CELEX: 51988PC0391(02)
Language: en
Date: 1988-08-05
Title: PROPOSAL FOR A COUNCIL DIRECTIVE ON HAZARDOUS WASTE

No C 295/8                              Official Journal of the European Communities                               19. 11. 88
                                     Proposal for a Council Directive on hazardous waste
                                                COM(88) 399 final — SYN 165
                                      (Submitted by the Commission on 16 August 1988)
                                                         (88/C 295/04)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                           Whereas it is necessary, in order to improve the effi-
                                                                   ciency of the management of hazardous waste in the
                                                                   Community, to use a precise and uniform definition of
Having regard to the Treaty establishing the European              hazardous waste based on experience;
Economic Community, and in particular Article 100a
thereof,
                                                                   Whereas the general rules applying to waste disposal,
                                                                   which     are   laid   down     by    Council    Directive
Having regard to the proposal from the Commission,                 75/442/EEC (3), as amended by Directive . . . , also apply
                                                                   to the disposal of hazardous waste;
In cooperation with the European Parliament,
                                                                   Whereas the correct disposal of hazardous waste
Having regard to the opinion of the Economic and                   necessitates additional, more stringent rules to take
Social Committee,                                                  account of the special nature of such waste; whereas it is
                                                                   necessary to ensure that disposal, and in particular
                                                                   transport, of this waste is monitored in the fullest
Whereas any disparity between the laws of the Member               manner possible;
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 when Member States charge levies on the
whereas it is therefore necessary to approximate laws in           monies used to cover the cost of disposing of hazardous
this field;                                                        waste following the 'polluter pays' principle, the yield
                                                                   thereof may be used, among other things, for financing
                                                                   supervisory measures relating to hazardous waste as well
Whereas Council Directive 78/319/EEC of 20 March                   as financing research pertaining to the elimination of
 1978 on toxic and dangerous waste (x) established                 hazardous waste;
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              Whereas the data currently available on the qualitative
States, it is necessary to amend the rules and to replace
                                                                   and quantitative aspects of waste management is wholly
Directive 78/319/EEC by this Directive;
                                                                   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
Whereas the action programme of the European
                                                                   correct disposal of this waste;
 Communities on thex 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               Whereas it must be possible rapidly to adapt the
the Council, on the continuation and implementation of             provisions of this Directive to technical progress and
a European Community policy and action programme on                whereas the Committee on the adaptation to technical
the environment (1987 to 1992) (2), provides for                   progress set up by Directive 75/442/EEC must also be
Community measures to improve the conditions under                 empowered to adapt the provisions of this Directive to
which hazardous wastes are disposed of;                            technical progress;
Whereas the Commission's proposal takes as a base a                Whereas Council Directive 84/631/EEC of 6 December
high level of environmental protection with as much                 1984 on the supervision and control within the European
regard to the definition as to the disposal of hazardous           Community of the transfrontier shipment of hazardous
waste;                                                             waste (4), which lays down common rules for trans-
                                                                   frontier movements of such waste, refers in several
                                                                   Articles to Directive 78/319/EEC and whereas it is
(*) OJ No L 84, 31. 3. 1978, p. 43.                                O OJ No L 194, 25. 7. 1975, p. 47.
 (2) OJ No C 328, 7. 12. 1987, p. 1.                               (4) OJ No L 326, 13. 12. 1985, p. 31.
 ---pagebreak---  19. 11. 88                           Official Journal of the European Communities                             No C 295/9
therefore necessary to make amendments of form to the                                      Article 5
text of Directive 84/631/EEC in order to incorporate
                                                                 1.    The provisions of Article 8 of Directive
explicit references to the corresponding provisions of this
                                                                 75/442/EEC on permits shall apply to any establishment
Directive,
                                                                 or undertaking which treats hazardous wastes, including
                                                                 those carrying out the operations specified in Annex II B
                                                                 to Directive 75/442/EEC.
HAS ADOPTED THIS DIRECTIVE:
                                                                 2.    Member States may require establishments or
                          Article 1                              undertakings which collect and/or transport hazardous
1.     The object of this Directive is to approximate the        waste to obtain a permit. The permit issued for such
laws of the Member States on the controlled disposal of          transport operations by a Member State shall be
hazardous waste.                                                 recognized by other Member States without further
                                                                 requirements.
