres and textiles.

recovery and recycling targets

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
the
in Directives
94/62/EC, 2000/53/EC, 2002/96/EC and 2006/66/EC and
other relevant Community legislation when the recycling or
recovery requirements of that legislation are satisfied.

set out

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 provision of
technical
information in the
standards and regulations and of rules on Information Society
services (1) where so required by that Directive.

field of

Article 7

List of waste

1.
The measures designed to amend non-essential elements
of this Directive relating to the updating of the list of waste
established by Decision 2000/532/EC shall be adopted in
regulatory procedure with scrutiny
accordance with the
referred to in Article 39(2). The list of waste shall
include
hazardous waste and shall take into account the origin and
the limit
composition of
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 circumstances. A substance or object shall be considered
to be waste only where the definition in point (1) of Article 3 is
met.

the waste and, where necessary,

(1) OJ L 204, 21.7.1998, p. 37.

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A Member State may consider waste as hazardous waste
2.
where, even though it does not appear as such on the list of
waste, it displays one or more of the properties listed in Annex
III. The Member State shall notify the Commission of any such
cases without delay. It shall record them in the report provided
for in Article 37(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
it may
display any of
the properties listed in Annex III,
consider
that waste as non-hazardous waste. The Member
State shall notify the Commission of any such cases without
delay 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 reclassification of hazardous waste as non-hazardous
4.
waste may not be achieved by diluting or mixing the waste with
the aim of
lowering the initial concentrations of hazardous
substances to a level below the thresholds for defining waste
as hazardous.

5.
The measures designed to amend non-essential elements
of this Directive relating to the revision of the list in order to
decide on its adaptation pursuant to paragraphs 2 and 3 shall
be adopted in accordance with the regulatory procedure with
scrutiny referred to in Article 39(2).

Such measures may include an acceptance of 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. These measures may
include the obligation to provide publicly available information
as
re-usable and
to which the product
recyclable.

to the extent

is

appropriate measures

2. Member States may
to
take
encourage the design of products in order to reduce their envi­
ronmental 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 4 and 13.

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,

take into account

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

the technical

6. Member States may consider waste as non-hazardous
waste in accordance with the list of waste referred to in
paragraph 1.

The extended producer

4.
responsibility shall be applied
without prejudice to the responsibility for waste management
as provided for in Article 15(1) and without prejudice to
existing waste stream specific and product specific legislation.

The Commission shall ensure that the list of waste and
7.
any review of this list adhere, as appropriate, to principles of
clarity, comprehensibility and accessibility for users, particularly
small and medium-sized enterprises (SMEs).

CHAPTER II

GENERAL REQUIREMENTS

Article 8

Extended producer responsibility

In order to strengthen the re-use and the prevention,
1.
recycling and other recovery of waste, Member States may
take legislative or non-legislative measures to ensure that any
natural or legal person who professionally develops, manu­
factures, processes, treats, sells or imports products (producer
of the product) has extended producer responsibility.

Article 9

Prevention of waste

Following the consultation of stakeholders,
the Commission
shall submit to the European Parliament and the Council the
following reports accompanied, if appropriate, by proposals for
measures required in support of the prevention activities and
the implementation of
the waste prevention programmes
referred to in Article 29 covering:

(a) by the end of 2011, an interim report on the evolution of
waste generation and the scope of waste prevention,
including the formulation of a product eco-design policy
addressing both the generation of waste and the presence
of hazardous substances in waste, with a view to promoting
technologies focusing on durable, re-usable and recyclable
products;

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(b) by the end of 2011, the formulation of an action plan for
further support measures at European level seeking,
in
particular, to change current consumption patterns;

these waste streams are similar to waste from households,
shall be increased to a minimum of overall 50 % by weight;

(c) by the end of 2014, the setting of waste prevention and
decoupling objectives for 2020, based on best available
practices including, if necessary, a revision of the indicators
referred to in Article 29(4).

Article 10

Recovery

1. Member States shall take the necessary measures to ensure
that waste undergoes recovery operations, in accordance with
Articles 4 and 13.

