CELEX: 51982PC0892
Language: en
Date: 1983-01-10
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON THE SUPERVISION AND CONTROL OF TRANSFRONTIER SHIPMENT OF HAZARDOUS WASTES WITHIN THE EUROPEAN COMMUNITY

25.2.83                              Official Journal of the European Communities                             N o C 53/3
                                                              II
                                                       (Preparatory Acts)
                                                  COMMISSION
                  Proposal for a Council Directive on the supervision and control of transfrontier shipment
                                     of hazardous wastes within the European Community
                                (Submitted by the Commission to the Council on 17 January 1983)
 THE COUNCIL OF THE EUROPEAN                                        implementation of these action programmes, but have
 COMMUNITIES,                                                       not yet regulated the supervision and control of the
                                                                    transfrontier shipments of hazardous wastes;
 Having regard to the Treaty establishing the
 European Economic Community, and in particular
 Article 100 thereof,                                              Whereas the essential objective of all provisions
                                                                   relating to the disposal of hazardous waste must be
                                                                   the protection of human health and the safeguarding
 Having regard to the proposal from the Commission,
                                                                   of the environment against the harmful effects of such
                                                                   waste;
 Having regard to the opinion of the European
 Parliament,
 Having regard to the opinion of the Economic and                  Whereas an efficient and coherent system of
 Social Committee,                                                 supervision and control of the transfrontier shipment
                                                                   of hazardous waste should neither create barriers to
                                                                   intra-Community trade nor affect competition;
 Whereas any disparity between the provisions on
 disposal of hazardous waste already applicable or in
 preparation in the various Member States may create
 unequal conditions of competition and thus directly               Whereas the transfrontier shipment of hazardous
 affect the functioning of the common market;                     waste is increasing because of a lack of appropriate
 whereas there are in particular disparities between the           local treatment and disposal capacity, and in some
 procedures applying to the supervision and control of             cases in order to avoid compliance with more
 the transfrontier shipment of hazardous waste within              stringent regulations; whereas, since this increase in
 the Community; whereas it is therefore necessary to               long-distance transport results in increased risk, it
 approximate laws in this field, as provided for in                must be ensured that within the single economic area
 Article 100 of the Treaty;                                       constituted by the common market the supervision
                                                                  and monitoring of these wastes from the moment of
                                                                  their arising until their treatment or ultimate safe
 Whereas the 1973 (*) and 1977 (2) programmes of
                                                                  disposal is continued across national frontiers;
 action of the European Communities on the
 environment stress the need for Community action in
 order to control the disposal of hazardous waste;                Whereas this requires notification of transfrontier
                                                                  shipment of hazardous wastes and a common uniform
 Whereas Council Directives 75/439/EEC on the                     consignment note;
 disposal of waste oils (3), 75/442/EEC on wastes (4),
 76/403/EEC on the disposal of polychlorinated
 biphenyls and polychlorinated terphenyls (*) and                 Whereas in order to ensure effective protection of
 78/319/EEC on toxic and dangerous waste (') have                 human life and the environment against the high risks
 already laid down certain provisions for the                     from transport of hazardous waste, persons or under-
                                                                  takings     operating    transfrontier  shipments    of
                                                                  hazardous wastes should be obliged to have a licence
                                                                  covering the shipment of such wastes;
(*) OJ No C 112, 20. 12. 1973, p. 3.
f)  OJ No C 139, 13. 6. 1977, p. 3.
O   OJ No L 194, 25. 7. 1975.                                     Whereas adequate insurance cover must be taken out
(4) OJ No L 194, 25. 7. 1975.                                     in order to ensure compensation for damage which
O   OJ No L 108, 26. 4. 1976.                                     may occur during transfrontier shipments of
(*) O J N o L 8 4 , 31.3. 1978.                                   hazardous wastes;
                                                                                                       /
 ---pagebreak--- No C 53/4                           Official Journal of the European Communities                             25. 2. 83
Whereas hazardous waste should be packed bearing             declaration from the waste disposer, the treatment
appropriate labelling indicating in particular the           centre or the licensed user in the country of
nature, composition and origin of the waste; whereas         destination     or a copy of           the   contractual
safety instructions to be followed in the event of           arrangements, that sufficient and technically adequate
hazards and accidents should accompany the trans-            capacity and proper contractual arrangements exist
frontier shipment of hazardous wastes in order to            for the environmentally safe treatment, use, storage
protect man and the environment against dangers              or final disposal of the waste in question.
which could arise during the shipment;
Whereas in order to ensure that hazardous waste              3.     General notification may be given for a specified
does not present unnecessary risk it should be               period if there are continuous shipments of the same
properly packaged;                                           kind of wastes to the same disposal or treatment
                                                             facility or to the same licensed user in the country of
Whereas the contractual arrangements should be               destination.
communicated to the competent authorities together
with the notification;                                       The competent authorities of the country of
                                                             destination may for such general notification require
Whereas Member States may give effect to the                 specific information to be made available such as
requirements of this Directive in accordance with any        precise quantities or periodical listing of the types of
obligations which they may have contracted under             waste to be shipped.
international conventions on the transport of
dangerous goods,
                                                             4.     The notification shall be made on the form, a
                                                             specimen of which is given in Annex I.
