CELEX: 51974PC1297
Language: en
Date: 1974-09-10
Title: Proposal for a COUNCIL DIRECTIVE on waste disposai (submitted to the Council by the Commission)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
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COM (74) 1297
Vol. 1974/0206
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 ---pagebreak--- COMMISSION OF THE EUROPBAN COMMJNIÏIES
                                              COM(74)1297 final
                                             Brussels . 10 September 1974
                                 Proposai for a
                                COUNCIL DIRECTIVE •
                                on waste disposai
                  ( submitted to the Council "by the Commission)
  C0M7/.) 1297 final
 ---pagebreak---                                                                   ERV/XI /120-3/74-E
            •  '•        "         5XPLMAT0RY Tf^OPJÏÏ7!)^
     I. INTRODUCTION
     This proposal for a Directive forms part of the Community 's action programme
     on the environment of 22 November 1973        . This programme stresses the priority
                                                                                       2)
     attached to waste disposal . Furthermore , under the agreement of 5 March 1973
     on information for the Commission and for1 the Member States with a view to
     possible harmonization throughout the Community of urgent measures concerning
     the protection of the environment , the French Government has forwarded to the
     Commission a preliminary draft latr on waste disposal and the recovery and
     recycling of materials . The Commission has informed the French Government of
     its intention to submit a proposal for a Directive on this subject to the
     Council within the : time limits set by the information agreement .
     Waste is one of the most harmful sources of pollution becau^ of the dangers
     it presents for both human health and the environment . Despite difficulties
    'arising mainly from the very varied nature of waste materials , organization
     and effective control of disposal is vital , particularly as the generation
     of residues is increasing rapidly in all industrialized countries .
     Given that considerable technical progress has been made in the treatment of
     raste , disposal has hitherto been regarded as essentially a local or regional
     problem. 'There can be no doubt , however , that a solution on a much larger
     scale will be required in view 6f the financial implications 'of rational -
; ' disposal for a large number of industrial activities . V          * -
     Faste disposal does not only mean a destruction process vrhich is not harmful
     to the air , irater and soils     effort must also be made to avoid wasting
     natural resources and this means encouraging the recovers' of residues and
     the use of the resultant materials .
     These are the main objectives of this Directive .
     ( 1 ) QJ C 112 of 20 December 1973
     ( 2 ) QJ C 9 of 15 Harch 1973
 ---pagebreak---                                                     - 2 -                            Erv/yj/i20 -3/74-ïï
   Several Member States in the ^ Community have already adopted legislation in
   this field or are preparing to do so .
   The German 'Law, of '7 June 1972 is the only outline , law. dealing solely with ..
   Waste disposal to have come into force . To preclude, any danger to the .en ­
   vironment f the law. requires regional, authorities .and private individuals to
   use special installations for the treatment , storage and removal of solid
X- waste * These' installations must conform to regional, waste disposal plans .
   The drawing up of plans is also an , import ant feature of the United Kingdom
   Bill regarding - the disposal of waste on land ; this Bill, is one part of an
   outline law on pollution control ^ under which disposal will alsq require ,
   authorization ,. This same obligation , although limited to the disposal of
   certain types of waste , is to be found in the draft French law on waste
   disposal and the recovery and recycling of■ materials . , It will further require
   local authorities to organize a disposal service for household refuse and
   other waste in their area } in return , users of the service, will , be required
   to pry charges .   ••      . ;•
   Belgium and the Netherlands have given priority to the disposal of dangerous
 • wastes Belgium has a law on - toxic waste and the Netherlands a law on chemical
   waste' an '. waste oils , ; This law , which is currently at the draft stage , bans
   the discharge and disposal of chemical waste on . or -into the soil unless
   specific authorization has been granted . It also provides for /the . payment ,,,
   of allowances to those disposing of the waste and the introduction of. charges .
   The Danish Law No . 372 of 13 June 1973 on the protection of the environment
   empowers' the environment protection . Minister to introduce regulations on
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                                       -3 -                    SRV/XI/120-3/74-E
  In the other Member States , although there are- often* special regulations
  on household refuse , it is the general laic for the protection of water , air
  and the soil that are applicable to waste . The disparities between these laws
  are likely' to produce financial burdiens which vaiy from one country , one     ■.
  sector 6r one firm to another throughout' the Community and create obstacles
  to the proper functioning of the Common . Market and distortions of competition .
