CELEX: 51988PC0391
Language: en
Date: 1988-08-05
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 75/442/EEC on waste#Proposal for a COUNCIL DIRECTIVE on hazardous waste#(presented by the Commission)

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COM (88) 391
Vol. 1988/0142
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM ( 88 ) 391 final - SYN 145
                                           Brussels , 5 August 1988
                        / b> ' %
                       M
                                 w      >x .\      / /
                       Proposal r a
                     COUNCIL    DIRECTIVE
                     COUNCIL DIRECTIVE
         amending Directive 75 / 442 / EEC on waste
                       Proposal for a
                     COUNCIL DIRECTIVE
                    on hazardous waste
             ( presented by the Commission )
 ---pagebreak---                               EXPLANATORY MEMORANDUM
                  ( amendment of Directives 75 / 442 and 78 / 319 )
The purpose of these two proposals for Directives is ( first proposal )
to amend Directive 75/442/ EEC of 15 July 1975 on waste^ and ( second
proposal ) to replace Directive 78 / 319 / EEC of 20 March 1978 on toxic and
                  2
dangerous waste .     In addition , amendments of form are made to
Directive 84/ 631 / EEC of 6 December 1984 on the supervision and control within
the European Community of the transfrontier shipment of hazardous waste . ^
1 . Experience gained at Community level in waste management and , more
particularly , the management and disposal of hazardous wastes shows that
some provisions of the Directives concerned need to be improved or
reformulated in more precise terms . In addition , the growing scale at
Community level of waste shipments prior to treatment , and the practical
implementation of the stipulations of Directive 84/ 631 have highlighted
the need to refine and harmonize the definition of waste and hazardous
waste .
2.   Thus the amendments proposed by the Commission have several objectives :
2(a ) to pull the Directives on waste management together and cut out
repetitions by transforming the amended Directive 75 / 442 into a framework
Directive applying to all wastes ;
Joj L 194, 25.7.75, p. 39.
^0J L 84, 31.3.78, p. 43.
50J L 326, 6.12.84, p. 31 .
                                                                                 I
 ---pagebreak---                                  - 2 -
2(b ) to add or stress priorities that have proved to be important
since the adoption of the Directive in 1975 , such as :
- the promotion of clean technologies ,
- the promotion of products generating little or less waste ,
- the need for more quantitative data on the situation within the
   Communi ty ,
- the desirability of harmonizing waste disposal methods ;
2(c )     to introduce more precise and more consistent definitions of "waste ",
" disposal " and " hazardous waste " at Community level .
3.    The definitions contained in Directives 75 / 442 / EEC and 78 / 319 / EEC have
in several cases not been incorporated as such in the national legislation .
The broad drafting of the definitions allowed Member States considerable
latitude while still conforming to the Directive . There are some
substantial differences in the scope of national or regional legislation
which could have very significant repercussions in the context of the
common market and the free movement of goods . It is therefore in the
interests of industry and waste treatment professionals to have a single
uniform definition of waste and hazardous waste , as this would eliminate
a source of distortion of competition and administrative and technical
problems . The report of Parliament 's Committee of Inquiry into the Treatment
of Toxic and Dangerous Substances which Parliament adopted in 1984 in fact
                                                                               4
called on the Commission to amend Directive 78 / 319 / EEC in this light .
Parliament repeated this request in its Resolution on the waste disposal
industry and old waste dumps of June 1987^ under point 1(c ): "clarification
of the Community definition and nomenclature of dangerous waste".
4
  Resolution of 11 April 1984 on the treatment of waste , OJ C 127, 14.5.84 ,
rP • 67 .
^Resolution of 19 June 1987 on the waste disposal industry, OJ C 190,
  20.7.87, p. 154 .
                                                                                     2
 ---pagebreak---                                    - 3 -
4 . The Commission had studies carried out on the implementation of
Directive 78 / 319 / EEC in the Member States , on the definition of
" toxic and dangerous wastes " in Member States and on the substances and
materials which make waste hazardous .     These studies served as a basis for
the deliberations of working parties of national experts who met regularly
to devise a better definition of hazardous waste . The Community activities
were closely coordinated with the OECD work in the same field , in particular
by the Waste Management Policy Group, which recently proposed a precise
definition of hazardous waste subject to control in the event of
transfrontier shipment . The Waste Management Committee was also consulted
on the need to amend the Directives and on the broad outlines of such
amendments .
5 . Considerable delays have occurred in the implementation of
Directive 84 / 631 / EEC on the supervision and control of transfrontier
shipments of hazardous waste . One of the problems encountered is the lack
of any precise and uniform Community definition of hazardous waste .
National interpretations deviating from the existing Community definition
as laid down by Directives 75 / 442 / EEC and 78/ 319/ EEC lead to unnecessary
transfrontier shipments of waste or , in other cases , to administrative
problems in effecting the shipments . The adoption of a uniform definition
of waste , and in particular of hazardous waste , should make implementation
of this Directive more effective .     This action must be carried out at
Community level .
6.   The differences between the national laws in force can distort the conditions
of competition and thereby directly affect the establishment and functioning of
the internal market . Accordingly , Article 100a of the Treaty is the legal basis
for these proposals , which take as their base a high level of environmental
protection . For waste management , laws at much the same level are now
in force     in      all   Community   Member    States ,   and   the Commission
 ---pagebreak---                                          4
    considers that implementing these proposals should not require a
    disproportionate effort by national economies at different levels
    of development . There is therefore no need to include any provisions
    in this respect .
 COMMENTS ON THE TEXT OF THE PROPOSALS
 1.   Amendment of Directive 75 / 442 / EEC
 The framework character of this Directive is underscored and formalized .
