CELEX: 51974PC0334
Language: en
Date: 1974-03-20
Title: PROPOSAL FOR A DIRECTIVE ON THE DISPOSAL OF WASTE OILS (submitted to the Council by the Commission)

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COM (74) 334
Vol. 1974/0059
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 ---pagebreak--- COMMISSION OF THE SUROfSAN COMMUNITÏES
                                                 COM(74)334   Final
                           1
                                                 Brussels , 20 March 1974
                                 PROPOSAL FOR A
                   DIRECTIVE ON THE DISPOSAL OF WASTE OILS
                ( submitted. to the Council by the Commission )
   COr(74 ) 334 Finei
 ---pagebreak---                                                            ElW/XI/657/7'+-E
                            EXPLANATORY MFMORANDUM
I. Introduction
   This draft directive forms part of the Communities' action programme
   for the protection of the environment of November 22nd , 1973 ( c.f .
   0 # J. No . C 112 , December 20th , 1973 )* This programme stresses the priority-
   attached to the disposal of waste cils . In accordance with the Informa­
   tion Agreement of 5th March , 1973 concerning the possible harmonization
   of urgent measures related to the protection of the environment throughout
   the Community*) , moreover, the French and Dutch governments sent the Com­
   mission legislative proposals relating , inter alia ,       to the disposal
   of waste oils . The Commission informed the French and Dutch governments
   of its intention to submit a draft directive on this subject to Council
   within the timetable fixed by the Information Agreement .
   The pollution of soil and water by waste oils poses a problem which has
   become acute due to growing industrialization , urbanization , and the
   continued development of transport facilities . In addition , certain treat­
   ments of waste oils create new sources of pollution , especially air pollu­
   tion .
   There has been a steady increase in the quantity of waste oils and in
   particular of emulsions , a large part of which are disposed of without
   controls ( c.f . annex ).
   The extent and urgency of the problem is underlined by the fact that
   sometimes as much as 20 - 60% of all waste oils are disposed of without
   any control in some Member States ; the resulting water pollution would
   account for approximately 20$ of all industrial pollution according to
   some estimates .
   Thus one of the main objectives of this draft directive is to ensure
   effective protection of water , air and soil against the harmful effects
   caused by the discharge , deposit and treatment of these oils .
   *) O.J. C 9 , Karch l^th , 1973-
 ---pagebreak---                                   - 2 -                ENV/Xl/657/71+-E
It should also be noted that recycling of waste oils whether as lubn-
ficants or as a source of energy is very worthwhile economically . Thus
Article 2 of the directive is in favour of it and against their destruc­
tion .
Moreover , the national legislation and regulations in force throughout
the Community relating to this matter leave certain lacunate which are
harmful to the environment .
Finally , there are basic differences to be found amongst the existing or pro
posed national provisions relating to the field of covered by this proposal .
In Germany and Denmark , there is very detailed and complete legislation
which provides for a system of collection and finance , thus ensuring the
safe disposal of waste oils . In the Federal Republic of Germany , by the
law of December 23rd , 1968 , laying down the measures to ensure the disposal
of waste oils ( Gesetz Uber Kafinahmen zur Sicherung der Altolbeseitigung )
a fundhas been created , intended to cover the costs which are not covered ,
during the waste oil disposal operations , Thrs fund is financed' by a charge
levied when lubricants are delivered for consumption . In the Netherlands
a draft lav; on chemical wastes and waste oils would set up a comprehensive s
comparable to that which already exists in the Federal Republic of Germany
(a system of collection and disposal with charges and indemnities to cover
uncovered wastes ). In Great Britain , legislation controls disposal of pollu­
ting wastes , and in particular of waste oils . In France there is a draft
decree which would regulate the discharge of lubricants or oil . In France
and in Italy , recycled oils are taxed at a lower rate in order to ensure
the safe . disposal of waste oils and to encourage their reuse . In the other
countries there is neither legislation nor proposed legislation specifically
concerned with waste oils , but in certain cases , general legislation pro­
tects water and air' against pollution.'
 ---pagebreak---                                  - 3 -                  EOT/Xl/657/7 if-E
These differences may lead to financial charges differing from one Member
State , from one sector , from one firm , to another within the Community ,
and thus could create barriers to. the proper functionning gf the common
market and distort competition .