- The "attached proposal for ■& Directive , which is based on Article 100 of the
  SEC Treaty , is intended therefore to approximate . legislation and thus provide
  a coherent set of measures applicable in all Member States . - •
  Before drawing up- this proposal , the Commission also consulted a Working
  Pp-rty of national experts whose task , it was to study the problems involved
  in waste disposal . This Working Party met tvrice .
  In addition , the Commission has had serveral meetings with- the Working Party
  on toxic i-raste and intends to submit to the , Council a proposal for a Directive
  on this subject in the near future ►
  Pending this proposal , it is quite clear that Member States may , : while still
  respecting - the obligations arising from the attached Directive j . adopt more
  stringent measures concerning any waste TThich is considered to be parti-. ■
  cularly dangerous or difficult to treat . ■
 ---pagebreak---                                                                                EMv/n/i20-3/74-^
      II . COMMEHTS OH SF5CIFTC ARTICLES
   . Article 1                                  :                                            ;■ -       r...
      The definition of " waste" gives ;th,e directive the widest possible field of
     .application sind should at the same time preclude conflicting interpretations .
  . For this reason , the definition includes , a subjective and, an objective element
     which are reflected in the terms " wishes to dispose of" and " is obliged to
      dispose of% The subjective element reflects the idea- that vraste is movable
.. property which has no value for the hoIdep. at the , time he disposes of it .
      Only movable property is covered by this definition ?., consequently , immovable
      property is , by its very nature or purpose , excluded . The holder is determined
                                /
      in accordance with national law.. To avoid any loopholes , abandoned objects
     must - be- mentioned , ; i.e * , property without an pvner . ■ '                       ,
                                           "' r     v v ••      w • ..•« • - ; / / . •              • •
      Paragraph 2 describes the various stages of waste disposal , the first being
 . collection and transport . The term " treatment" means for example reduction ,
 ^éliminât ion of ioxio substances , .décomposition or even incinération# ...
                                                      . -■  * i-                 •     ■; •       ■   -1 ■
     The difference between dumping and storage is as follows : when waste is dumped
i the indention is to be rid of, it 6nce and for. all j with storage , on the other
     hand , the waste ia held provisionally for , subsequent re-use or disposal by some
      other, means .. ;iThe <proteotion of water and air against the harmful effects of
     waste dumping and storage remains under the control of laws relating,
      respectively , to the protection of water said air against pollution .
      Article 2
      This Article excludes from the field of application of the Directive those
      forms of waste whose environmentally safe disposal is , for the most part ,
      already governed by speoific provisions .
 ---pagebreak---                                         - 5 -               SfTV/Xl/l20-3/74-E
Article 3
The organization of waste disposal i\Till involve fairly tight constraints on
all persons operating in the field . The first priority objective is to eliminate
all danger to human health . In addition , the requirements with whicbL waste
disposal must comply must be wide-ranging and strict . Apart from the adverse
effects likely tr» be caused to the air , water and soil , protection of nature
and the countryside must ?„lso be borne in mind . The objectives set out under .
Article 3 are given concrete expression in the various provisions of the .
directive .
Article 4
The recovery and re-use of waste is , together with the protection of health
and the environment , one ; of the Central features of modem legislation on
vaste disposai » .    ■                                                      /
                                 '                • • *
Article 5
This provision guarantees that each country will create the conditions needed
for the organization of the various stages of waste disposal , whilst leaving
Member . States the .widest possible field of action *
Article 6
The issue of £ permit to firms which treat , store or dump waste on behalf
of third parties certifies that these firms possess the necessary facilities
and at the same time creates the basis for subsequent controls .
The obligation incumbent on th'; holder of waste to dispose of it himself
without harm to the environment or to have it handled by a disposal firm
reglects the " polluter pays" principle in its widest sense . By not making
waste disposal the sole responsibility of public authorities , this Article
leaves Member States free to organize disposal either within a market economy
context or by recourse to a public service .