 It is a general Directive which will apply to all waste . Its provisions
 will no longer be repeated in the individual Directives applying to
 specific categories of waste .
 It clarifies the definition of " waste" by adding a list of reasons why
materials are intended for disposal ( Annex I ) , and contains a more precise
definition of the term " disposal " by listing two series of disposal
operations , the second consisting of recycling processes . The terms
" collection " and " transport " are also defined .
The means by which recycling and re-use of waste are to be promoted are
specified , and Member States must encourage the development of clean
technologies and of products generating a minimum of waste or waste that
can easily be recycled .
The amendments also concern the authorization procedures     for disposal
undertakings , and require the competent authorities of the Member States
to carry out inspections of all waste disposal operators at regular
intervals .
Finally , detailed rules are laid down for the periodic reports by the
Member States to the Commission on the implementation of the Directive ,
which are aligned on the provisions contained in the proposal for a horizontal
directive on environmental reporting to be presented by the Commission .
All the other provisions of Directive 75 / 442 have been retained
                                                                               ?
 ---pagebreak---                                     5
 Proposal for a Directive on hazardous w aste
 The new proposal for a Directive concerns hazardous waste , this term
 being wider and more comprehensive than the former " toxic and dangerous "
 waste . It is regarded as a specific directive in the field governed by
 the amended Directive 75 / 442 , which means that the provisions of the
 latter also apply to hazardous waste , subject to any complementary or
 different provisions expressly laid down in the new proposal .
 The legal basis for this proposal for a Directive is Article 100a , for
 its provisions on the management of hazardous waste , and in particular
 its more precise definition of hazardous waste , are intended to remove
 the distortions to the conditions of competition that still obtain in
 Member States . Less precise or less stringent national measures and a
 narrower scope for specific national regulations generate more favourable
 conditions of competition for producers or users of products giving rise
 to waste compared with operators in countries where the rules are more
 strict . Similarly , the operating conditions for undertakings concerned
 with the disposal of hazardous waste can vary widely from one Member State
 to another , which introduces a major factor of distortion of competition
 between firms providing the service and erects obstacles to the functioning
 of the internal market in this field .     This situation also leads to
 unnecessary shipments of artificial waste , sometimes over long distances .
 In accordance with Article 100a , the proposal for a Directive takes as a
 base a high level of environmental protection .
The definition of " hazardous waste " is qualified by the reference to three
Annexes :  a list of types or categories of hazardous waste , a list of
substances or materials which render a waste hazardous and a list of
hazard characteristics .  This definition is very close to the one formulated
by the OECD Waste Management Policy Group, contained in the draft decision
                                                                              lo
 ---pagebreak---                                           6
 prepared by the OECD Secretariat . This definition system makes for very
 precise designations of waste and will cover all national situations . In
 addition, it lends itself to a detailed codification of hazardous waste,
 suitable for use in the notification procedure for transfrontier shipments
 of hazardous waste .
 The list of substances or materials corresponds to the Annex to the
original Directive 78/319, supplemented by several groups of substances .
The list of hazard characteristics contains the list of characteristics
laid down by Directive 79/831 / EEC of 18 September 1979 ( amending for the
sixth time Di rective 67/548/ EEC relating to the classification, packaging
and labelling of dangerous substances ).^
The only wastes which have been excluded are those excluded by the framework
Directive 75 / 442/ EEC, and the hazardous wastes subject to special
Community rules .
 The other amendments concern the provisions of the Directive which no
 longer satisfied the requirements of correct management of hazardous
 wastes .    Many advances have been made in this sector since 1978 , and the
 quantities of waste treated have grown considerably .
 The mixing of hazardous waste with other waste is prohibited , unless this
 practice is a necessary part of the treatment or recycling of the waste .
 The Member States may make collection and transport operations subject
 to authorization . In addition , the carriage of hazardous waste is subject
 to special conditions , which are deemed to be fulfilled if the Member State
 implements the provisions applicable to the carriage of hazardous products
 provided for in the international conventions . Special controls must be
   60U L 259, 15.10.79.
 ---pagebreak---                                              7
applied to undertakings engaged in the collection and transport of hazardous
waste . The other provisions relating to transport contained in Directive
78 / 319 continue to apply .
The procedures laid down for drawing up plans have been maintained and
further elaborated .
The proposal also specifies what information on the centres for the
treatment of hazardous waste must be regularly notified to the Commission .
This information will be fed into the data bank planned by the Commission
departments ( TOXWASTE ) and will enable the competent authorities to be
accurately informed as to where hazardous waste can be treated in the
Community .   This is essential to the proper functioning of the system for
the shipment of hazardous waste established by Directive 84 / 631 / EEC .
All the provisions on the management of waste in general contained in
the amended Directive 75 / 442 also apply to hazardous waste , and thus are
not repeated in this Directive .
 3.    Amendment of Directive 84 / 631 / EEC
 Directive 84 / 631 / EEC refers to the definitions contained in the original
 Directive 78 / 319 / EEC and in its Annex . It is therefore necessary to
 modify the form of this reference in the light of the amendment of the
 definition and of the new structure of the Annexes to the proposal for
 a Directive on hazardous waste .
                                (
 ---pagebreak---                                              8
jQ.llS_u .l- TATIC>N 0 F PARLIAMENT AND THE ECONOMIC AND SOCI AL COMMITTEE
The proposals for a Directive are based on Article 100a of the EEC Treaty .
The tconomic and Social Committee must therefore be consulted and the two
proposals are subject to the cooperation procedure with Parliament .
