CELEX: 51976PC0385
Language: en
Date: 1976-07-22
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON TOXIC AND DANGEROUS WASTES. (submitted to the Council by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                            COM(76)385 final      .
                                            Brussels , 22 Julv 197° *
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                         PROPOSAL FOR A COUNCIL DIRECTIVE
             ί
                          OF TOXIC AND DANGEROUS WASTES .               ,
                                                     \
                  ( submitted to the Council "by the Commission )
                                                                      '   \
   C OH(76 ) 385 final .
 ---pagebreak---                                            T -                νΜ/Ί5/Ί6 - Ξ
 EXPLANATORY MEM3HANHJM
 A.    rroorocTioF
 1.    The aim of "this Directive - which is presented in pursuance of the
European Communities * Programme of Action on the Environment ( 1 ) - concerns
 the establishment by the Member States , in accordance with certain
principles and procedures , of a system of controls and safeguard measures ,
 which are meant to ensure that toxic and dangerous wastes are disposed
 of without endangering human health and without harming the environment .
 2.    In its declaration of 22 November 1973 on the above mentioned
Programme of Action , the Council acknowledged that the disposal of toxic
and dangerous wastes is one of the most important problems for the
Community and that therefore it requires a solution extending beyond the
regional framework and possibly beyond national frontiers .
             "Even if the harmful , effects of the wastes do not
             extend beyond the immediate region, Community action
             may well become necessary if the elimination or re-use
             of the wastes are dependent on economic resources .  If
             the solutions adopted give rise to differences in the
             production and distribution conditions of certain goods ,
             these differences n>ay have repercussions on the
           . functioning of the Cramon Market and on international
             trade". ( 2 ) *
3»     The framework Directive on Waste of 15 July 1975 ( 3) which,
following the principles set up in the Programme of Aotion, lays down
the basic provisions relating to waste disposal and recovery, allows
for certain exceptions . It foresees inter alia the possibility of "
adopting specific Com&nmity rules , should the nature and characteristics
( 1 ) O.J. No C 112 , 20 December 1973
( 2) O.J. No C 112, 20 December 1973r p. 28 and 29.
( 3) O.J. To L 1 9.*. ?r Ju'y IT , r .
 ---pagebreak---                                         - 2 -                     EITV/75/76 - E
of certain types of wastes require it .        The Council has also adopted
a Directive of a specific nature on waste oils. ( 1 )
4*      The present proposal represents therefore an implementation of the
Programme of Action and fits within the framework provided "by the general
Directive on Waste . It accords with the guidelines and principles
defined by them , in providing for various problems inherent to toxic
and dangerous waste disposal operations .
5«      The proposal is the result of the work carried out "by the
Commission assisted by a working group of national experts and a sub­
group of scientific experts on toxic and dangerous waste .
B.      SUMMARY OF THE LEGAL SITUATION
1.      In pursuance of the Agreement of 5 March 1973 on information for
the Commission and for the Member States with a view to possible
harmonization throughout the Communities of urgent measures concerning
the protection of the environment ( 2 ), the Commission has been notified
of three legislative measures concerning the disposal of waste in
general and of toxic and dangerous waste in particular.
2«      On 8 November 1973 the Belgian Government sent to the Commission
the text of a draft law relating to Toxic Waste ( loi sur les dechets
toxiques ). On 11 February 1974 the Commission was notified of a draft
French law on Waste Disposal and Recovery ( loi relative a 1 ♦elimination
des dechets et a la recuperation des materiaux) and on 31 October 1975
of a draft Dutch law on Chemical Wastes and Used Oils (Regelen inzake
chemische afvalstoffen en afgewerkte olie - wet chemische afvalstoffe ).
The Belgian law came into force on 22 July 1974 and the French on
15 July 1975 * The Dutch bill has been ddfcpted by Parliament non H February
 1976 .