 ---pagebreak---                                        - 6 -          *      ENV/XI /120-V74-S
  Article 8
  The inspections laid down are vital to the proper working ..of a permit system .
  Article 9
                         ■»  '
  The obligation to supervise w?,ste collection firms and those who dispose of
  their own waste 'completes the general system .       '
  Article 10           i
  Besides the traditional instruments such as prohibitions and permits , the
  establishment of waste disposal plans seems increasingly to be one of the
  means of attaining an environment protection policy . This Article simply
  introduces an obligation for national authorities' to draw up a plan . The
  plan is. not legally bending on persons required to clispose of waste or on
  other persons affected . Nevertheless , each plan must include , in particular ,
  sections dealing with wastes which are especially dangerous or difficult to
  dispose of and suitable disposal sites .
  Article 11
  The participation of the holders of " raste m the cost of its disposal in
  cases where the collection or disposal firm is unable to cover these costs
.'by up-grading the waste is in keeping with the " polluter pays" , principle .
  The final holder of the waste is reckoned to be the polluter . This provides
  a practicable solution which,' at the same time , encourages the up-grading of
  waste and guarantees a supply of raw materials . •
 ---pagebreak---                                      - 7 -                EHV/XI /120-3/74-E
Articles 12 and 13
To prevent national regulations on the sale or distribution of specific
products and the recovery  or re-use of residues from affecting the proper
functioning of the Common Market , it is vital that any draft regulations "be
communicated to the Commission ,
 ---pagebreak---                                                              EMV/n/l20-3/74-E
                            PROPOSAL FOR A DIRECTIVE
                                OH MASTS DISPOSAL
THE COUNCIL OF1 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 waste disposal differs from one
Member State to another j whereas these differences constitute barriers to
trade within the Community and thereby directly affect the functioning of
the Common Market }                           .     1
WHEREAS all provisions relating to waste disposal should have as one of their
essential objectives the protection of human health and the environment
against the harmful effects caused by the collection , transport , treatment ,
storage and dumping of waste 5
     i                              '
WHEREAS it is essential to promorte the    recovery   of waste and the use of
recovered materials in order to conserve natural resources !
WHEREAS the programme of action of the European Communities on the environment
approved jointly by the Council of the European Communities and the represen­
tatives of the governments of the Member States meeting in the Council in the
declaration of 22 November 1973       stresses the need for Community action
including the harmonization of legislations
( 1 ) OJ No C 112 of 20 December 1973
 ---pagebreak---                                        - 9 -               ENV/XI/120-4/74-E
 WHEREAS effective and consistent - regulations on waste disposal which do not
 create barriers to intra-Conmvtfiity- trade nor affect conditions of competition
 should "be applied to movable property which the owner wi she s or is obliged
 to get rid of and to property which has been abandoned , with the exception ;
 of radioactive and agricultural waste , waste rock from mines and waste oils ,
which will be subject to special rules .
!'JHEREAS , in order to ensure the protection of the environment , such regu­
 lations should provide a system of permits for undertakings which1 carry out
 the treatment , storage or dumping of waste on behalf' of third parties , a
 system of supervision for undertakings which dispose of their waste them­
 selves and which collect other people 's waste and a plan embracing the
essential factors to be considered at the various stages of waste disposal !
 vJHERSAS the holders of waste must be required , in application of the
11 polluter pays" principle , to bear that part of the disposal cost not
covered by waste up--grcdingf '                                               .•
HAS ADOPTED THIS DIRECTIVE :
 ---pagebreak---                                          _ r |0 T                MV/n/l20~3/74-S
                         v             ...                             .
                               PROPOSAL FOR A DIRECTIVA
                . . ■         „ - OIT WASTE DI SPOSAL
     •T   ,             -                                                      /
  Article 1                ■                                 .
  For the purposes of this Directive the term '
  - " waste" shall be taken to mean any residue from a production or utilization
    . process and more generally any movable property which the owner wishes or
       is obliged to dispose of or which has been abandoned j
       " disposal" shall be taken to mean the collection , transport and treatment
1      of waste as well as storage and dumping on or in the soil .