2. Where necessary to comply with paragraph 1 and to
facilitate 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.

recovery,

the preparing for re-use, recycling and other
(b) by 2020,
material
including backfilling operations using
waste to substitute other materials, of non-hazardous
construction and demolition waste excluding naturally
occurring material defined in category 17 05 04 in the
list of waste shall be increased to a minimum of 70 % by
weight.

The Commission shall establish detailed rules on the appli­
3.
cation and calculation methods for verifying compliance with
the targets set out in paragraph 2 of this Article, considering
Regulation (EC) No 2150/2002 of the European Parliament and
of the Council of 25 November 2002 on waste statistics (1).
These can include transition periods for Member States which,
in 2008, recycled less than 5 % of either categories of waste
referred to in paragraph 2. Those 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 39(2) of this Directive.

Article 11

Re-use and recycling

take measures, as appropriate,

to
1. Member States shall
re-use
promote the re-use of products and preparing for
activities, notably by encouraging the
and
support of re-use and repair networks, the use of economic
instruments, procurement criteria, quantitative objectives or
other measures.

establishment

Member States shall take measures to promote high quality
recycling and, to this end, shall set up separate collections of
waste where technically, environmentally and economically
practicable and appropriate to meet
the necessary quality
standards for the relevant recycling sectors.

Subject to Article 10(2), by 2015 separate collection shall be set
up for at least the following: paper, metal, plastic and glass.

if necessary,

4.
By 31 December 2014 at the latest, the Commission shall
examine the measures and the targets referred to in paragraph 2
with a view to,
reinforcing the targets and
considering the setting of targets for other waste streams. The
report of the Commission, accompanied by a proposal if appro­
priate, shall be sent to the European Parliament and the Council.
the
In its report,
relevant
impacts of
setting the targets.

the Commission shall

take into account

environmental,

and social

economic

5.
Every three years, in accordance with Article 37, Member
States shall report to the Commission on their record with
regard to meeting the targets.
this
report shall include the reasons for failure and the actions the
Member State intends to take to meet those targets.

targets are not met,

If

In order to comply with the objectives of this Directive,
2.
and move towards a European recycling society with a high
level of
take the
necessary measures designed to achieve the following targets:

resource efficiency, Member States

shall

(a) by 2020, the preparing for re-use and the recycling of waste
materials such as at least paper, metal, plastic and glass
from households and possibly from other origins as far as

Article 12

Disposal

Member States shall ensure that, where recovery in accordance
with Article 10(1)
is not undertaken, waste undergoes safe
disposal operations which meet the provisions of Article 13
on the protection of human health and the environment.

(1) OJ L 332, 9.12.2002, p. 1.

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Article 13

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) without adversely affecting the countryside or places of

special interest.

Article 14

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
to be borne partly or wholly by the
management are
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 15

Responsibility for waste management

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 4 and 13.

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.

the producer and the holder can be shared or delegated among
the actors of the treatment chain.

3. Member States may decide, in accordance with Article 8,
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 provisions of Article 13.

Article 16

Principles of self-sufficiency and proximity

1. Member States shall take appropriate measures, in cooper­
ation 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,
Member States may,
limit
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.

The network shall be designed to enable the Community
2.
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.

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 theresponsibility of

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.

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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.

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.

Article 17

Control of hazardous waste

Member States shall take the necessary action to ensure that the
production, collection and transportation of hazardous waste, as
well as its storage and treatment, are carried out in conditions
providing protection for the environment and human health in
order to meet the provisions of Article 13, including action to
ensure traceability from production to final destination and
control of hazardous waste in order to meet the requirements
of Articles 35 and 36.

Article 18

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
in accordance
undertaking which has obtained a permit
with Article 23;

(b) the provisions of Article 13 are complied with and the
the waste management on human

adverse impact of
health and the environment is not increased; and

(c)

the mixing operation conforms to best available techniques.

Article 20

Hazardous waste produced by households

Articles 17, 18, 19 and 35 shall not apply to mixed waste
produced by households.

Articles 19 and 35 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 23 or 26.