( 1 ) Council Directive of 16 June 1975 OJ* the disposal of waste oils ,
      O.J. No L 194 , 25 July 1975 , p. 23
( 2 ) O.J. No C 9 , 15 March 1973 . p . 1 / 2.
 ---pagebreak---                                                             ENV/75/76 - E
3»    As far as the other Member States are concerned , toxic waste
disposal comes within the provisions of either general pollution control ■
regulations (Denmark and the United Kingdom) or of general waste control
laws (Germany and Italy). Finally there are those Member States
(Ireland and Luxembourg) with virtually no legislation on the problem
at all *
4*    Mention must at last be made to the fact that in several Member
States specific regulations on toxic and dangerous waste disposal are
being drafted or are contemplated, although it must be some time yet
before they are in force .
5»    Therefore there exists in some Member States legislation governing
the disposal of toxic and dangerous waste . The scope of this
legislation, its field of application (collection, transport , storage
and treatment , etc.), the form and tasks of the various controlling
organizations , the financing systems and the penalties for infringements
however differ from one Member State to another.
6.    The above-mentioned Belgian law does not contain a complete
definition of the term "toxic waste" but specifies that it covers , in
so far as they might harm man or the environment , unused or unusable
products and wastes resulting from an industrial , commercial , artisaral ,
agricultural or scientific activity. This allows household wastes ,
amongst others , to be excluded from its provisions .       .
A detailed list of toxic wastes has been laid down by Royal Decree on
9 February 1976 (Arrête royal portant règlement général sur les déchets
toxiques ).
Under the law of 22 July 1974, the abandonment of toxic waste is prohibited
and a number of operations such as the offer for sale , the sale ,
acquisition, transfer , storage , destruction, processing, neutralisation and
elimination of toxic waste will be controlled by a system of authorizations#
The transport , import , export and transit of toxic waste will be regulated
by Royal Decrees .
 ---pagebreak---                                      - 4 -                  ENV/75/76 - E
The law confers on governors of provinces and mayors of communes wide
powers to prevent toxic waste from affecting the £ >alth and safety "both
of workers and the general public .
The producer of toxic waste is in principle liable to bear the cost of
disposal operations . The producer is also held responsible for any
damage which may be caused by the waste .
7»    In Denmark the Lav* on Environmental Protection ( lov no. 372 of
13 June 1973) contains general provisions on storage , treatment and
disposal of waste , which apply also to toxic and dangerous waste .
Treatment and disposal of waste are defined as " activities which can
cause excessive pollution" : The use of land for these purposes
therefore requires the approval of the County Council -under the above-
mentioned law.
Other dispositions applicable to toxic waste are to be found in the
Nature Conservation Law which, lays down , inter alia that sites for the
storage of waste must be approved by a Conservation Plan Committee .
Certain provisions of the Law on the Disposal and Treatment of Waste
Oils and Chemicals (Lov No. 178 of 24 May 1972 ) regulate specific aspects
of the toxic waste problem. According to this law , the Minister of the
Environment can lay down rules for the storage , transport and disposal
of waste products (whether or not toxic ) which result from the use of
mineral oils and chemicals as woll as obliging producers of waste oils
or waste chemicals to ensure that the waste is disposed of without harm
to man or the environment .
8.    In France the afore-mentioned law of 15 July 1975 provides for
waste disposal and recovery operations . It establishes amongst others
that whoever produces or holds waste which can be particularly harmful
to man or the environment must surrender it to an authorized
establishment .
 ---pagebreak---                                                            EW75/76 - E
Furthermore, the system set up in the law of 19 December 1917 , (loi
relative aux etablissements dangereux, insalubres ou incommodes )
concerns certain kinds of factories , shops etc. and applies to certain
categories of wastes and to oertain classes of disposal sites.