The draft directive which follows , based on article 100 of the Treaty of
the EEC , is intended to harmonize legislation , and to thus create a coherent
system of legal provisions applicable in all Member States .
The Commission has also consulted , before drafting the present proposal , a
working group of national experts whose task was to study the problems
posed by the disposal of waste - oils . This group met four times .
 ---pagebreak---                                   - h. -               EHV/XI/ 657/7**-$
COMMENTS ON S PBCIF IC ARTICLES
Article 1
 The definition selected for waste    oils is intended to make the directive 's
 field of application as wide as possible , but also to avoid too large
differences of interpretation . Emulsions and certain residues are expressly
mentioned because their disposal poses special technical and economic
problems .
Article 2
Regeneration and combustion of waste oils are the methods of disposal
least harmful to the environment . Thus their use should be encouraged as
much as possible . The simple destruction of waste oils no longer seems
to be allowed .
article 3
In order to achieve the disposal of waste oils without damage to the environ­
ment , considerable restrictions must be created up to and including the proh.'
bition of any discharge and deposit , in order to protect internal and costal
waters , soil and air .
Article k
It is essential that the Member States ensure,, by appropriate means , the
collection and disposal of waste oils .
Article 5
In order to guarantee that the collection and disposal of waste oils is
in fact made , one or several firms , properly authorized , can under certain
conditions be required to carry out these operatiora It is , in fact , one
result of the particular technical and economic problems associated with
the collection and/or the disposal of waste oils , that these operations
are not always economically viable . To deal with these cases , a duty to
collect is provided .
Tfco actual form which the compulsory collection and disposal of waste oils
t is shall be left to the competent authorities to determine ; if need be ,
V. ay can set up zones within which a duty to collect comes into effect .
Since the duty to collect is needed only to solve certain special cases
 ---pagebreak---                                  - 5 -                 EITV/XI/657/7t–E
it is not necessary to create a corresponding right for the holders to
have their products collected .
Article 6
The granting of an authorization shall certify that the firms which are
involved in the collection and/or elimination of waste oils have the appro­
priate facilities .
Articles 7 , o , 9 , 10
These articles complete the set of provisions concerning the acts prohibited
in law and the disposal system .
Articles 11 , 12
The control mechanisms provided are necessary in order to give      • effect
to the prohibitions and the disposal system .
Article 13
The collection and disposal of waste oils can in general be done without
the intervention of the State .
This hypothesis is valid only when- the firms which collect or dispose of
waste oils -can make a profit or at least cover their costs . Since" in parti­
cular circumstances this is not. possible and since certain firms may be
required to carry out these operations , compensation for services rendered
is provided .
In order to avoid too wide a discretionary margin in granting these indem­
nities to the firms , sufficiently precise and flexible criteria have been
set up , which can respond to particular circumstances . The compensation will
be determined according to costs which are not covered , but in fact occuring
allowing for a reasonable profit margin . Measures of fiscal nature ( eg . tax
exemptions ) would not allow for variations in compensation according to the
region or firm and are therefore excluded .
 ---pagebreak---                                          - 6 -              EKV/ XI/65?/ 74-jS
      Article l4
      Only the creation of a charge imposed on the delivery for, consumption of
      new or re-refined products allows for application of the pollutor' pays
      principle . in this matter .. ■'                - ; :
      Delivery for consumption can be defined as , when the product in question
      leaves thB producing firm in order to be sold or used , when it is used
      within such an establishment , or when it is imported.. . .       . ~.
III . CONSULTATION WITH THE EUROPEAN PARLIAMENT AND THE ECONOMIC AND SOCIAL
      COMMITTEE .     ,            ... .                                   . . .