Article 21

Waste oils

1. Without prejudice to the obligations
related to the
management of hazardous waste laid down in Articles 18 and
19, 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 4 and 13;

(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.

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 13.

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.

Article 19

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.

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.

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Article 22

Bio-waste

(e) such monitoring and control operations

as may be

necessary;

Member States shall
accordance with Articles 4 and 13, to encourage:

take measures, as appropriate, and in

(f)

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

(a)

the separate collection of bio-waste with a view to the
composting and digestion of bio-waste;

Permits may be granted for a specified period and may be

2.
renewable.

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

of environmental protection;

(c)

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

The Commission shall
carry out an assessment on the
management of bio-waste with a view to submitting a
proposal
if appropriate. The assessment shall examine the
opportunity of setting minimum requirements for bio-waste
management and quality criteria for compost and digestate
from bio-waste, in order to guarantee a high level of protection
for human health and the environment.

CHAPTER IV

PERMITS AND REGISTRATIONS

Article 23

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:

the

competent

authority considers

3. Where
the
intended method of treatment is unacceptable from the point
in particular when the
of view of environmental protection,
method is not in accordance with Article 13,
it shall refuse
to issue the permit.

that

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

Provided that the requirements of this Article are complied
5.
with, any permit produced pursuant
to other national or
Community 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 infor­
mation and the repetition of work by the operator or the
competent authority.

Article 24

Exemptions from permit requirements

Member States may exempt from the requirement laid down in
Article 23(1) establishments or undertakings for the following
operations:

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

production; or

(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;

(b) recovery of waste.

Article 25

Conditions for exemptions

(c)

the safety and precautionary measures to be taken;

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

1. Where a Member State wishes to allow exemptions, as
provided for in Article 24,
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.

lay down,

it shall

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Those rules shall be designed to ensure that waste is treated in
accordance with Article 13. In the case of disposal operations
referred to in point (a) of Article 24 those rules should consider
best available techniques.

shall

lay down specific conditions

In addition to the general rules provided for in paragraph
2.
for
1, Member States
including types of
exemptions relating to hazardous waste,
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.

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

are not

activities

that

3.

Such minimum standards shall:

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

treatment activity;

(b) ensure that
Article 13;

the waste is

treated in accordance with

3. Member States
inform the Commission of
general rules laid down pursuant to paragraphs 1 and 2.

shall

the

(c)

take into account best available techniques; and

Article 26

Registration

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

shall ensure that

(a) establishments or undertakings which collect or transport

waste on a professional basis;

(b) dealers or brokers; and

(c) establishments or undertakings which are
from the permit

subject
requirements pursuant

exemptions
Article 24.

to
to

existing records held by the

Where possible,
competent
authority shall be used to obtain the relevant information for
this registration process in order to reduce the administrative
burden.

(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 26 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 qualifi­
cation of collectors, transporters, dealers or brokers.

Those measures, designed to amend non-essential elements of
shall be adopted in
this Directive by supplementing it,
accordance with the
regulatory procedure with scrutiny
referred to in Article 39(2).

CHAPTER V

PLANS AND PROGRAMMES

Article 28

Waste management plans

1. Member States shall ensure that their competent auth­
orities establish, in accordance with Articles 1, 4, 13 and 16,
one or more waste management plans.

Article 27

Minimum standards

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

for
treatment activities
1.
Technical minimum standards
which require a permit pursuant
to Article 23 may be
adopted 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. Those measures,
designed to amend non-essential elements of this Directive by
supplementing it, shall be adopted in accordance with the regu­
latory procedure with scrutiny referred to in Article 39(2).

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
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.

environmentally

preparing

sound

for

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

(d) historical contaminated waste disposal sites and measures

for their rehabilitation.