                                                                            И
 ---pagebreak---                                  Proposai fo r a
                              COUNCIL DIRECTIVE
                  amending Directive 75 / 442 / EEC on waste
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community,
  and in particular Article 100a thereof ,
  Having regard to the proposal from the Commission ,
  In cooperation with the European Parliament ,
  Having regard to the opinion of the Economic and Social Committee ,
                                           1
 Whereas Council Directi ve 75 / 442 / EEC   established a set of Community rules on
 waste disposal ; whereas these must be amended to take account of
 experience gained in the implementation of this Directive by the Member
 States ; whereas the amendments take as a base a high level of environmental
 protection yi'tb as much regard to the definition as to the disposal of waste;
  Whereas any disparity between the laws on waste disposal in the Member
  States can distort the conditions of competition and thereby directly
  affect the establishment and functioning of the internal market ; whereas
  it is therefore necessary to approximate laws in this field ;
Whereas the definition of waste should be revised in the light of
experience in order to improve the efficiency of waste management in the
Communi ty ;
Whereas , as the environmental action programmes stress , the volume of
waste can effectively be reduced by intervening at the production stage
to promote clean technologies and products which can be recycled and
re-used ;
1 0J L 194, 25.7.1975,  p. 47 .
 ---pagebreak--- Whereas it must be possible to adapt rapidly to technical progress and
it is therefore advisable to facilitate such adaptation by providing
for a procedure establishing cooperation between Member States within
a Committee on adaptation of this Directive to technical progress ,
HAS ADOPTED THIS DIRECTIVE :
Article 1
Directive 75 / 442 / EEC is hereby amended as follows :
1.   Articles 1 , 2 , 3 , 8 , 9 , 10 and 12 are replaced by the following :
" Article 1
For the purposes of this Directive :
(a)   " waste " means any substance or object which the holder disposes
      of , or is required to dispose of , for the reasons listed in Annex I ;
(b)   " disposal " means the collection , transport and treatment of waste ,
      in particular any of the operations specified in Annex II ;
(c)   " collection " means the gathering , sorting and / or mixing of waste from
      several holders for the purpose of treatment ;
(d)   " transport " means the whole range of waste loading , unloading and
      carriage operations .
Article 12
1.   The following shall be excluded from the scope of this Directive :
 ---pagebreak---                               - 3 -
(a)   radioactive waste;
(b)   mining waste;
(c)   animal carcasses and agricultural waste of faecal origin ;
(d)   waste waters discharged into sewers and the aquatic environment ;
(e)   emissions into the atmosphere .
2 . Specific rules for particular instances or supplementing those of
this Directive on the disposal of particular categories of waste shall
be laid down by means of special Directives .
Article 3
1 . Member States shall take appropriate steps to encourage the prevention ,        |
recycling and processing of waste , the extraction of raw materials and
possibly of energy therefrom and any other process for the re-use of
waste .
2 . Member States shall inform the Commission in good time of any draft               jj
legislation relati ng to measures as ref erred to in paragraph 1 concerning , in       I!
particular :                                                                            j
( a ) the use of products considered to be a source of technical difficulties            j
      as regards disposai or likely to generate excessive disposai costs ;
    .                                                                                      i
( b ) the encouragement of :                                                               i
                                      '                                                      i
                                                                                             i
      - the reduction in the quantities of certain waste ,
      - the treatment of waste for recycling and re-use ,
      - the recovery of raw materials and / or the production of energy from
        certain types of waste ;
                                                                                 VI
 ---pagebreak---                                  4
 (c)  the use of certain natural resources , including energy resources ,
      in applications where the raw materials can be replaced by recovered
      materials .
3 . The     measures must give priority to recovery , re-use and recycling ,
taking account of the available technology , the economic implications and
existing or potential market opportunities for the products obtained , while
respecting the provisions of the Treaty concerning the establishment and
proper functioning of the internal market .
4.   Member States shall take measures designed , inter alia , to :
(a)   promote the development of new clean technologies generating less
      or no waste and more sparing in their use of natural resources ;
 (b)  promote the technical development and marketing of products designed
      to facilitate , or reduce the cost of , disposal , in particular by
      being suitable for recycling or re-use ."
" Article 8
In order to comply with the measures taken pursuant to Article 4 , any
establishment or undertaking which carries out waste treatment for third
parties , in particular any of the operations specified in Annex II A ,
must obtain a permit from the competent authority referred to in
Article 5 .
Such permit shall cover :
- the types and quantities of waste ,
- the technical requirements ,
- the précautions to be taken ,
- the disposai site .
- the treatment method .
Permits may be granted for a specified period ; they may be renewable ;
and they may be subject to conditions and obligations .
 ---pagebreak---                                - 5 -
Artide 9
1 . Establishments or undertakings which carry out waste disposal , with
the exception of those which carry out the operations specified in
Annex II B , shall be subject to periodic inspections by the competent
authorities referred to in Article 5 .
2 . Member States shall take the necessary measures to
ensure that the establishments or undertakings concerned afford the
representatives of the competent authorities all necessary assistance to
enable them to carry out any examinations , inspections or investigations
concerning the waste , to take samples and to gather any information necessary
for the performance of their duties .
Article 10
All establishments or undertakings referred to in Article 8 shall :
- keep a record of the quality , nature and origin of the waste and the
   treatment method ,
- make this information available at regular intervals to the competent
   authorities referred to in Article 5 ."
" Article 12
1.   Every three years , and for the first time on 1 September 1990,
Member States shall send the Commission a report on the measures taken
to implement this Directive . This report shall be based on a questionnaire
which the Commission shall send to the Member States six months before
the above date .
2 . On the basis of the reports referred to in paragraph 1 , the Commission
shall publish a consolidated report every three years , and for the first
time in 1991 ."
 ---pagebreak---                                               6
   2 . The following Articles are inserted ;
   " Article 12a
   The amendments necessary for adapting the Annexes to this Directive to
   scientific and technical progress shall be adopted in accordance with
   the procedure set out in Article 12c .