Establishments carrying on dangerous , insanitary, noxious or noisy
trades are divided into three classes , depending on the degree of
inconvenience caused. Thoss belonging to the first class must be sited
away from human dwellings . The Prefect grants authorization and fixes
the distances , but the question of distance is subjeot to the judge 's
ruling. Establishments falling within the second class are authorized
to operate only on condition that specified measures to avoid dangers
and inconveniences are taken. Finally , establishments falling into
class III are subject only to general regulations made for the benefit
of the neighbourhood , and in the interest of public health . No
authorization is needed , but prior notice must be given.
9»    The disposal of wastes is regulated for the whole of the German
Federal Republic by the "Law for the Disposal of Wastes" (Gesetz uber
die Beseitigung von Abfallen) of 7 June 1972. This is supplemented and
implemented in detail by laws of the Lander.
The general principle governing the disposal of waste under this law -
is that the interests of the general public must be safeguarded in
particular against :
      – danger to health and well-being of man ;
      – danger to domestic animals and wildlife ;
      – harmful effects on water, soil and useful plants ;     .
      – harmful environmental effects caused by air pollution or noise ;
      – harmful effects on nature , the countryside and urban development ;
      - risks to public safety.
The erection and operating of stationary waste disposal plants are subject
to licensing control. This involves publicity for the plans , plan
assessment and final approval . Approval will not be given if that would be
contrary to. the waste disposal plans which the Lander are required to draw up .
 ---pagebreak---                                       - 6 -                  ENV/ 75/ / -E
Neither will it "be given if :
      - the well being of the general public would be adversely affected ;
      - encroachments on the rights of some other person could not be
         prevented , or adequately compensated ;
      - it would be contrary to other provisions of public law.
10.   In Italy a law was passed in 1941 relating to the storage , transport
and disposal of waste from public places , dwellings and offices ( legge
n. 366 del 21 marzo 1941 )* It was a wartime measure which sought to provide
for the recycling of substances and materials . In 1971 a Parliament
Ecological Commission reported that this law has fallen almost completely
into disuse . Control over the treatment and disposal of toxic and dangerous
waste seems to be mainly vested in the Regional authorities .
11 .   In the Netherlands .    - the above–mentioned lavl on Chemical Waste
and Used Oil - of which only the Chemical Waste section is specifically
pertinent here – confer.® on the competent
minister the power to decide that the holders of chemical waste :
      - are obliged to treat , process or destroy the waste at the
         place where it is produced ;
      - or do not have the right , in certain cases , to keep this
         waste for a period longer than that set by the Ministei% order.
Under this law it is furthermore forbidden to transfer chemical waste to a
third party unless the latter is entitled to store , treat , process or
destroy such substances in accordance with an authorization.
Mention must be also made of the fact that other pieces of legislation
(the Waste Law, the Incineration Act , the Nuclear Energy Act and the
Pesticides Act ) all have a bearing on the problem of toxic and dangerous
wastes .
12.   In the United Kingdom - the main act which when implemented will
cover the treatment and disposal of toxic and dangerous wastes , will be the
Control of Pollution Act 1974 » which repeals the Deposit of Poisonous Waste
Act 1972. This is however a gradual process and is dependant on the Control
of Pollution Act being fully iraolemented . Very few of its provisions are yet
 ---pagebreak---                                      - 7 -                   ΕΚΥ/75ΛΓ6 - Ε
in force and the tine eoale for "bringing the remainder into effect is
presently •under consideration.
Part I of the Control of Pollution Act applies to the deposit of wastes
in general on land. It charges the Secretary of State to identify as
"Special Wastes'* those wastes which he considers as particularly dangerous
or difficult to handle or dispose of. The Secretary of State has also
the power to impose additional controls over the disposal of these special
wastes as well as over the site licensing procedure . These controls consist
of registration of producers of special wastes , notification to local
authorities and water authorities of the movement of such wastes for
disposal , and for most toxic substances , authorization "by the local
authorities of disposal methods .
The Department of the Environment is preparing Codes of Practice on a
number of toxic wastes . They are expected to form the basis for local
authority 's decisions on the conditions under which site licenses and
disposal authorizations may be granted .