(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;

5. Waste management plans shall conform to the waste
planning requirements laid down in Article 14 of Directive
94/62/EC and the strategy for
the
reduction of biodegradable waste going to landfills, referred to
in Article 5 of Directive 1999/31/EC.

the implementation of

(b) existing waste collection schemes and major disposal and
including any special arrangements
streams

recovery installations,
for waste oils, hazardous waste or waste
addressed by specific Community legislation;

Article 29

Waste prevention programmes

1. Member States shall establish, in accordance with Articles
1 and 4, waste prevention programmes not
than
12 December 2013.

later

(c) an assessment of the need for new collection schemes, the
closure of existing waste installations, additional waste
installation infrastructure in accordance with Article 16,
and, if necessary, the investments related thereto;

(d) sufficient information on the location criteria for site iden­
tification 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;

Such programmes shall be integrated either into the waste
management plans provided for in Article 28 or into other
environmental policy programmes, as appropriate, or shall
function as separate programmes. If any such programme is
integrated into the waste management plan or
into other
programmes, the waste prevention measures shall be clearly
identified.

The programmes provided for in paragraph 1 shall set out
2.
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 quali­
tative 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.

(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;

Indicators for waste prevention measures may be adopted
4.
in accordance with the regulatory procedure referred to in
Article 39(3).

(c)

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

5.
The Commission shall create a system for sharing infor­
mation on best practice regarding waste prevention and shall
develop guidelines in order to assist the Member States in the
preparation of the Programmes.

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Article 30

CHAPTER VI

Evaluation and review of plans and programmes

INSPECTIONS AND RECORDS

1. Member States shall ensure that the waste management
plans and waste prevention programmes are evaluated at least
every sixth year and revised as appropriate and, where relevant,
in accordance with Articles 9 and 11.

2.
The European Environment Agency is invited to include in
its annual report a review of progress in the completion and
implementation of waste prevention programmes.

Article 31

Public participation

Member States shall ensure that relevant stakeholders and auth­
orities 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,
if
the European Parliament
relevant, Directive 2001/42/EC of
and of the Council of 27 June 2001 on the assessment of
the effects of certain plans and programmes on the environ­
ment (1). They shall place the plans and programmes on a
publicly available website.

in accordance with Directive 2003/35/EC or,

Article 32

Cooperation

Member States shall cooperate as appropriate with the other
Member States concerned and the Commission to draw up
and the waste prevention
the waste management plans
programmes in accordance with Articles 28 and 29.

Article 34

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
inspections 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 35

Record keeping

The

establishments or undertakings

1.
referred to in
Article 23(1), the producers of hazardous waste and the estab­
transport
and undertakings which collect or
lishments
hazardous waste on a professional basis, or act as dealers and
brokers of hazardous waste, shall keep a chronological record of
the quantity, nature and origin of
the waste, and, where
relevant,
frequency of collection, mode of
the destination,
the
transport and treatment method foreseen in respect of
waste, and shall make that information available, on request,
to the competent authorities.

Article 33

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 28 and 29, once adopted, and of any substantial
revisions to the plans and programmes.

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.

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

the request of

The format for notifying the information on the adoption
2.
and substantial revisions of those plans and programmes shall
be adopted in accordance with the regulatory procedure referred
to in Article 39(3).

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

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

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Article 36

Enforcement and penalties

1. Member States
the
prohibit
management of waste.

shall
abandonment,

take the necessary measures

to
uncontrolled

dumping

or

level programmes,

programmes, objectives and indicators and shall review the
opportunity of Community
including
producer
responsibility schemes for specific waste streams,
targets, indicators and measures related to recycling, as well as
material and energy recovery operations that may contribute to
fulfilling the objectives set out in Articles 1 and 4 more effec­
tively.

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.

Article 38

Interpretation and adaptation to technical progress

The Commission may develop guidelines for the interpre­

1.
tation of the definitions of recovery and disposal.

CHAPTER VII

FINAL PROVISIONS

Article 37

Reporting and reviewing

the

Every three years, Member States
implementation of

shall
inform the
1.
Commission of
this Directive by
submitting 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 and, as appropriate, information
on measures as foreseen by Article 8 on extended producer
responsibility.

The report shall be drawn up on the basis of a questionnaire or
outline established by the Commission in accordance with the
referred to in Article 6 of Council Directive
procedure
91/692/EEC of 23 December 1991 standardising and rational­
ising 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.

