OF THE OPERATOR OR THE FREQUENCY OR PURPOSE OF THE ACTIVITIES CONCERNED .
9 THE ESSENTIAL OBJECTIVE OF THE DIRECTIVE, SPECIFIED IN THE THIRD RECITAL IN THE PREAMBLE THERETO AND IN ARTICLE 4, NAMELY THE PROTECTION OF HUMAN HEALTH AND THE ENVIRONMENT, WOULD IN ANY EVENT BE ENDANGERED IF THE APPLICATION OF MEASURES FOR THE CONTROL AND SUPERVISION OF SUCH ACTIVITIES WERE TO BE CONDITIONAL UPON DISTINCTIONS BASED ON CRITERIA SUCH AS THE COMPANY OBJECTS OF THE UNDERTAKING, WHETHER THE DISPOSAL OF WASTE IS A MAIN OR SUBSIDIARY ACTIVITY OR THE FORESEEABLE IMPACT ON THE ENVIRONMENT .
10 IT MUST THEREFORE BE STATED IN REPLY TO THE FIRST QUESTION THAT ANY OPERATOR ENGAGING IN ANY OF THE ACTIVITIES REFERRED TO IN ARTICLES 8 TO 12 OF DIRECTIVE 75/442 IS SUBJECT TO THE MEASURES PROVIDED FOR IN THOSE PROVISIONS .
THE SECOND QUESTION
11 THE SECOND QUESTION CONCERNS THE ROLE AND THE POSITION OF THE OWNER OR OCCUPIER OF THE LAND ON WHICH THE WASTE IS TIPPED IN RELATION TO THE REQUIREMENT OF A PERMIT UNDER ARTICLE 8 OF THE DIRECTIVE .
12 IT SHOULD BE NOTED THAT THE CONSENT OF THE OWNER OR OCCUPIER OF THE LAND WHERE WASTE IS TIPPED CANNOT BE SUBSTITUTED FOR THE PERMIT TO BE ISSUED BY A COMPETENT AUTHORITY DESIGNATED BY THE MEMBER STATE IN ACCORDANCE WITH ARTICLE 5 OF THE DIRECTIVE . IT IS CLEAR FROM THE VERY TERMS OF ARTICLE 8 THAT "ANY INSTALLATION OR UNDERTAKING TREATING, STORING OR TIPPING WASTE ON BEHALF OF THIRD PARTIES MUST OBTAIN A PERMIT FROM THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 5 ".
13 AS REGARDS THE QUESTION WHETHER AN OWNER OR OCCUPIER OF LAND IS OBLIGED TO HOLD A PERMIT IN VIEW OF THE FACT THAT HE BECOMES THE OWNER OF THE WASTE TIPPED ON HIS LAND, IT IS APPARENT FROM THE AFOREMENTIONED ARTICLE 8 THAT THE REQUIREMENT TO HOLD A PERMIT APPLIES ONLY TO AN UNDERTAKING OPERATING ON BEHALF OF THIRD PARTIES . PERSONS WHO DISPOSE OF THEIR OWN WASTE ARE SUBJECT ONLY TO "SUPERVISION BY THE COMPETENT AUTHORITY REFERRED TO IN ARTICLE 5" ( ARTICLE 10 OF THE DIRECTIVE ); HOWEVER, THE "NECESSARY MEASURES" TO BE TAKEN BY THE MEMBER STATES UNDER ARTICLE 4 OF THE DIRECTIVE MAY INCLUDE IMPOSING UPON SUCH PERSONS THE OBLIGATION TO OBTAIN A PERMIT .
14 IT MUST THEREFORE BE STATED IN REPLY TO THE SECOND QUESTION THAT THE PERMIT PROVIDED FOR IN ARTICLE 8 OF DIRECTIVE 75/442 IS ISSUED BY THE COMPETENT AUTHORITY ESTABLISHED OR DESIGNATED BY THE MEMBER STATES PURSUANT TO ARTICLE 5 OF THE DIRECTIVE AND CANNOT BE REPLACED BY THE CONSENT OF THE OWNER OR OCCUPIER OF THE LAND WHERE THE WASTE IS DISCHARGED; AN OWNER OR OCCUPIER OF LAND, AS AN OPERATOR TIPPING HIS OWN WASTE ON THAT LAND, DOES NOT NEED A PERMIT UNDER ARTICLE 8 OF THE DIRECTIVE BUT A MEASURE SUBJECTING HIM TO SUCH A REQUIREMENT MAY BE ADOPTED AS ONE OF THE NECESSARY MEASURES TO BE TAKEN BY THE