HAS ADOPTED THIS DIRECTIVE:
                                                                                      Article 4
                                                             1.    The transfrontier shipment may not be executed
                        Article 1
                                                             before receipt of acknowledgement of the notification
 Member States shall, in accordance with the                 by the competent authorities of the country of
provisions of this Directive, take the necessary             destination.
 measures for the supervision and control with respect
to the protection of the environment of the trans-           The acknowledgement shall be furnished not later
 frontier shipment of hazardous waste within the             than one month after receipt of the notification.
 European Community or entering or leaving the
 Community.                                                  2.    A single acknowledgement may cover more than
                                                             one consignment of waste or refer to a specified
                                                             period if there are continuous shipments of waste of
                        Article 2                            the same physical and chemical composition to the
                                                             same treatment or disposal facility or to the same
 For the purpose of this Directive 'hazardous waste'         licensed user in the country of destination as
 means:                                                      proposed by a general notification.
 — toxic and dangerous wastes as defined in Article 1
     (b) of Directive 78/319/EEC,                            3.     A copy of the acknowledgement shall
 — PCB as defined in Article 1 (a) of Directive              accompany the shipment together with the
     76/403/EEC,                                             consignment note.
 — waste oils as defined in Article 1 of Directive
     75/439/EEC.                                                                      Article 5
                                                             Objections to the proposal for treatment, use, storage
                        Article 3                             or disposal in a Member State of the Community
                                                             other than the state of origin may be made by the
  1.   Where hazardous waste is to be shipped to              competent authorities of the country of destination
 another Member State of the Community for                    not later than one month after receipt of the
 treatment, use, storage or final disposal, the producer      notification. The grounds of objection must be stated.
 or consignor shall give notice to the competent auth-
 orities of the country of destination, the country of
 dispatch and, where appropriate, the country of
 transit.                                                                             Article 6
 2.    The competent authorities shall also be provided       In cases of emergency or grave danger, the producer
 with satisfactory evidence, such as a suitably endorsed      or consignor may make the notification in such a
 ---pagebreak--- 25. 2. 83                          Official Journal of the European Communities                             No C 53/5
form as he deems appropriate and the competent                                        Article 10
authorities of the Member State concerned shall take
the necessary measures immediately.                           The transfrontier shipment of hazardous waste shall
                                                              be covered by adequate insurance with respect to
                                                              damage which it may cause during shipment.
                        Article 7
1.     The transfrontier shipment of hazardous wastes                                 Article 11
shall be accompanied by a consignment document in              1.    Transfrontier shipments of     hazardous    waste
the form specified in Annex II, completed in                  shall be properly packaged.
accordance with this Article.
                                                              2.     The packaging of hazardous waste shall         be
2.     The producer or consignor shall fill in the            appropriately labelled, indicating in addition to    the
consignment document and send copies to the                    nature, composition and quantity of the waste,      the
competent authorities of the countries of dispatch,           telephone number where specialist advice may          be
destination, and, where appropriate, the country of           obtained at all times during the shipment.
transit.                                                       3.    Transfrontier shipments shall be accompanied by
                                                               appropriate safety instructions to be followed in the
3.     All subsequent undertakings involved in the            event of hazards and accidents.
operation shall complete where indicated, sign and
retain a copy of the consignment document.
                                                                                      Article 12
4.     The producer or consignor of the waste and the
                                                              Transfrontier shipments of hazardous waste may be
competent authorities of the countries of dispatch,
                                                               carried out only by persons or undertakings in
transit and destination shall receive a final copy of the
                                                               possession of an appropriate licence covering the
consignment document after receipt of the waste at
                                                               transport of such waste.
the disposal or treatment facility or by the licensed
user. The particulars on these copies shall show that
the transfrontier shipment has been executed.
                                                                                      Article 13
The copies shall be sent out by the consignee not              Member States shall compile annually a list indicating
later than two weeks after reception of the waste.             at least the quantity and the type of hazardous waste
                                                               which is shipped into or outside their territory.