If necessary, the application of the formula for incineration
facilities referred to in Annex II, R1, 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
processing steam. Local conditions of the outermost regions
as recognised 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 39(2).

2.
The Annexes may be amended in the light of scientific
and technical progress. Those 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 39(2).

Article 39

Committee procedure

1.

The Commission shall be assisted by a committee.

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.

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.

In the first report that intervenes by 12 December 2014,
4.
this
the Commission shall
Directive,
including the energy efficiency provisions, and will
present a proposal for revision if appropriate. The report shall
existing Member State waste prevention
also assess

review the implementation of

the

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.

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

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

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Article 40

Transposition

1. Member States shall bring into force the laws, regulations
and administrative provisions necessary to comply with this
Directive by 12 December 2010.

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 41

Repeal and transitional provisions

Directives 75/439/EEC, 91/689/EEC and 2006/12/EC are
hereby repealed with effect from 12 December 2010.

However, from 12 December 2008, the following shall apply:

the origin and composition of

2000/532/EC (*) on the basis of Annexes I and II to
this Directive. This waste must have one or more of
the properties listed in Annex III. The list shall take
into account
the
waste and, where necessary, limit values of concen­
tration. This list shall be periodically reviewed and, if
necessary revised. Those measures, designed to
amend non-essential elements of this Directive by
supplementing it, shall be adopted in accordance
scrutiny
with
referred
of Directive
2006/12/EC of the European Parliament and of the
Council of 5 April 2006 on waste (**),

procedure with
18(4)

in Article

regulatory

the

to

— any other waste which is considered by a Member
State to display any of the properties listed in Annex
III. Such cases shall be notified to the Commission
and reviewed with a view to adapting the list. Those
measures, designed to amend non-essential elements
shall be
of
adopted
regulatory
procedure with scrutiny referred to in Article 18(4)
of Directive 2006/12/EC.

this Directive by supplementing it,

accordance with

the

in

___________
(*) OJ L 226, 6.9.2000, p. 3.
(**) OJ L 114, 27.4.2006, p. 9.’;

(ii) Article 9 shall be replaced by the following:

(a) Article 10(4) of Directive 75/439/EEC shall be replaced by

the following:

‘Article 9

‘4.
The reference method of measurement to determine
the PCB/PCT content of waste oils shall be fixed by the
Commission. That measure, designed to amend non-
this Directive by supplementing it,
essential elements of
shall be
regulatory
adopted in accordance with the
procedure with scrutiny referred to in Article 18(4) of
Directive 2006/12/EC of the European Parliament and of
the Council of 5 April 2006 on waste (*).

___________
(*) OJ L 114, 27.4.2006, p. 9.’;

The measures necessary for adapting the Annexes of this
Directive to scientific and technical progress and for
revising the list of wastes referred to in Article 1(4),
this
designed to amend non-essential
Directive,
shall be
inter alia by supplementing it,
adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 18(4) of Directive
2006/12/EC.’;

elements of

(c) Directive 2006/12/EC is hereby amended as follows:

(b) Directive 91/689/EEC is hereby amended as follows:

(i) Article 1(2) shall be replaced by the following:

(i) Article 1(4) shall be replaced by the following:

‘4.
For
waste” means:

the purpose of

this Directive “hazardous

— waste classified as hazardous waste featuring on the
Decision

Commission

established

list

by

For

the purposes of paragraph 1, point

‘2.
(a),
Commission Decision 2000/532/EC (*)
featuring the
list of waste belonging to the categories listed in
Annex I to this Directive shall apply. This list shall be
periodically reviewed and,
if necessary, revised. Those
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 18(4).

___________
(*) OJ L 226, 6.9.2000, p. 3.’;

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(ii) Article 17 shall be replaced by the following:

‘Article 17

The measures necessary for adapting the Annexes to
scientific and technical progress, designed to amend
non-essential
shall be
adopted in accordance with the regulatory procedure
with scrutiny referred to in Article 18(4).’;

this Directive,

elements of

Article 42

Entry into force

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

Article 43

Addressees

(iii) Article 18(4) shall be replaced by the following:

This Directive is addressed to the Member States.