13.    In Ireland and Luxembourg there is no overall law covering the
treatment or disposal of toxic and dangerous wastes , although some laws
on waste disposal in general do exist .
14.    It can be seen that in some cases there exists national legislation
covering the disposal of waste .  However , in the m^prity of cases there
is no comprehensive code governing the disposal of toxic and dangerous
waste . When national legislation which might be regarded as having some
bearing on toxic waste does exist , its scope varies .  The disparity
between the provisions already applicable or- in preparation in the various
Member States could create unequal conditions of competition , in particular
because the nationals of some Member States are obliged to respect more
stringent provisions in order to dispose of their toxic and dangerous
waste , and the functioning of the Common Market could be directly affected.
Therefore the solution of approximation of legislation in order to avoid
such distortions is indicated and this Directive is therefore based on
Article 100 of the Treaty of Rome .
 ---pagebreak---                                          - 8 -                BNV/73/7 <> - E
In accordance with the provisions of Article 100 the European Parliament
and the Economic and Social Committee are to be consulted .
60     cots:gnts oar tf? raHECTivs
1.     The present proposal is intended to define a common field cf action
within which rules on toxic find dangerous waste disposal are to he
applied.    The concepts of ''toxic and dangerous waste" and of " disposal "
are defined aad obligations arc- imposed on Member States to enerve that
disposal operations arc carried ov.t vri.th.out endangering humen health
and the environment .
Member States are furthermore required to take the necessary measures to
encourage the recycling and processing of toxic waste , the extraction of
raw materials and possibly of energy therefrom .
2.     Mention must be made of the fact that the list of toxic ani
dangerous substances as se 5 out in this proposal is the result of       '
preparatory studies carried out by the Commission in co-operation with
national experts .    It is foreseen that it may be amended in the light
of technical progress by an ad hoc Committee composed of representatives
of the Member States and chaired by a representative of the Commission.
3.     The Directive lays doT.-;n tha-j toxic and dangerous wastes can be
disposed of only by the installations , establishments or undertakings
authorized by the competent national authorities to do so on their own
accc'int and/or on behalf of third parties .
It also establishes that any holder of toxic waste who has not been
granted such an authorization , is required to deliver the waste to an
authorized installation .
4»     In order to ensure maximum co-ordination at national and Commtaiity
level , it is foreseen that special plans for the disposal cf toxic and
drngerous waste shall be drawn up and kept up to date by the competent
national authorities .     Member Siates shall forward them to the Commission
and draw up every three years a situation report on the disposal of toxic
and dangerous waste in their respective countries .
 ---pagebreak---                                     - 9 -                  ETV/75/76 - E
5.    The Commission's role in implementing -this Directive might
include the elaboration of codes of practice for the disposal of specific
toxic and dangerous waste . The Commission shall furthermore report,
every three years to the Council and to the European Parliament on the
implementation of the present Directive .
 ---pagebreak---                                            - 10 -                  E^/75 / 76 - E
     rRA?'T,PPqP0 3AI , FO R A. COlUCIh DIRECTIVE! 017 TOXIC AND DAHHSR0U3 WAST?]
THE COUNCIL OP THE EUROPEAN COMHUEITTTiS ,
Having regard to the Tract" 7- establishing the European Community , end.