   Article 12b
   The   Commission  shall   be   assisted   by   an  advisory   committee for
   adaptation to scientific and technical progress composed of the representatives
   of the Member States    and chaired by the representative of the Commission .
 Article 12c
 Where   the  procedure  set    out  in this    Article  is  applied ,  the
 representative of the Commission shall submit to the Committee referred
 to in Article 12b a draft of the measures to be taken .       The Committee
 shall deliver its opinion on the draft , within a time limit which the
 Chairman may lay down according to the urgency of the matter , if necessary
 by taking a vote .
 The opinion shall be recorded in the minutes ;      in addition , each Member
 State shall have the right to ask to have its position recorded in the
minutes .
When adopting the measures , the Commission shall take the utmost account
of the opinion delivered by the Committee .       It shall inform the Committee
of the manner in which its opinion has been taken into account ."
3.    Annexes I and II to this Directive are added as Annexes I and II .
 ---pagebreak---                                      7
                                 Article 2
1 . Member States shall bring into force the laws , regulations and
administrative provisions necessary to comply with this Directive from
1 January 1990 . They shall forthwith inform the Commission thereof .
2.  Member States shall communicate to the Commission the texts of the
provisions of national law which they adopt in the field covered by this
Directive .
                                 Article 3
This Directive is addressed to the Member States .
                                                                      f
Done at                                                   For the Council
 ---pagebreak---                                 - 8 -
                                   ANNEX I
              REASONS WHY MATERIALS ARE DESIGNATED FOR DISPOSAL
Products or materials are designated for disposal if they belong to any
of the following categories :
Q1  Production or consumption residues not otherwise specified below
Q2  Off-specification products
Q3  Products whose date for appropriate use has expired
Q4 Materials spilled , lost or having undergone other mishap including
    any materials , equipment etc . contaminated as a result of the mishap
Q5  Materials contaminated or soiled as a result of planned actions
    ( e.g. , residues from cleaning operations , packing materials ,
    containers , etc .)
Q6 Unusable parts Ce . g ., reject batteries , exhausted catalyst , etc. )
Q7 Substances which no longer perform satisfactorily ( e.g. , contaminated
    acids , contaminated solvents , exhausted tempering salts , etc .)
Q8 Residues of industrial processes ( e.g. , slags , still bottoms , etc .)
Q9 Residues from pollution abatement processes ( e.g. , scrubber sludges ,
    baghouse dusts , spent filters , etc .)
Q10 Machining / finishing residues ( e.g. , lathe turnings , mill scales , etc .)
Q11 Residues from raw materials extraction and processing ( e.g. , mining
    residues , oil field slops , etc .)
Q12 Adulterated materials ( e.g. , oils contaminated with PCB , etc .)
Q13 Any materials , substances or products whose use has been banned by law
Q14 Products for which the holder has no further use ( e.g. , agricultural ,
    household , office , commercial and shop discards , etc .)
Q15 Materials , substances or products resulting from remedial actions with
    respect to contaminated land
Q16 Any materials , substances or products which the holder wishes to
    dispose of , or is required to dispose of, and which are not contained
    in the above categories
 ---pagebreak---                                    - 9 -
                                       ANNEX II
                                 DISPOSAL OPERATIONS
                      ( Annex II is divided into two sections )
             II . A  OPERATIONS WHICH DO NOT LEAD TO THE POSSIBILITY
          OF RESOURCE RECOVERY , RECYCLING , RECLAMATION , DIRECT RE-USE
                            OR ALTERNATIVE USES OF WASTES
 ( N.B.   Annex II . A is intended to encompass all such disposal operations
          which occur in practice . These operations may or may not be
          acceptable from the point of view of environmental amenity )
D1    Deposit into or on to land ( e.g. , landfill , etc .)
D2    Land treatment ( e.g. , biodegradation of liquid or sludgy discards in
      soils , etc .)
D3    Deep injection ( e.g. , injection of pumpable discards into wells , salt
      domes or naturally occurring repositories , etc .)
D4    Surface impoundment ( e.g ., placement of liquid or sludge discards into
      pits , ponds or lagoons , etc. )
D5    Specially engineered landfill ( e.g. , placement into lined discrete
      cells which are capped and isolated from one another and the environment ,
      etc .)
D6    Release into a water body except seas / oceans
D7    Release into seas / oceans including sea-bed insertion
D8 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 in Annex II . A
D9    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 in Annex II . A ( e.g. , evaporation , drying ,
      calcination , etc .)
D10 Incinération on Land
D11 Incinération at sea
D1 2 Permanent storage ( e.g ., emplacement of containers in a mine , etc. )
D 1 3 Blending or mixing prior to submission to any of the operations in
      Annex II . A
D14 Repackaging prior to submission to anyof the operations in Annex II . A
D 1 5 Storage pending any of the operations in Annex II . A
 ---pagebreak---                                        10 -
                        II . B OPERATIONS WHICH MAY LEAD TO
                   RESOURCE RECOVERY , RECYCLING , RECLAMATION ,
                  DIRECT RE-USE OR ALTERNATIVE USES OF WASTES
( N.B.  Annex II . B is intended to encompass all operations intended to
        extract and / or to utilize secondary materials .)
R1   Use principally as a fuel or other means to generate energy
R2   Solvent reclamation / regeneration
R3   Recycling / reclamation of organic substances which are not used as
     solvents
RA   Recycling / reclamation of metals and metal compounds
R5   Recycling / reclamation of other inorganic materials
R6   Regeneration of acids or bases
R7   Recovery of components used for pollution abatement
R8   Recovery of components from catalysts
R9 Oil re-refining or other re-uses of oil
R10 Spreading on land resulting in benefit to agriculture or ecological
     improvement , including composting and other biological transformation processes
R11 Uses of materials obtained from any of the operations numbered
     R1-R10
R12 Exchange of wastes for submission to any of the operations numbered
     R1-R11
R13 Accumulation of material intended for any operation in Annex II . B.