      The opinion of these two institutions ,; pursuant to article 100 paragraph 2 ,
      is required .                            - -
 ---pagebreak---                                              - 7 -                   ENV/XI/657/74-E
                                         A N N E X
                                           TABLE
  An approximate estimate of quantities of lubricating oils consumed , total
  amd per capita , of quantities of used and waste oils which are disposed
  without controls , in total and in percentages for each Member State . The
  figures are for 1972 and measured in 1000 tons .
                   iConsumption         Nuraber of      Consump-   Quantity Id . as a   Quantity
                     of lubricating inhabitants tion by            of waste propor * -   dispose ]
                        oils                 in         inhabitant    oil   tion of     without
                  I
                  I                       millions      in l/a              the total control ;;
  i               i       2                  3               4          5         6           7
                   r
Germany
                  ii    o
                  jI 1081
                                   !i!      58.6
                                                   i
                                                   !      18.5       520        48         57+
                                     i             i
                  1
France           ! - 834            I|      48.9   i      17         458        55        120
                  I
Italy        .    j 548             !j   ■ 51.6      ! 10.5          275        50        134
{Jnited Kingdom    I 1295           j       52.3          25         650        50         85
Ireland           '     35         iI        4.4     I
                                                     i
                                                             8        17.5      50
                   1
Denmark          j      90                   4.8     i    19          45        50
                                                     1
                        9
Belgium                                      9.5          <7          9
                                                                                1
                                                                                           ?
Luxemburg        jl
                        11.3                 0.3     ;    37.5          0.6     50           0.6
Netherlands            209            ;     12.3      i   16.5       105        50         45
                                      »
                                                                    ______
                                     l
                                      \
Total :               ^103.3          I                                                   441.6
                                     !                                                 i
  The percentage of recovery is therefore about 50 % \               according to information
  received , only about 1 million tons of waste oils is actually recycledj thus
  1 million tons is lost          as energy or as lubricants , with obvious consequen­
  ces for the environment and for a comprehensive fuel supply policy .
  + )■ These figures are only valid for 1971 .
 ---pagebreak---                        DRAFT COUNCIL DIRECTIVE
                                                                         4|i\
                   OH THE DISPOSAL OF WASTE OILS
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
HAVING REGARD to the Treaty establishing the European Economic Community
and in particular article 100 thereof ,
HAVING REGARD to the proposal from the Commission ,
HAVING REGARD to the Opinion of the European Parliament ,
HAVING REGARD to the Opinion of the Economic and Social Committee ,
WHEREAS national legislation concerning the treatment , discharge , deposi
and collection of waste oils differs from one Member State to another ,
and that these differences constitute barriers to trade within theCommu
nity and thereby directly affect £he functionning of the Comraun Market ;
WHEREAS all provisions relating to the disposal of waste oils should hai
as one of their essential objectives , the protection of the environment
against the harmful effects caused by the discharge , deposit and treat­
ment of these oils ;
WHEREAS the reuse of waste oils can make a large contribution to energy
supply policy ;
WHEREAS the Community 's action programme for the protection of the enviro
ment approved jointly by the Council of the European Communities ancl the
representatives of the governments of the Member States meeting in the
Council in the declaration of November 22nd , 1973+^ underlines the im­
portance of the problem of the disposal of waste oils without harmful
effects upon the environment ;
+) O.Jt C 112 , 20/12/1973.
 ---pagebreak---                                 - 9 -                ENV/Xl/657/7^-E
WHEREAS the quantity of waste oils and in particular of emulsions has
continued to grow rapidly in all Member States ;
WHEREAS a efficient and coherent system of treatment for waste oils ,
which will neither create barriers to intercommunity trade nor affect
competition , should apply to all products , even those which are composed
only in part of oil and should provide for their safe treatment under
economically feasible conditions ;
WHEREAS such system should regulate the treatment , discharge , deposit
and collection of waste oils and provide a procedure for the authorization
of firms which collect or dispose of these oils and     • also under cer­
tain circumstances set up a compulsory system for collection and dis­
posal of these oils and create accordingly suitable inspection procedures ;
WHEREAS in those cases where certain firms will be required to collect
and dispose of these oils , that part of their costs arising from these
activities not covered by their revenues , should be compensated for by
indemnities , the latter being financed by a charge on new or re-refined
oils :
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---        ,   •                     - 10 -               Em/XI/S57/7^
                                                                         \
 Article 1      - .