in particular Article 100 thereof ;
Having regard, to the proposal from the C omission ;
Having regard, to the Opinion of the European Parliament J
Having regard to the Opinion of the Economic and Sooial Committee ;
Whereas national prcvisionr on to:dc and dangerous waste disposal differ
from one Mcr.oer State to another , thus creating unequal conditions of
competition end consequently dr.^octly affooting the functioning of the
Comr.jn Market ;   whereas it is therefore necessary to approximate laws in
this field ;
Whereas , the Programre of Action of the Pur op ecu Communities on the
Environment ( 1 ) stresses the need for Community action , in order to
control the disposal cf toxic and dangerous wastes ;
l.hercas the essential objective cf all provisions relating to toxic and
dangerous waste disposal must be the protection cf human health and the
safeguarding of the environment against harmful effects caused ty the
coIf;ction of toxic and dangerous waste as well as its storage and tipping ;
IJhereas to obtain this objective it is necessary to regulate specifically
toxic and dangerous wastes which the holder disposes of or is required to
dispose of under the provisions of national lav; in force , with the
exception of radioactive } agricultural and hospital waste , animal carcasses ,
explosive substances , waste waters , gaseous effluents and waste covered
by specific Coramuni :.y rules ;
Vfherear. the recovery of to~:ic and dangerous waste and the use of recovered
materials should be encouraged in order to conserve natural resources ;
( 1 ) O.J. Ho C 112 , 20 Decemcer 1973 , p » 28 and 29 .
 ---pagebreak---                                     - 11                  ETV/75/76 - E
Whereas in order to ensure an effective protection of the environment
provision should he made for a miform system of authorizations for
undertakings which dispose of their own toxic and dangerous waste and for
those which dispose of the waste of others 5 whereas unauthorized holders
of toxic and dangerous waste should deliver it only to authorized
undertakings ;
Whereas any holder of toxic and dangerous waste who causes it to "be disposed
of "by an unauthorized undertaking should he jointly liable with that
undertaking for any damage caused to a third party hy the waste ;
Whereas that proportion of the costs of the disposal of toxic and
dangerous wastes not covered hy the proceeds of treating the waste must he
defrayed in accordance with the "polluter pays" principle ?
Whereas provisions should he made for a system of supervision of disposers
of toxic and dangerous waste , for the keeping of proper records , to secure
that such waste when being transported is accompanied hy an identification
form, and for drawing up of a plan which takes into account all the
various waste disposal operations ;
Whereas in order to co-ordinate action in this field Member States
should draw up a situation report on the disposal of toxic and dangerous
waste ;
Whereas technical progress necessitates rapid adaptation of the list of
the toxic and dangerous wastes to which this Directive applies and of the
identification form ; whereas , in order to facilitate the introduction of
the measures required for this purpose , a procedure should be provided
for whereby close co-operation would be established between the Member
States and the Commission within a Committee on Adaptation to Technical
Progress ;
HAS ADOPTED THIS DIRECTIVE !
 ---pagebreak---                                                    - 12 -                  Ε:Γ//7 5/7 - Ε
Article 1
For the purpose of this Directive :
a)            "wa:-Jtc " moans any substance or object xjhich the holder disposes
               of or is required to dispose of pursuant to the provisions of
              national law in force ;
b)            " toxic and dangerous waste" means any wasto containing the
               substances or materials listed in Anne:: I of this Directive ;
c)            " disposal" means. :
              –      the collection , sorting, transport and treatment of toxic
                     and dar serous ; jasto as wol ?. as its storage and tipping above
                      or undor ground ;
              -      the transformation operations recessary for its r©~"use ,
                     recovery or recycling.
Art ? ile 2
MT.XC ^ -         i\4»
The following rjhall be excluded from the scope of this Directive :
               a)       radioactive uaste ;
              b)        animal carcassos and the follox/ing agricultural waste :
                        faecal matter and other substances usod in farming ;
               c)       exp7;>~ive substances ;
               d)       hospital iraste ;
               eJ       waste waters , with the exception of waste in licjuid form ;
               f)       gaseous efflusni,..: emitted into the atmosphere ;
               g)       other waste covered by specific Community rules .
Article 3
««mcvcm - \ucfï
Hom'jar States shall take the ri._~.es sary measures to enco^irage the
prevention , recycling and processing of toxic and dangerous wa&tc , the
 extraction of raw materials and possibly of energy therefrom and any
 other process for the ra-use of these wastes .