 ---pagebreak---                                   Proposai for a
                                COUNCIL DIRECTIVE
                                on hazardous waste
  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
  Having regard to the Treaty establishing the European Economic Community,
  and in particular Article 100a thereof .
  Having regard to the proposal from the Commission,
   In cooperation with the European Parliament ,
   Having regard to the opinion of the Economic and Social Committee ,
  Whereas any disparity between the laws of the Member States on the
  disposal of hazardous waste can distort the conditions of competition
  and thereby directly affect the establishment and functioning of the
   internal market ; whereas it is therefore necessary to approximate laws
  in this field ;
 Whereas Council Directive 78 / 319 / EEC of 20 March 1978 on toxic and
 dangerous waste ^ established Community rules on the disposal of
 hazardous waste ;   whereas , in order to take account of experience
 gained in the implementation of that Directive by the Member States ,
 it is necessary to amend the rules and to replace Directive 78/ 319 / EEC
 by this Directive ;
Whereas the action programme of the European Communities on the environment ,
which was the subject of the Resolution of 19 October 1987 of the Council
of the European Communities and of the Representatives of the Governments
of the Member States , meeting within the Council , on the continuation and
implementation of a European Community policy and action programme on the
environment ( 1987-1992 ), provides for Community measures to improve the
conditions under which hazardous wastes are disposed of ;
^0J  No L 84, 31.3.78, p. 43.
^0J No C 328, 7.12.87, p . 1 .
                                                                              lp
 ---pagebreak---                                            - 2 -
Whereas the Commission 's proposal takes as a base a high level of environmental
protection with as much regard to the definition as to the disposal of hazar¬
dous waste ;
Whereas it is necessary, in order to improve the efficiency of the management
of hazardous waste in the Community , to use a precise and uniform definition
of hazardous waste based on experience;
Whereas the general rules applying to waste disposal , which are laid down by Council
                         3        , , .  ....          4
Directive 75 /442 / EEC , as amended by Directive ..., also apply to the disposal
of hazardous waste;
Whereas the correct disposal of hazardous waste necessitates additional , more
stringent rules to take account of the special nature of such waste; whereas
it i$ necessary to ensure that disposal , and in particular transport , of this
waste is monitored in the fullest manner possible;
Whereas when Member States charge levies on the monies used to cover the cost
of disposing     of hazardous waste following the "polluter pays " principle, the
yield thereof may be used, among other things , for financing supervisory mea¬
sures relating to hazardous waste as well as financing research pertaining
to the elimination of hazardous waste;
Whereas the data currently available on the qualitative and quantitative aspects
of waste management is wholly inadequate ; whereas it is therefore necessary
to establish at Community level a system of mutual information on quantities
of hazardous waste and the methods of correct disposal of this waste;
Whereas it must be possible rapidly to adapt the provisions of this Directive
to technical progress and whereas the Committee on the adaptation to technical
progress set up by Directive 75 / 442 / EEC must also be empowered to adapt the
provisions of this Directive to technical progress ;
Whereas Council Directive 84 / 631 / EEC of 6 December 1984 on the supervision and
control within the European Community of the transfrontier shipment of hazardous
waste, ^ which lays down common rules for transfrontier movements of such waste,
refers in several Articles to Directive 78 / 319 / EEC
 J* OJ N” L 194, 25.7.75, p. 47 .
    OJ N° L
  5 OJ N° L 326, 13.12.85, p. 31
 ---pagebreak---                                     3
and whereas it is therefore necessary to make amendments of form to the
text of Directive 84 / 631 / EEC in order to incorporate explicit references
to the corresponding provisions of this Directive ,
HAS ADOPTED THIS DIRECTIVE :
                                    Article 1
1.   The object of this Directive is      to  approximate  the  laws of
the Member States on the controlled disposal of hazardous waste .
2.   For the purposes of this Directive :
" hazardous waste " means :
- any waste falling within one of the categories or types of waste
   specified in Annex I A , unless it can be proved to have none of the
   properties listed in Annex III ;
- any waste falling within one of the categories specified in Annex I B
   and containing one of the substances or materials listed in Annex II ,
   unless it can be proved to have none of the properties listed in
   Annex III ;
- any other waste displaying any of the properties listed in Annex III .
                                    Article 2
Hazardous waste covered by specific Community rules shall be excluded from
the scope of this Directive .
 ---pagebreak---                                 - 4 -
                                  Article 3
Member States shall take the necessary measures to prohibit the
uncontrolled abandonment , discharge , disposal and transport of
hazardous waste .
                                  Article 4
Member States shall take the necessary measures to :
- prohibit the mixing of hazardous wastes with other wastes , substances
   or materials in the course of the disposal operations except for the
   purposes of Article 4 of Directive 75 / 442 / EEC or for the purpose of
   improving safety during disposal ;
- require that hazardous waste be kept separate from other waste during
   disposal operations where this is necessary for technical reasons ;
- require that on every site used for the depositing of hazardous waste
   the waste be identified and recorded .
                                  Article 5
1 . The provisions of Article 8 of Directive 75 / 442 / EEC on permits shall
apply to any establishment or undertaking which treats hazardous wastes ,
including those carrying out the operations specified in Annex II B to
Directive 75 / 442 / EEC .
2 . Member States may require establishments or undertakings which
collect and / or transport hazardous waste to obtain a permit . The permit
issued for such transport operations by a Member State shall be recognized
by other Member States without further requirements .