2.     For the purposes of this Directive:
                                                                                           Article 6
'hazardous waste' means:                                        Any person producing or holding hazardous waste
                                                                without the permit referred to in Article 5 shall as soon
— any waste falling within one of the categories or              as possible have such waste disposed of by an estab-
    types of Waste specified in Annex I A, unless it can be      lishment or undertaking authorized or supervised by the
    proved to have none of the properties listed in Annex        competent authorities.
     III;
— any waste falling within one of the categories                                           Article 7
    specified in Annex I B and containing one of the
                                                                 1.    Any establishment or undertaking which produces,
    substances or materials listed in Annex II, unless it
                                                                holds or disposes of hazardous waste shall:
    can be proved to have none of the properties listed in
    Annex III;
                                                                — be subject to regular inspections by the competent
                                                                     authorities;
— any other waste displaying any of the properties
    listed in Annex III.
                                                                — keep a record of the quantity, nature, physical and
                                                                     chemical characteristics and origin of such waste, and
                          Article 2                                  of the methods and sites used for disposing of the
                                                                     waste, including the date of receipt and surrender;
Hazardous waste covered by specific Community rules
shall be excluded from the scope of this Directive.
                                                                — supply this information to the competent authorities
                                                                     on request.
                          Article 3
Member States shall take the necessary measures to              2.     Documentary evidence that the disposal operations
prohibit the uncontrolled abandonment, discharge,               have been carried out shall be kept for a least two years.
disposal and transport of hazardous waste.                      This evidence shall, where necessary, be sent to the
                                                                competent authorities of the Member State concerned.
                          Article 4
                                                                                          Article 8
Member States shall take the necessary measures to:
                                                                1.     Member States shall take the necessary measures to
— prohibit the mixing of hazardous wastes with other            ensure that the following conditions are met in the
    wastes, substances or materials in the course of            course of collection, transport and temporary storage:
    the disposal operations except for the purposes of
    Article 4 of Directive 75/442/EEC or for the                (a) the waste is properly packaged;
    purpose of improving safety during disposal;
                                                                (b) the containers carry appropriate labels stating the
— require that hazardous waste be kept separate from                 nature, composition and quantity of the waste and
    other waste during disposal operations where this is             the telephone number(s) of the person(s) to be
    necessary for technical reasons;                                 contacted in case of necessity;
— require that on every site used for the depositing of         (c) instructions are supplied with the waste regarding the
    hazardous waste the waste be identified and                      procedure to be followed in the event of danger or
    recorded.                                                        accident.
 ---pagebreak--- l^oC^BtO                                      Official journal of the European Communities                                                        r^ M        ^
^.       The conditions set out in paragraph 1 shall be                  ^5 The Commission shall compare these disposal
d e e m e d t o h a ^ e been met i n t h e case of transport operD       p l a n s ^ a n d i n p a r t i c u l a r t h e m e t h o d s o f disposalandthe
ations where a Member State applies equivalent                           technical standards laid down, ^ h e r e necessary the
provisions under theinternational transport contentions                  Commission shall prepare proposals to harmonize the
listed in Anne^ 11 to Loirecti^e ^BD^tBEEC to which                      technicaldisposal standards.
the^ are part^ provided that those contentions co^er
hazardous waste.
^.       The inspections provided for in ArticleB^regarding              In cases of emergenc^orgra^e dangers Member States
collection and transport operations shall co^er in                       shall take all necessary steps^ including^ where approD
particulars                                                              priate^ temporary derogations from this Loirecti^ to
                                                                         ensure that hazardous waste is so dealt with as not to
— the technical requirements concerning the ^ehicles^                    constituteathreat to the population or the environment.
                                                                         The Member States shall inform the Commission of such
— training for the drivers or persons responsible for the                derogations.
      transport operations.