Hherevcr possible re-^ise , recovery or recycling should be applied as
preferred methods of treatment of toxic and c'mgerous waste .
 ---pagebreak---                                      - 13 -                 Erry/75/76 - E
Article 4
1.    Member States shall take the necessary measures to ensure that
      toxic and dangerous waste is disposed of without endangering
      human health and without harming the environment , and in
      particular s
             – without risk to water , air, soil and plants and animals ;
             – without causing a nuisance through noise or odours ;
             – without adversely affecting the oountryside or places
               of special interest .
2.    Member States shall in particular take the necessary measures to
      prohibit the abandonment and the uncontrolled discharge or deposit
      of toxic and dangerous waste , as well as its consignment to ,
      installations , establishments or undertakings other than those
      authorized to dispose of it under Article 7«1 «
Article 5
Member States shall establish or designate the competent authorities to
be responsible in a given zone for the planning, organization,
authorization and supervision of toxic and dangerous waste disposal     '
operations .
Article 6
Member States shall take the necessary measures to ensure that :
      – toxic and dangerous waste is collected , transported and stored
        separately from other matter and residues ,
      • the containers for toxic and dangerous waste are appropriately
        labelled , giving in particular the nature , composition and
        quantity of the waste ,
      - the identification of toxic and dangerous waste remains possible.
Article 7
1.    The installations , establishments or undertakings who carry out the
      disposal of toxic and dangerous waste on their own r-cccrunt and/or on
      behalf of third parties must obtain an authorization from the
      competent authorities .
 ---pagebreak---                                           - 14 -               *-T r /'7C
                                                               - u- 1 V ' J l ° ~ -1-1
2.      The authorization referred to in paragraph 1 shall relate in
        particular to :
             – the t^*pe and quantity of waste to be treated ,
             – technical r£jcn>. '.rnments ,
             – precautions co "be taken ,     .
             -- appropriate labelling ,
             – methods of disposal ,
             – specific information to he made available at the request
                of the competent authorities .
3*      The authorizations nay "be granted for a specified period and
        conditions and obligations may be incorporated therein .
Article 8
Any holder of toxic and dangeroiis waste tfho has not oeen granted an
authorization pursuant to Article 7 « shall place it at the disposal of
the installations , establishments or underta^d-ngs referred to in
Article 7»1 »
^ rtic.ie 9
Any holder of such waste who causes it to be disposed of by an
installation , establishment or undertaking not authorized to dispose of
it under Article 7«1 » rhall be jointly liable with That installation ,
establishment or undertaking , for any damage caused to a third prrty
by the ua^te «
Article 10
Tlie competent authorities shall ensure that the installations ,
establishments and undertakings referred to in Article 7 • 1 » subject to
their disposal capacity and without prejudice to the previsions of
Article 4 » do not practice any discrimination on grounds of the orijin
of the waste .
 ---pagebreak---                                        - 15 -                 ENVASAS - E
  Artide 11
  In accordance with the "polluter pays" principle , the cost of disposing of
  toxic and ^Wng ^reus" waste , less any proceeds from treating the waste ,
  shall be borne by :
        - the holder who has waste handled "by an installation,
           establishment or undertaking referred to in Article 7 • 1 • J
        - and/or the previous holders or the producers of the product
           from which the waste came .
  Article 12
  1.    The competent authorities shall be required to draw up and keep
        up to date special plans for the disposal of toxic and dangerous
        waste . The plans shall cover in particular s
             -   specialised treatment centres and sites
             -   technical requirements
             –   the type and quantity of waste to "be disposed of
             <-  the persons authorized to dispose of toxic and dangerous
                 waste
             – the methods of disposal.
        The plans may also cover the estimated costs of the disposal
        operations .
• 2.    Member States shall publish the plans referred to in paragraph 1
        and forward them to the Commission.
  3.    Member States and the Commission shall examine comparatively the
                                                                   I
        plans with a view to ensuring maximum co-ordination at national
        and Community level , especially concerning their cross-frontier
        effects.                                                   !