For the purpose of the application of this directive , the terra "waste
 oils " shall be taken to mean any semi-solid or liquid used product to­
 tally or partially composed of mineral or synthetic oils , including the
oily residues from cisterns and emulsions .               ,
Articlè 2
The Member States shallt take all possible measures to ensure that the
disposal of waste oils shall be carried out by recycling ( regeneration
and/or combustion ).
Article 3
The Member States shall take all necessary measures to ensure the prohi­
bition of
1 . the discharge of waste oils into internal surface waters , underground
    water , coastal waters and canals j
2 . the deposit and discharge of waste oils which has harmful effects on
    the soil , and any uncontrolled discharge of residues which result from
    the processing of waste oils ;
3 . any processing of waste oils causing air pollution which exceeds the
    minimum compatible with the state of the art .                   • "
    î'   t
Article k
The Member States 6hall take all necessary measures to ensure the collection
and safe disposal ■ of wast^oils .
Article 5
The Member States shall take all necessary measures to ensure that , in
the case where these operations are not profitable , one or several enter­
prises referred to in the following article shall carry out the collection
ar.d/or disposal of the products offered to them by the holders in the zone wh
ij assigned to them by the competent authorities .
 ---pagebreak---                                  - 11 -               ENV/XI/657/7^-E
Article 6
Any firm which collects and/or disposes of waste oils must obtain a per­
mit to do so } this will be granted after examination of installations and
will impose conditions required by the existing level of the state of the
art .
Article 7
Whosoever has a supply of waste oils which he cannot eliminate himself
pursuant to the provisions laid down according to articles 2 and 3 must
keep it at the disposal of the firm or firms referred to in article 5 *
Article 3
The holders of waste oils containing impurities, which are in excess of a
certain percentage fixed by the competent authorities according to the
category and volume of the product , must stock them seperately .
Article 9
The firms which collect and/or dispose of waste oils must do so in such a
way that there will be no avoidable risk to water , air ar soil .
Article 10
Any firm which holds , collects and/or disposes of a quantity of more than
200 litres of waste oils a year must keep a record of their quantity ,
quality , origin and location , and also of their assignment and receipt ,
recording the dates of the last two transactions .
Article 11
Any firm which disposes of waste oils must forward to the competent autho­
rities , on request , any information concerning such disposals or on the
deposit of waste oils or residues thereof .
 ---pagebreak---                                  - 12 -                ENV/XI/657/7^E
Article 12
The firms referred to in article 6 which hold or dispose of waste oils
shall be regularly inspected by the competent authorities , particularly
as regards their compliance with the conditions of their authorization .
Article 13
The Member States will grant to all firms which , pursuant to article
have an obligation to collect and/or dispose of waste oils , a nonfiscal
indemnity , which shall represent a payment for services rendered . .
This indemnity should not exceed what is necessary to offset the annual
costs to each firm which are not covered and are incurred in fact , and
to assure them a reasonable profit margin .
The amount of costs to be considered in the calculation of the indemnity ,
should not exceed the average costs of all firms engaged in the same acti­
vities , under similar conditions , in the Member State under consideration .
Article l'f
The indemnities will be financed by a charge , imposed at the time of the
delivery for consumption of products    which after use are transformed into
waste oils .
Article 15
The Member States will regularly convey to the Commission information con­
cerning their technical expertise and the results deriving from the appli­
cation of the provisions pursuant to this directive .
The Commission shall send a summary of all information received to the
other Member States .
Article 16
Every three years the Member States shall draw up a report on the situation
relating to the disposal of waste oils in their respective countries . These
r^rorts will be sent to the Commission .
 ---pagebreak---                                 - 13 -                ΕΝν/ΧΙ/657/7^-Ε
Article 17
Member States shall put into force the measures needed xn order to comply
with this directive within eighteen months of its notification , and shall
forthwith inform the Commission thereof .
Article 18
The provisions adopted by the Member States pursuant to this directive can
be progressively applied to the firms referred to in article 6 , existing
at the time of the directive 's adoption , within three years of the noti­
fication referred to in article 17 .
Article 19
Member States shall ensure that the texts of the national laws and provi­
sions which they adopt in relation to this directive shall be communicated
to the Commission .
Article 20
This directive is addressed to the Member States .
                                     Dg** at