The inspection procedures must be equivalent to the
provisions applicable to the carriage of hazardous goods                  t.      E^er^ three ^ears^ and for the first time on 1
laid down in the international transport contentions                     Septembers t^O^ Member States shall send the
listed in Anne^ 11 tofoirecti^e^BD^tBEEC^                                Commission a report on the measures taken to
                                                                         implement t h i s f o i r e c t i ^ e . r h i s r e p o r t s h a l l b e d r a w n u p
^t.      ^ h e r e hazardous waste is transferred for the                as part of the report provided for in Article t^pt^ of
purpose of disposal it shall be accompanied b^ an identP                 Poirecti^e ^ B ^ ^ B E E C                      in accordance with the
ficationformcontaining thedetails specified in Section                   procedureslaiddowntherein.
AofAnne^ltolOirecti^e^BDoUBEEC.
                                                                         ^.       Cm the basis of the reports referred to in paraD
                                                                         graph n die Commission shall publish a consolidated
                                                                         report as part of the report provided for in A r t i c l e t ^ ^
In accordance with the^polluterpa^principle^ the cost                    of Loirecti^e ^ B ^ ^ B E E C in accordance with the
of disposing of hazardous wasted less an^ proceeds from                  procedureslaiddowntherein.
r e u s e or reclamations shall be borne b ^
                                                                         ^.       In additions b ^ l j a n u a r ^ l ^ l theMember States
— the holder who consigns the waste to an undertaking                    shall send the Commission the following information for
      or establishment which carries out waste disposals                 e^er^establishmentorundertakingholdingapermit^
— andBor the previous holders or the producer of the                     — name and address^
      product which ga^e rise to the waste.
                                                                         — the method used to treat the wasted
                                                                         — the t^pes of waste which can be treated^
t.       The competent authorities of the Member States
shall draw up and keep up to date plans for the disposal                 — the scale of charges for treatments
of hazardous waste.Theplans^shallco^erinparticular^
                                                                         — the nature of waste resulting f^om the treatments
— the t^pes and quantities of waste to be disposed of^                   — operating data such as^
— the methods of disposals                                                     — the actual quantity of waste treated during the
                                                                                     ^ear^
— the authorized disposal sites and centres^                                   — capacity utilisation le^el in units of time.
— the technical standards and requirements laid down^                    COnce a ^ear^ Member States shall inform                                           the
                                                                         Commissionof an^changesinthisinformation.
— disused tips and contaminated sites which need to be
      kept under surveillance or reclaimed.                             l^he Commission shall make this information available
                                                                         on request to competent authorities in the Member
The competent authorities ma^ include other specific                     States.
aspects^ including the estimated cost of the disposal
operations.
^.       The competent authorities shall make public the                 .Phe amendmentsnecessar^foradaptingthe Annexes to
plans referred to in paragraph t. Member States shall                    this Poirecti^e to scientific and technical progress shall be
transmit these plans to the Commission b^ 1 ]anuar^                      adoptedinaccordance w i t h t h e p r o c e d u r e l a i d d o w n i n
                                                                         Article t^c of lOirecti^e^B^^BEEC
 ---pagebreak--- 19. 11. 88                                      Official Journal of the European Communities                                    No C 295/11
                                Article 14                                                               Article 17
The Committee for adaptation to scientific and technical                         1.     Member States shall bring into force the laws,
progress set up under Article 12b of Directive                                   regulations and administrative provisions necessary to
75/442/EEC shall also be responsible for examining the                           comply with this Directive with effect from 1 January
amendments considered pursuant to Article 13 of this                             1990. They shall forthwith inform the Commission
Directive.                                                                       thereof.
                                                                                 2.     Member States shall communicate to the
                                Article 15                                       Commission the texts of the provisions of national law
Member States shall prohibit all acts which intentionally                        which they adopt in the field covered by this Directive.
or in effect circumvent the provisions of this Directive.
                                                                                                         Article 18
                                Article 16                                       1.     Directive 78/319/EEC      is hereby repealed with
                                                                                 effect from 1 January 1990.
Directive 84/631 / E E C is hereby amended as follows:
                                                                                 2.     References to the Directive repealed by para-
(a) in Article 2 (1), point (f) is replaced by the                               graph 1 shall be understood as references to this
    following:                                                                   Directive. References to Articles of the repealed
    '(f) 'disposal' means disposal within the meaning of                         Directive are to be read in accordance with the corre-
    Article 1(b) of Directive 7 5 / 4 4 2 / E E C ;                              spondence table contained in Annex IV.