                                                                             13
 ---pagebreak---                                      5
                                       Artide 6
   Any person producing or holding hazardous waste without the permit
   referred to in Article 5 shall as soon as possible have such waste disposed
   of by an establishment or undertaking authorized or supervised by the
   competent authorities .
                                       Artide 7
   1.   Any establishment or undertaking which produces , holds or disposes
   of hazardous waste shall :
   - be subject to regular inspections by the competent authorities ;
?S - keep a record of the quantity , nature , physical and chemical
\     characteristics and origin of such waste , and of the methods and sites
      used for disposing of the waste , including the date of receipt and
      surrender ;
   - supply this information to the competent authorities on request .
   2 . Documentary evidence that the disposal operations have been carried
   out shall be kept for at least two years . This evidence shall , where
   necessary , be sent to the competent authorities of the Member State
   concerned .
                                       Article 8
   1.   Member States shall take the necessary measures to ensure that the
   following conditions are met in the course of collection , transport
   and temporary storage :
   (a)   the waste is properly packaged ;
   Cb )  the containers carry appropriate labels stating the nature ,
         composition and quantity of the waste and the telephone number(s )
         of the person(s ) to be contacted in case of necessity;
   (c)   instructions are supplied with the waste regarding the procedure to
         be followed in the event of danger or accident .
 ---pagebreak---                                  - 6 -
2.    The conditions set out in paragraph 1 shall be deemed to have been
met in the case of transport operations where a Member State applies
equivalent provisions under the international transport conventions
listed in Annex II to Directive 84 / 631 / EEC to which they are party ,
provided that those conventions cover hazardous waste .
3 . The inspections provided for in Article 7 regarding collection and
transport operations shall cover in particular :
- the technical requirements concerning the vehicles ;
- training for the drivers or persons responsible for the transport
   operations .
The inspection procedures must be equivalent to the provisions
applicable to the carriage of hazardous goods laid down in the
international transport conventions listed in Annex II to Directive
84 / 631 / EEC :
4.    Where hazardous waste is transferred for the purpose of disposal , it
shall be accompanied by an identification form containing the details
specified in Section A of Annex I to Directive 84 / 631 / EEC .
                                   Article 9
      In accordance with the " polluter pays " principle , the cost of
disposing of hazardous waste , less any proceeds from re-use or
reclamation , shall be borne by :
- the holder who consigns the waste to an undertaking or establishment
   which carries out waste disposal ;
- and / or the previous holders or the producer of the product which gave
   rise to the waste .
                                                                            1S
 ---pagebreak---                                    Artide 10
1.   The competent authorities of the Member States shall draw up and keep
up to date plans for the disposal of hazardous waste . The plans shall cover in
particular :
-  the types and quantities of waste to be disposed of ;
-  the methods of disposai ;
-  the authorized disposal sites and centres ;
-  the technical standards and requirements laid down ;
-  disused tips and contaminated sites which need to be kept under
   surveillance or reclaimed .
The competent authorities may include other specific aspects , including
the estimated cost of the disposal operations .
2.   The competent authorities shall make public the plans referred to in
paragraph 1 .  Member States shall transmit these plans to the Commission
by 1 January 1990 .
3.   The Commission shall compare these disposal plans , and in particular
the methods of disposal and the technical standards laid down . Where
necessary , the Commission shall prepare proposals to harmonize the
technical disposal standards .
 ---pagebreak---                                - 8 -
                                 Article 11
In cases of emergency or grave danger , Member States shall take all
necessary steps , including, where appropriate , temporary derogations from
this Directive , to ensure that hazardous waste is so dealt with as not
to constitute a threat to the population or the environment . The
Member States shall inform the Commission of such derogations .
                                  Article 12
1 . Every three years , and for the first time on 1 September 1990 ,
Member States shall send the Commission a report on the measures taken to
implement this Directive . This report shall be drawn up as part of the
report provided for in Article 12(1 ) of Directive 75 / 442 / EEC in accordance
with the procedures laid down therein .
2 . On the basis of the reports referred to in paragraph 1 , the
Commission shall publish a consolidated report as part of the report
provided for in Article 12(2 ) of Directive 75 / 442 / EEC in accordance
with the procedures laid down therein .
3 . In addition , by 1 January 1991 the Member States shall send the
Commission the following information for every establishment or
undertaking holding a permit :
- name and address ;
- the method used to treat the waste ;
- the types of waste which can be treated ;
- the scale of charges for treatment ;
- the nature of waste resulting from the treatment ;
- operating data such as :
   . the actual quantity of waste treated during the year
   . capacity utilization level in units of time .
Once a year , Member States shall inform the Commission of any changes
in this information .
The Commission shall make this information available on request to
competent authorities in the Member States .
                                                                                ïi
 ---pagebreak---                                   - 9 -
                                     Article 13
The amendments necessary for adapting the Annexes to this Directive to
scientific and technical progress shall be adopted in accordance with
the procedure laid down in Article 12c of Directive 75 / 442 / EEC .
                                     Article 14
The Committee for adaptation to scientific and technical progress set
up under Article 12b of Directive 75 / 442/ EEC shall also be responsible for
examining the amendments considered pursuant to Article 13 of this
Directive .
                                     Article 15
Member States shall prohibit all acts which intentionally or in effect
circumvent the provisions of this Directive .
                                     Article 16
Directive 84 / 631 / EEC is hereby amended as follows :
(a)   i n Article 2(1 ), point ( f ) is replaced by the following :
      "( f ) 'disposal * means disposal within the meaning of Article 1(b ) of
      Directive 75 / 442 / EEC ";
(b )  in Article 15 , the words "Article 18 of Directive 78 / 319/ EEC " shall
      be replaced by the words "Article 12b of Directive 75 / 442 / EEC ".