                                                               They shall communicate this information to the
                         Article 8                             Commission not later than at the end of the year
The requirements laid down in this Directive with              following the reporting period.
respect to notification and consignment shall also
 apply to shipments of hazardous wastes from third
countries entering the Community.                                                     Article 14
                                                               Every three years, and for the first time three years
                                                               following the notification of this Directive, Member
                         Article 9                             States shall draw up a situation report on the
When hazardous wastes are shipped to a third                   implementation of this Directive and on the situation
country, the customs service in the last Member State          of the transfrontier shipments with which they are
through which the shipment passes shall be given a             concerned.
copy of the consignment note. When satisfied that the          The Commission shall, every three years, submit a
shipment has properly left the Community, the
                                                               summary report to the Council and the European
customs service shall forward suitably endorsed copies
                                                               Parliament.
of the consignment note to the consignor and the
 competent authorities of the Member States of
 dispatch and transit, thereby informing them of the                                  Article 15
 fact.
                                                               The Technical Committee set up under Article 18 of
                                                               Directive 78/319/EEC shall also be competent with
 The consignor of the waste shall declare or certify to        respect to the adaptation of the Annexes to this
 the competent authority of the Member State of                Directive to technical progress.
 dispatch not later than six weeks after the waste has
 left the Community that the waste has reached its             Such adaptations shall be made according to the
 proper destination.                                           procedure laid down in Article 16.
 ---pagebreak--- No C 53/6                            Official Journal of the European Communities                           25.2.83
                         Article 16                                                  Article 17
1.     Where the procedure laid down in this Article is       Member States shall designate the competent
to be followed, matters shall be referred to the              authority or authorities for the implementation of this
Committee by the chairman, either on his own                  Directive.
initiative or at the request of the representative of a
Member State.                                                 Member States shall communicate to the Commission
                                                              within six months of the notification of this Directive
2.     The representative of the Commission shall             the names, addresses, telephone and telex numbers of
submit to the Committee a draft of the measures to            the designated authority or authorities. The
be adopted. The Committee shall deliver its opinion           Commission shall circulate this information to the
on the draft within a time limit which may be                 Member States.
determined by the chairman according to the urgency
of the matter. It shall decide by a majority of 45
                                                                                     Article 18
votes, the votes of the Member States being weighted
as provided for in Article 148 (2) of the Treaty. The         Member States shall bring into force the measures
chairman shall not vote.                                      necessary to comply with this Directive within 12
                                                              months of its notification. They shall forthwith
3. (a) The Commission shall adopt the measures
                                                              inform the Commission thereof.
         envisaged where these are in accordance with
         the opinion of the Committee.
    (b) Where the measures envisaged are not in
                                                                                   . Article 19
         accordance    with the        opinion   of   the
         Committee, or if no opinion has been given,          Member States shall communicate to the Commission
         the Commission shall forthwith propose to the        the texts of the provisions of national law which they
         Council the measures to be adopted. The              adopt in the field covered by this Directive.
         Council shall act by a qualified majority.
    (c) If, within three months of the proposal being
         submitted to it, the Council has not acted, the                             Article 20
         measures proposed shall be adopted by the
         Commission.                                          This Directive is addressed to the Member States.
 ---pagebreak---  25. 2. 83                             Official J o u r n a l of the E u r o p e a n Communities                             N o C 53/7
                                                                  ANNEX     I
                               Notification document for the transfrontier shipment of hazardous waste
A. Authorities' copy                            B. Producers' copy                              C. Disposers' copy
   1. Denomination/description                  2. Composition (')                                              3. Mass tonnes
   4. Process from which waste origi-
      nated
   5. Nature of waste     explosive = a    aggressive = b       corrosive = c       poisonous = d   A D R / I M C O class No
  6. Physical appearance at normal temperature (2)
      1 = powdery/dusty             3 = pasty/muddy              5 = liquid           7 = colouring
      2 = solid                    4 = slurry                    6 = gaseous
  7. Producer of waste                                                     Contact person
      (name, address, telephone, telex)                                    (name, address, telephone, telex)
      Actual point of arising:
      Destination (name and address):
  8. Means of transport
      1 = rail
      2 = road
      3 = sea
      4 = inland waterway
      5 = air
  9. Transporter
      (name, address, telephone, telex)
10. Consignee
      (name, address, telephone, telex)
      — detail of licence (No or granting authority, validity)
11. Observations
(') Indicate general waste category of Directive concerned as well as main component and, if possible concentration.
O 10-15 °C.
PS: Notes for the application and use of the notification system are printed on the back of the notification document.