 ---pagebreak---                                       - 16 -                  ETV/75/76 - E
Articic 13
In case of e-nergency or grave danger, the competent authorities may,
after giving notice wherever possible to the holder , order that toxic
and dangerous waste which is likely to constitute a threat to the
population or the environment be transferred and , if need "be , treated
at a place to "be stipulated by the said authorities *
1.    Any person who produces , holds and/or disposes of toxic and
      dangerous waste shall :
           - keep a register containing details of the type ,
              technical characteristics , quantities , quality , origin
              and localisation of such waste and cf the dates of its
              takeover and transfer ;
           -  make this information available at the request of the
              competent authorities .
2.    When toxic and dangerous v/aste is transported in the course of
      disposal it shall be accompanied by the identification form set
      out in Annex II .
3.    Documentary evidence of the execution of the disposal operations
      shall be kept for at least five years .
Article 15
1.    Any person producing, holding and/or disposing of toxic and
      dangerous waste shall be subject at any time to inspection and
      supervision by the competent authorities to ensure that the
      provisions adopted in application of this Directive and the terns
      of any authorization are effectively fulfilled.
2.    The installations , establishments or undertakings concerned shall
      grant the representatives of the competent authorities freedom of
      access to carry out any examinations , inspections or inquiries , to
      take samples and to gather any information concerning the waste
      which they judge necessary for the fulfilment of their duties and
      to the extent that it is essential for the disposal of the waste .
 ---pagebreak---                                        - 17                    ΕΚΎ/75/76 - Ε
Article 16
1,    Every three years and for the first time eighteen months following
      the notification of this Directive , Member States shall draw up
      a situation report on the disposal of toxic and dangerous waste
      in their respective countries and shall forward it to the
      Conmissicn.     The Commission shall circulate this report to the
      other Member States .
2.    The Commission shall report every three years to the Council and
      to the European Parliament on the application of this Directive .
Article 17
The Annexes shall form an integral part of this Directive .
Article 18
1.    Such amendments as are necessary for adapting the Annexes to
      technical progress shall be adopted in accordance with the procedure
      laid dowr. in Article 20 .
2.    In adapting Annex 1 to technical progress there shall "be taken into
      account the immediate or long term hazard to man and the environment
      presented "by other wastes "by reason of their toxicity , persistance
      ■fcicaccuraulative characteristics , physical and chemical form and/or
      quantity.
Article 19
 1.   A Committee on Adaptation to Technical Progress of this Directive
       (hereinafter called the "committee" ) is hereby set up. It shall
       consist of representatives of the Member States and "be chaired "by
      a representative of the Commission.
2,     The committee shall draw up its own rules of procedure.
 ---pagebreak---                                        - 18 -
Article 20
1.    Where the procedure laid down in this Article is to be followed
      matters shall be referred to the Committee by the Chairman , cither      *
      on his own initiative or at the request of the representative of a
      Member State .        -      ' '                            *•
2.    The renresentative of the Commission shall submit to the Connitteo a
      draft of the measures to he adopted . The Committee shall deliver its
      Opinion on the draft within a time limit which may bo determined by
       the Chairman according to the urgency of the matter . It shall decide
      by a majority of 41 votes , the votes of the Msmber States being
      weighted as provided for in Article 143 ( 2 ) of the Treaty . The Chai'–
      nan shall not vote .
3.    a ) The Commission sl'iall adopt the measures envisaged where these are
       in accordance with the Opinion of the Conn it tee ;
      b ) ! .'hen the measures envisaged are not in accordance with the Opinion
      of the Committee , or if no opinion is adopted , the Commission shs I I
      without delay , propose to the Council the r. cesuros to be adopted .