                                     Article 17
1.   Member States shall bring into force the laws , regulations and
administrative provisions necessary to comply with this Directive with
effect from 1 January 1990 . They shall forthwith inform the Commission
thereof .
 ---pagebreak---                                        10 -
2.   Member States shall communicate to the Commission the texts of the
provisions of national law which they adopt in the field covered by this
Oi rective .
                                    Article 18
1.   Directive 78 / 319 / EEC is hereby repealed with effect from 1 January 1990 .
2.   References to the Directive repealed by paragraph 1 shall be
understood as references to this Directive .      References to Articles of the
repealed Directive are to be read in accordance with the correspondence
table contained in Annex IV .
                                     Article 19
This Directive is addressed to the Member States .
Done at                                                            For the Counci l
 ---pagebreak---                                          11
                                     ANNEX I
              CATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTES *
               ( WASTES MAY BE LIQUID, SLUDGE OR SOLID IN FORM)
                                    ANNEX I -A
                           Wastes which consist of :
            Anatomical substances ; hospital and other clinical wastes
  2
  3
            Pharmaceuticals
            Wood preservatives
                              , drugs , medicines and veterinary compounds
  4         Biocides and phyto-pharmaceuti cal substances
  5         Residue from substances employed as solvents
  6         Halogenated    organic substances not employed as solvents excluding
            inert polymerized materials
  7         Tempering salts containing cyanides
  8         Mineral oils and oily substances ( e.g. cutting sludges , etc .)          I
  9         Oil /water , hydrocarbon /water mixtures , emulsions                      Ï
10          Substances containing PCBs and /or PCTs ( e.g. dielectrics , etc .)       Ï
11          Tarry materials arising from refining, distillation and any               3!
            pyrolytic treatment ( e.g. still bottoms , etc .)
12          Inks , dyes , pigments , paints , laquers , varnishes                     Î
13          Resins , latex , plasticizers , glues / adhesives
14          Chemical substances arising from research and development
            or teaching activities which are not identified and / or
            are new and whose effects on man and / or the environment
            are not known ( e.g. laboratory residues , etc .)                         ri
15          Pyrotechnics and other explosive materials
16          Photographic chemicals and processing materials
17          Any material contaminated with any congenor of polychlorinated
            dibenzo-f uran
18          Any material contaminated with any congenor of polychlorinated
            dibenzo -p-dioxin
                                    ANNEX I-B
            Wastes which contain any of the constituents
            listed in Annex II and consisting of :
19          Animal or vegetable soaps , fats , waxes
20.         Non-ha logenated organic substances not employed as solvents
21          Inorganic substances without metals or metal compounds
22          Ashes and / or cinders
23          Soil , sand , clay including dredging spoils
24          Non-cyanidic tempering salts
25          Metallic dust , powder
26          Spent catalyst materials
27          Liquids or sludges containing metals or metal compounds
28          Residue from pollution control operations ( e.g . baghouse dusts , etc. )
            except ( 29), ( 30 ) and ( 33 )
♦ Certain redundancies with entries found in Annex II are intentional .
 ---pagebreak---                             12
29 Scrubber sludges
30 Sludges from water purification plants
31 Decarbonization residue
32 Ion-exchange column residue
33 Sewage sludges , untreated or unsuitable for use in agriculture
34 Waste waters not otherwise taken into account in Annex I-A
35 Residue from cleaning of tanks and / or equipment
36 Contaminated equipment
37 Contaminated containers ( e.g. packaging , gas cylinders , etc .)
   whose contents included one or more of the constituents
   listed in Annex II
38 Batteries and other electrical cells
39 Vegetable oi Is
40 Materials resulting from selective waste collections from
   households and which exhibit any of the characteristics
   listed in Annex III
41 Any other wastes which contain any of the constituents
   listed in Annex II
 ---pagebreak---                                      - 13 -
                                    ANNEX II
         CONSTITUENTS OF WASTES WHICH RENDER THEM HAZARDOUS WASTES *
             Wastes having as constituents :
  С1         Beryllium; beryllium compounds
  С2         Vanadium compounds
  СЗ         Chromium ( VI ) compounds
  С4         Cobalt compounds
  С5         Nickel compounds
  С6         Copper compounds
  С7         Zinc compounds
  С8         Arsenic ; arsenic compounds
  С9         Sélénium; sélénium compounds
С10          Silver compounds
С1 1         Cadmium; cadmium compounds
С12          Tin compounds
С13          Antimony ; antimony compounds
С14          Tellurium ; tellurium compounds
С15          Barium compounds , excluding barium sulfate
С16          Mercury ; mercury compounds
С17          Thallium ; thallium compounds
С18          Lead ; lead compounds
С19          Inorganic sulphides
С20          Inorganic fluorine compounds , excluding calcium fluoride
С21          Inorganic cyanides
С22          The following alkaline or alkaline earth metals : lithium,
             sodium , potassium , calcium , magnesium in uncombined form
С23          Acidic solutions or acids in solid form
С24          Basic solutions or bases in solid form
С25          Asbestos ( dust and fibres )
С26          Phosphorus ; phosphorus compounds , excluding mineral phosphates
С27          Metal carbonyls
С28          Peroxides
С29          Chlorates
СЗО          Perchlorates
С31          Azides
С32          PCBs and / or PCTs
СЗЗ          Pharmaceutical or veterinary compounds
С34          Biocides and phyto-pharmaceuticaL substances ( e.g . pesticides ,
             etc. )
С35          Infectious substances
С36          Creosotes
С37          Isocyanates , thiocyanates
С38          Organic cyanides ( e.g. nitriles , etc .)