 ---pagebreak--- N o C 53/8                         Official J o u r n a l of the E u r o p e a n Communities                  25. 2. 83
                               Notes to be printed on the back of the notification document
           1. The notification document consists of four forms:
              Form 1 (red) for the competent authority of the country of destination.
              Form 2 (white with a red bar) for the competent authority of the country of dispatch.
              Form 3 (blue with a red bar) for the producer.
              Form 4 (yellow with a red bar) for the proposed consignee.
           2. The transfrontier shipment of hazardous waste may not be executed before receipt of the
              acknowledgement of the notification by the competent authorities of the country of destination.
 ---pagebreak--- 25.2.83                              Official J o u r n a l of t h e E u r o p e a n Communities                                No C 53/9
                                                                 ANNEX       II
                             Consignment document for the transfrontier shipment of hazardous waste
                                A. Producers' copy              B. Transporters'         C. Disposers'    copy        D. Authorities' copy
                                                                  copy                      (landfill       or
                                                                                            treatment)
 1. Denomination/description                  2. Composition (*)                                                 3. Mass tonnes
 4. Process     from      which     waste
    originated
 5. Nature of the waste     explosive = a    aggressive = b         corrosive = c      poisonous = d      A D R / I M C O class N o
 6. Physical appearance at normal temperature (2)
    1 = powdery/dusty             3 = pasty/muddy                5 = liquid           7 = colouring
    2 = solid                    4 = slurry                      6 = gaseous
 7. Producer of waste                                                       Contact person
    (name, address, telephone, telex)                                       (name, address, telephone, telex)
    Actual point of arising:
    Date of dispatch:
    Destination (name and address): ..
    Signature for correct information:
    Means of transport                                Registration No of vehicle and/or container (J)
    1 = rail
    2 = road
    3 = sea
    4 = inland waterway
    5 = air
 9. Containment                                  9.1. Container
                                                         (size, type and No of containers)
10. Transporter                                        Other transporters                             Custom's control
    (name, address, telephone, telex)                  Reconciliation of difference                   (stamp)
    — date of receipt                                                                                 for shipment to third countries
    — signature
11. Transport insurance against third party liability
    (name, address, telephone, telex)
    Date and validity of insurance                                          No of insurance policy
 ---pagebreak--- N o C 53/10                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s            25. 2. 83
12. Consignee
     (name, address, telephone, telex)
    — detail of licence (No or granting authority, validity)
    — date of arrival and acceptance
    — method of disposal or treatment
    — signature for reception
13. Observations or for use by producer, transporter/consignee/authorities
14. Safety instructions
(') See Annex to Directive 78/319/EEC.
O 10-15 ° C
(') If changing vehicles, give subsequent registration No.
PS: A list of competent authorities and their addresses, telephone and telex numbers are printed on the back of the consignment
      note. The notes for the application and use of the consignment note system are printed on the back of the consignment
      note.
 ---pagebreak--- 25.2.83                       Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s            N o C 53/11
                            Notes to be printed on the back of the consignment document
        1. The multipart set of the consignment document consists of eight forms:
           Form 1 (white) and 5 (gold) are records for the producer or consignor.
           Form 2 (rose) and 6 (blue) are for the competent authorities of the country of dispatch.
           Form 3 (yellow) and 7 (beige) are for the competent authority of the country of destination.
           Form 4 (orange) is a record for the carrier.
           Form 8 (green) is the record for the final disposal or treatment firm.
        2. Photocopies can be used to replace multipart forms or for other purposes.
        3. When the producer or consignor has received the acknowledgement of his proposal for
           treatment, use, storage or disposal from the competent authorities of the country of destination
           as being put forward by the notification according to Article 3, Section 1, of the Directive, he
           fills in the consignment documents. All undertakings involved in the operation should sign the
           forms and hold one copy.
        4. The carrier completes the forms in particular by indicating the name and address of his company,
           the registration N o of his vehicles and the transport insurance.
        5. The producer or consignor will detach Form 1 for his records and Forms 2 and 3 to be sent to
           the competent authorities of the country of dispatch and of destination.
           In case of transit, a photocopy of Form 2 shall be sent to the competent authority of the transit
           country.
           The remaining copies are handed over to the carrier accompanying the transport.
        6. The carrier hands over these copies of the consignment note set to the consignee who will then
           record receipt of the waste.
           The carrier will retain one copy (Form 4) for his records.
        7. The final consignee will send Form 5 (gold) to the producer or consignor, Form 6 (blue) to the
           competent authority of the country of dispatch and Form 7 (beige) to the competent authority of
           the country of destination not later than two weeks after reception of the waste.
           In case of transit, a photocopy of Form 7 will be sent to the competent authority of the transit
           country.
           Form 3 should be retained by the final consignee for his records.