      The Council shall act by a qualified isa-jority .
      c ) If , within three months of the proposal being submitted to it , the
      Council has not ' acted, the measures proposed sfnll •?«          f>v the
      Corcnisslor . "
Article 21
Member states shall bring into force the measures needed in order to comply
with this Directive within 18 months of its notification . They shall forth­
with inform the Commission thereof .
 ---pagebreak---                                      - 19 -                 MV/75/76 - E
Article 22
Member States shall communicate to the Commission the texts of the mam
provisions of national law which they adopt in the field covered "by this
Directive#
Article 23
This Directive is addressed to the Member States .
Done at Er'-ssels ,                   For the Council .
                                      The President .
 ---pagebreak---                                       - 20 -               ENV/75/T6 - E
                                   Annex  I
                                          ι
Toxic and dangerous substances or materials :
      Arsenic and its compounds
      Mercury and its compounds
      Cadmium and its compounds
      Thallium and its compounds
      Beryllium and its compounds
      Chrome (Cr VI )
      Lead and its compounds
      Antimony and its compounds
      Phenols
      Cyanides , "but excluding ferro- and ferrioyanides
      Isocyanates
      Organo-halogen compounds from processing, "but excluding inert
      polymeric materials and other subsbnces covered elsewhere "by the
      list of the present directive or covered "by othor directives .
      Chlorinated solvents
      Aromatic solvents
      Biocides and phyto-pharmaceutical substances
      Tarry materials
      Pharmaceutical substances from processing
      Peroxides , chlorates and azidcs
      Ethers
      Laboratory materials .
 ---pagebreak---                                        - 21 -                    Effv/75/76 - 3
                                 Anne*  I contd .
The following substances or materials are however not included as long as they
are not contaminated by those listed under point A above :
      Rocks , e.g. basalt , gravel , marble , marl , slate , anhydridos ;
      Soils , e.g. sand , clay ;
      Ceramic materials , e.g. pottery , porcelain , brick ;
      Enamelled products ;
      Glass products ;
                                 »...    r
      Vegetable materials or products , e.g. grass , straw , wood, foliage ,
      vegetables , fruits ;                    . .
      Materials from construction end scrap iron ;
      Paper and cardboard .
 ---pagebreak---                       - 22 -      Etnr/75 m - e
                    Annex   II
Identification form
                          ' :' 'i
 ---pagebreak---                                                           ENY/75/76-E
                                                          Orig . : F
                     FINANCIAL RECORD SHEET
Annexed to the proposal for a Council directive on toxic and dangerous
                             wastes
1 . Relevant budget heading ;    Article 251
2 . Title of budget heading ;    Committees
3 . Legal basis : Proposal being prepared by the departments concerned .
4 . Description , aims and grounds for the prc.ject :
    This proposal for a directive contains certain detailed rules with
    a view to the establishment by the Member States of a monitoring
    system designed to ensure that toxic and dangerous wastes are destroys
    without endangering human health or the environment . It embodies the
    principle that advance authorization by the competent national autho­
    rities is required for the destruction of toxic and dangerous waste .
    Toxic and dangerous wastes are defined and a list of particularly
    harmful substances is attached to the directive (Annex I ). A toxic
    waste identification form is also annexed . The directive proposes
    the setting up of an ad hoc Committee to bring the two Annexes into
    line with technical progress .
5 » Appropriations ;   for 1977
    Article 251 :     meeting of the Committee
    Meetings :         3
    Participants :   19   (2 governemoktexperts for each member country ,
                           1 Commission representative )
    Expenditure :    ( 115-200 x 3 ) + 8.9 % = BFSs . 376.257
                     (2 government     ( inflation rate
                       experts per       allowed for )
                       country )
                                              =   7 • 525 u.a .
 ---pagebreak---                                   - 2 -                ENV/ 75/76-ÏÏ
6 . Appropriationa to be entered in future budgets :
     Appropriations along the lines of, the forecasts for 1977 should be
   . included each year in future budgets , since the duties involved and
     the body to be eet up are of a permanent nature .