CELEX: 51993PC0425
Language: en
Date: 1993-09-21
Title: Proposal for a COUNCIL DIRECTIVE amending Directive 91/689/EEC on hazardous waste

No C 271 / 16                               Official Journal of the European Communities                                    7 . 10 . 93
             24.61.14      Signalling flares, rain rockets, fog           24.61.14  Signalling flares, rain rockets, fog
                           signals and other pyrotechnic articles,                  signals and other pyrotechnic articles,
                           excluding fireworks                                      excluding fireworks
                                                                          24.61.15  Prepared explosives
                                                                          24.61.16  Gunpowders
                                                                          24.61.17  Detonators
                                                       Categories 27.10.2 and 27.10.3
             27.10.2       Ingots, other primary forms and semi­          27.10.2 . Ingots, other primary forms and semi
                           finished products of iron or non-alloy                   finished products of iron and steel
                           steel
             27.10.20 Ingots, other primary forms and semi­                         Deleted
                           finished products of iron or non-alloy
                           steel
             27.10.3       Ingots, other primary forms and semi­                    Deleted
                           finished products of stainless steel or
                           other alloy steel
             27.10.30      Ingots, other primary forms and semi­                    Deleted
                           finished products of stainless steel or
                           other alloy steel
                  Proposal for a Council Directive amending Directive 91 /689/EEC on hazardous waste
                                                             (93/C 271 /06)
                                                           COM(93) 425 final
                                         (Submitted by the Commission on 21 Septemter 1993)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 91 /692 /EEC (3), that it has not been possible, within the
                                                                         time limits fixed by Directive 91 /689/EEC, to define
Having regard to the Treaty establishing the European                    hazardous waste in terms of an inclusive binding list as
Economic Community, and in particular Article 130s                       required by Article 1 (4);
thereof,
Having regard to the proposal from the Commission,                       Whereas it is necessary to ensure the implementation of
                                                                         Directive 91 /689/EEC with a minimum of delay;
Having regard to the opinion of the European
Parliament,
                                                                         Whereas as a consequence, it is necessary to amend the
                                                                         definition    of  hazardous     waste    in  order that    the
Having regard to the opinion of the Economic and
Social Committee,                                                        implementation of Directive 91 /689/EEC no longer
                                                                         requires the previous establishment of an inclusive and
                                                                         binding list of hazardous waste ;
Whereas the implementation of Directive 91 /689/
EEC O depends on the establishment by the
Commission of an inclusive and binding list of hazardous
waste ;                                                                  Whereas it is necessary to establish a Community list of
                                                                         hazardous waste in accordance with the procedure laid
                                                                         down in Article 18 of Directive 75/442/EEC, taking into
Whereas it has become apparent, through the work of                      account the Annexes to Directive 91 /689/EEC ;
the committee provided for in Article 18 of Directive
75 /442 /EEC (2), as last amended by Directive
O OJ No L 377, 31 . 12 . 1991 , p. 20.
(2) OJ No L 194 , 25 . 7 . 1975, p. 47 .                                 (3) OJ No L 377, 31 . 12. 1991 , p. 48 .
 ---pagebreak--- 7. 10. 93                                Official Journal of the European Communities                              No C 271 / 17
Whereas it is therefore necessary to postpone the repeal                        laid   down      in   Article 18  of   Directive
of Council Directive 78 / 319 /EEC ('),                                         75 / 442 /EEC with a view to adaptation of the
                                                                                Community list.';
HAS ADOPTED THIS DIRECTIVE :
                                                                   2. Article 10 is replaced by the following :
                            Article 1
                                                                       A
                                                                       ' rticle 10
Directive 91 /689/EEC is amended as follows :
                                                                       1 . Member States shall bring into force the laws,
1 . Article 1 (4) is replaced by the following :                      regulations and administrative provisions necessary to
                                                                      comply with this Directive by 31 December 1994.
    *4. (a) For the purpose of this Directive "hazardous              They shall immediately inform the Commission
            waste" means any substance or object                      thereof.
            belonging to the categories or generic types of
            waste set out in Annex I, taking into account             When Member States adopt these provisions, these
            the constituents referred to in Annex II, and             shall contain a reference to this Directive or shall be
            which display one or more of the properties               accompanied by such reference at the time of their
            listed in Annex III .                                     official publication. The procedure for such reference
                                                                      shall be adopted by Member States .
        (b) The Commission, in accordance with the
            procedure laid down in Article 1 8 of Directive           2.     Member       States    shall  communicate  to   the
            75 /442/EEC, shall draw up a Community list               Commission the texts of the main provisions of
            of hazardous waste. The Community list shall              national law which they adopt in the field covered by
            take into account the origin and composition              this Directive.';
            of the waste and, where necessary, limit values
            of concentration. This list shall be periodically      3. Article 11 is replaced by the following :
            reviewed and, if necessary, revised by the                 Article 11
            same procedure .
                                                                      Directive 78 /319/EEC is hereby repealed with effect
            Once a Community list of hazardous waste is               from 31 December 1994 .'
            established, any decision by a Member State
            to consider categories of waste as hazardous                                       Article 2
            waste shall be notified to the Commission and
            reviewed in accordance with the procedure              This Directive is addressed to the Member States .
                                                                                                                                 /
                                                                          «
O OJ No L 84, 31 . 3 . 1978 , p. 43 .