С39          Phenols ; phenol compounds
С40          Halogenated solvents
С41          Organic solvents , excluding halogenated solvents
С42          Organohalogen compounds, excluding inert polymerized
             materials and other substances referred to in this Annex
♦ Certain redundancies with Generic Types of HAZARDOUS WASTES listed in
  Annex I are intentional .
 ---pagebreak---                             14
C43 Aromatic compounds ; polycyclic and heterocyclic
    organic compounds
C44 Aliphatic amines
C45 Aromatic amines
C46 Ethers
C47 Substances of an explosive character , excluding those
    listed elsewhere in this Annex
C48 Sulphur organic compounds
C49 Any congenor of polychlorinated di benzo-f uran
C50 Any congenor of polychlorinated dibenzo - p - dioxin
C51 Hydrocarbons and their oxygen , nitrogen and / or sulphur
    compounds not otherwise taken into account in this Annex
 ---pagebreak---                                       15 -
                                  ANNEX III
     CHARACTERISTICS OF WASTES WHICH RENDER THEM HAZARDOUS WASTES
H1    " Explosive ":   substances and preparations which may explode under
      the effect of flame or which are more sensitive to shocks or
      friction than dinitrobenzene ;
H2    " Oxidizing ": substances and preparations which exhibit highly
      exothermic reactions when in contact with other substances ,
      particularly flammable substances ;
H3-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 ;
H3-B  " Flammable ":   liquid substances and préparations having a flash
      point equal to or greater than 21°C and less than or equal to 55°C ;
H4    " Irritant ":   non-corrosive substances and preparations which ,
      through immediate , prolonged or repeated contact with the skin
      or mucous membrane , can cause inflammation ;
H5    " Harmful ":   substances and preparations which , if they are inhaled
      or ingested or if they penetrate the skin , may involve limited
      health risks ;
H6    " 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 ;
H7    " Carcinogenic ": substances or preparations which , if they are
      inhaled or ingested or if they penetrate the skin , may induce
      cancer or increase its incidence ;
H8    " Corrosive ":   substances and preparations which may destroy
       living tissue on contact ;
H9    " Infectious ": substances containing viable micro-organisms or their
      toxins which are known or reliably believed to cause disease in
      man or other living organisms ;
 ---pagebreak---                                          16 -
Hi 0     " Teratogenic ": 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 ;
Hi 1     " Mutagenic ": substances or preparations which , if they are inhaled
         or ingested or if they penetrate the skin , may induce hereditary
         genetic defects or increase their incidence ;
H12      Substances or preparations which release toxic or very toxic
         gases in contact with water , air or an acid ;
H13      Capable by any means , after disposal , of yielding another substance ,
         e.g. a leachate , which possesses any of the characteristics
         listed above ;
H14      " Ecotoxic ": substances and preparations which present or may
         present immediate or delayed risks for one or more sectors of
         the environment .
Notes
1.   Attribution of the hazard characteristics " toxic " ( and " very toxic "),
     " harmful ", " corrosive " and " irritant " is made on the basis of the
     criteria laid down by Annex VI , part I A and part II B of
     Council Directive 67 / 548 / EEC® as amended by Council Directive
     79/ 831 / EEC of 18 September 1979 . 7
2.   With regard to attribution of the characteristics " carcinogenic ",
     " teratogenic " and " mutagenic ", and with account taken of the state
     of the art , additional criteria are contained in the Guide to the
     classification and labelling of dangerous substances and preparations
     of Annex VI ( part II D ) to Directive 67 / 548 / EEC as amended by
     Commission Directive 83 / 467 / EEC of 29 July 1983.®
Test methods
The test methods serve to give specific meaning to the definitions
given in Annex III .
The methods to be used are those described in Annex V to Directive 67 / 548 / EEC
as amended by Commission Directive 84 / 449/ EEC of 25 April 1984" or by
subsequent Commission directives adapting Directive 67 / 548 / EEC to
technical progress . These methods are themselves based on the work and
recommendations of the competent international bodies , in particular
the OECD .
*0J L 196, 16.8.67 .
'oj L 259, 15.10.79 .
°0J L 257, 16.9.83 .
 0J L 251 , 19.9.84 .
 ---pagebreak---                                    - 17 -
                                  ANNEX IV
    CORRESPONDENCE TABLE BETWEEN THE ARTICLES OF DIRECTIVE 78 / 319 / EEC ,
      WHICH HAS BEEN REPEALED AND THE ARTICLES OF DIRECTIVE . / EEC
                             ON HAZARDOUS WASTE
Directive 78 / 319 / EEC                   Directive . / EEC
Articles repealed                          New articles
Article  1                                 Article 1(2 )
Article  2                                 Article 8(2 )
Article  3                                 Article 2
Article  4                                 - deleted ( Art . 3(1 ) of
                                             Directive 75 / 442 / EEC )
Article 5(1 )                              - deleted ( Article 4 of Directive
                                             75 / 442 / EEC )
Article 5(2 )                              Article 3
Article 6                                  - deleted      ( Art . 5 of
                                             Directive 75 / 442 / EEC )
Artide   7                                 Article 4
Artide   8                                 deleted
Artide   9                                 Article 5(1 )
Artide   10                                Artide 6
Artide   11                                Artide 9
Artide   12                                Artide 10
Artide   13                                Artide 11
Artide   14(1 )                            Artide 7(1 )
Artide   14(2 )                            Article 8
Artide 14(3)                               Article 7(2 )
Artide   15                                Article 7(1 )
Artide   16                                Article 12
Artide   17                                Article 13
Artide   18                                Article 14
Artide   19                                - deleted ( Article 12c of
                                           Directive 75 / 442 / EEC )
Article 20                                 Article 15
Article 21                                 Article 17
Article 22                                 Article 19
Annex                                      Annex II