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

apply, having

to (4)

Done at Strasbourg, 19 November 2008.

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

For the European Parliament
The President

H.-G. PÖTTERING

For the Council
The President

J.-P. JOUYET

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

D 5 Specially engineered landfill (e.g. placement into lined discrete cells which are capped and isolated from one

another and the environment, etc.)

D 6 Release into a water body except seas/oceans

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

D 8 Biological treatment not specified elsewhere in this Annex which results in final compounds or mixtures which are

discarded by means of any of the operations numbered D 1 to D 12

D 9 Physico-chemical treatment not specified elsewhere in this Annex which results in final compounds or mixtures
which are discarded by means of any of the operations numbered D 1 to D 12 (e.g. evaporation, drying,
calcination, etc.)

D 10 Incineration on land

D 11 Incineration at sea (*)

D 12 Permanent storage (e.g. emplacement of containers in a mine, etc.)

D 13 Blending or mixing prior to submission to any of the operations numbered D 1 to D 12 (**)

D 14 Repackaging prior to submission to any of the operations numbered D 1 to D 13

D 15 Storage pending any of the operations numbered D 1 to D 14 (excluding temporary storage, pending collection,

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

(*) 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 D1 to D12.

(***) 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

Solvent reclamation/regeneration

R 3

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

R 4

Recycling/reclamation of metals and metal compounds

R 5

Recycling/reclamation of other inorganic materials (***)

R 6

Regeneration of acids or bases

R 7

Recovery of components used for pollution abatement

R 8

Recovery of components from catalysts

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 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 R1 to R11.

(*****) 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
sensitive 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,
characteristic adverse effects are produced.

H 14

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

(*) As far as testing methods are available.

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H 15 Waste capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses any

of the characteristics listed above.

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, to Council
Directive 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 to 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.
(2) OJ L 200, 30.7.1999, p. 1.

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ANNEX IV

EXAMPLES OF WASTE PREVENTION MEASURES REFERRED TO IN ARTICLE 29

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

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

3. The development of effective and meaningful

indicators of

generation of waste aimed at contributing to the prevention of waste generation at all
comparisons at Community level through action by local authorities to national measures.

the environmental pressures associated with the
from product

levels,

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
enterprises and work through established business networks.

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

10. The promotion of creditable environmental management systems, including 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

consumers 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

consumers.

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 17

Article 18(1)

Article 3(1)

Article 3(5)

Article 3(6)

Article 3(9)

Article 3(19)

Article 3(15)

Article 3(10)

Article 7

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 4

Article 13

Article 36(1)

Article 16

—

Article 28

Article 15

Article 23

Article 23

Articles 24 and 25

Article 26

Article 34

Article 35

Article 14

Article 37

Article 38

Article 39(1)

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EN

Official Journal of the European Union

L 312/29

Directive 2006/12/EC

This Directive

—

Article 18(2)

Article 18(3)

Article 19

Article 20

Article 21

Article 22

Annex I

Annex IIA

Annex IIB

Article 39(2)

—

Article 39(3)

Article 40

—

Article 42

Article 43

—

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 11

Article 12

Article 13(1)

Article 3(18)

Articles 13 and 21

—

Article 13

Article 13

—

—

—

Articles 26 and 34

Article 23

Article 13

—

—

—

—

—

—

Article 18

Article 13

—

Articles 19, 21, 25, 34 and 35

—

Article 35

Article 34

L 312/30

EN

Official Journal of the European Union

22.11.2008

Directive 75/439/EEC

This Directive

Directive 91/689/EEC

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

Article 11

Article 12

Annexes I and II

Annex III

—

—

—

—

—

Article 37

—

—

—

—

—

—

—

—

This Directive

Articles 3(2) and 7

Article 20

Article 23

Article 18

Articles 24, 25 and 26

Article 34(1)

Article 35

Article 19(1)

Article 34(2)

Article 19(2)

Article 28

—

—

—

—

—

—

—

Annex III