  Article 2 . ■
  The following are excluded from the field of application of this Directives
  ( a) radioactive waste :                                     •
  (b ) waste from the prospecting for and the extraction , processing and storage
          of mineral resources and the working of quarries ;
  ( c ) the following agricultural waste t carcasses , fecal matter and other
          substances used in agricultural practice ?
  (d ) waste oils covered by Directive . . .
 Article 3
 Member States shall take the necessary measures to dispose of waste
  - without endangering human health ;
  - without risk to water , air and soilj
  - without interfering with beauty spots and the countryside .
  Article 4
 Member States shall take the necessary measures to encourage waste recycling
  and salvage .
 ---pagebreak---                                      - 11 -                ΕΝΥ/ΧΙ/120-3/74-Ξ
Article 5
lieinter States shall establish or appoint the competent authority ( or
authorities ) to be responsible , in a given area, for the planning , organi­
zation , authorization and supervision of waste disposal operations .
Article b                 '*
Any undertaking involved in the treatment , storage or dumping of waste on
behalf of third parties must obtain permit from the competent administrations
this will be subject to conditions which stipulate in particularj
( a ) type and quantity of waste ta be treated }             •
(b ) methods to be used ;
(c ) précautions to be takenj
(d ) that a register be kept of information on the undertaking 's activities .
Member States shall trice the necessary measures to ensure that the holder -
of waste has it handled by a private or public, vaste collector or . an under­
taking refeared to in Article 6 or himself ensures its disposal in accordance
          \                   *                        *                         -
with the principles laid down in Article 3 •
Article 8
The undertakings referred to in Article 6 shall be periodically inspected by
the competent authority to ensure , in particular , that the conditions of:
the permit are being observed .
Article 9 . ....                 .>              ,              .• »,         ..
Undertakings which dispose of their own 'waste and which collect waste shall
be subject to supervision by the competent authority .
 ---pagebreak---                                                                  12 -        ,,                EMV/:[I/120-3/74-B
Article 10                                                                                                                 "r v 0
The pompetent authority shall be required to draw up a plaii'vrhichj cmongother'
things , covers t .            ''                                ' ' /"".. 7,.,.      : ' ''          '•               ' •
 (a) type and quantity of waste to "be disposed of in its area* with a mention " '
        in every case of those types of waste considered to "be sprecially dangerous
      , or difficult to treat ;               . :                                      f     ,
 (b )- persons entitled to .carry put this disposal *;..-/.                                               r;       ■
 »  \     . .          '1! i      ^                                  '       i                               t '     •
( c ) methods of disposal end their cost j .
(d ) disposai sites and suitable équipment . v. /' y                                                                         ;
Article 11
The holder /who has waste handled by a waste collector or an undertaking
referred' to in Article 6 must bear that part of the disposal cost which the
collector or undertaking is unable to cover by up-grading the said waste »
                                                                                                                           •   . .1 .. > /'
Artide 12           ;                                 •• > ' .' V.               • :ì  •                                                 ■■
The Member States shall inform the' Commission in good time of any draft "
                             •' 1   , . ' ; '    * •'    _   --i   .     ' '             :           _ 'i
regulations concerning the sale and distribution , of products which', by their :
nature , composition , volume or quantity,' might be a source of technical
difficulty or lead to excessive disposal costs or even constitute a barrier
to the recovery       and recycling of residues .                                                                -
Article 13
Member States shall inform the Commission in good time of any draft regulations
designed to encourage the recovery of materials and the use of recovered
materials for specific manufactures and to restrict the use of specific naAvtriil
resources in applications where they can be replaced by recovered ; materials . > .
 ---pagebreak---                                     - 13 -                EMV/XI/l20-3/ 74-E
Article 14
Each Member State shall , at two-yearly intervals , draw up a report on waste
disposal in its territory and shall forward it to the Commission who will
then circulate it to the other Member States .
Article 15
Member States shall put into force the measures needed to comply with this
Directive within 18 months of '.ts notification and shall forthwith info mi
the Commission thereof .
Article 16
Member States shall ensure that the provisions of national lav? which they
adopt in the field covered by this Directive are communicated to the Commission .
Article 17
This Directive is ad-dressed to the Member States .