(b) in Article 15, the words 'Article 18 of Directive                                                    Article 19
    7 8 / 3 1 9 / E E C shall be replaced by the words 'Article
     12b of Directive 7 5 / 4 4 2 / E E C .                                      This Directive is addressed to the Member States.
                                                                      ANNEX 1
                                    CATEGORIES OR GENERIC TYPES OF HAZARDOUS WASTES (')
                                                   (wastes may be liquid, sludge or solid in form)
                  ANNEX A
                  Wastes which consist of:
                    1 Anatomical substances; hospital and other clinical wastes
                    2 Pharmaceuticals, drugs, medicines and veterinary compounds
                    3 Wood preservatives
                    4 Biocides and phyto-pharmaceutical 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.)
                    9 Oil/water, hydrocarbon/water mixtures, emulsions
                  10 Substances containing PCBs and/or PCTs (e.g. dielectrics, etc.)
                  11 Tarry materials arising from refining, distillation and any pyrolytic treatment (e.g. still bottoms, etc.)
                  (') Certain redundancies with entries found in Annex II are intentional.
 ---pagebreak--- N o C 295/12                             Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s         19. 11. 88
            12 Inks, dyes, pigments, paints, laquers, varnishes
            13 Resins, latex, plasticizers, glues/adhesives
            14 Chemical substances arising from research and development or teaching activities which are not iden-
               tified and/or are new and whose effects on man and/or the environment are not known (e.g.
               laboratory residues, etc.)
            15 Pyrotechnics and other explosive materials
            16 Photographic chemicals and processing materials
            17 Any material contaminated with any congenor of polychlorinated dibenzo-furan
            18 Any material contaminated with any congenor of polychlorinated dibenzo-p-dioxin
           ANNEX B
           Wastes which contain any of the constituents listed in Annex II and consisting of:
            19 Animal or vegetable soaps, fats, waxes
           20 Non-halogenated 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)
            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 oils
            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--- 19. 11. 88                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s    N o C 295/13
                                                                   ANNEX      II
                   CONSTITUENTS O F WASTES W H I C H RENDER T H E M HAZARDOUS WASTES (*)
            Wastes having as constituents:
            C 1    Beryllium; beryllium compounds
            C2    Vanadium compounds
            C 3    Chromium (VI) compounds
            C 4    Cobalt compounds
            C 5    Nickel compounds
            C6     Copper compounds
            C7    Zinc compounds
            C 8   Arsenic; arsenic compounds
            C 9    Selenium; selenium compounds
            CIO Silver compounds
            C 11 Cadmium; cadmium compounds
            C 12 Tin compounds
            C 13 Antimony; antimony compounds
            C 14 Tellurium; tellurium compounds
            C 15 Barium compounds, excluding barium sulphate
            C 16 Mercury; mercury compounds
           C 17 Thallium; thallium compounds
           C 18 Lead; lead compounds
           C 19 Inorganic sulphides
           C 20 Inorganic fluorine compounds, excluding calcium fluoride
           C 21 Inorganic cyanides
           C 22 The following alkaline or alkaline earth metals: lithium, sodium, potassium, calcium, magnesium in
                  uncombined form
           C 23 Acidic solutions or acids in solid form
           C 24 Basic solutions or bases in solid form
           C 25 Asbestos (dust and fibres)
           C 26 Phosphorus; phosphorus compounds, excluding mineral phosphates
           C 27 Metal carbonyls
           C 28 Peroxides
           C 2 9 Chlorates
           C 30 Perchlorates
           C 31 Azides
           (') Certain redundancies with generic types of hazardous wastes listed in Annex I are intentional.
 ---pagebreak--- N o C 295/14                           Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s           19. 11. 88
           C 32 PCBs and/or PCTs
           C 33 Pharmaceutical or veterinary compounds
           C 34 Biocides and phyto-pharmaceutical substances (e.g. pesticides, etc.)
           C 35 Infectious substances
           C 36 Creosotes
           C 37 Isocyanates, thiocyanates
           C 38 Organic cyanides (e.g. nitriles, etc.)
           C 39 Phenols; phenol compounds
           C 40 Halogenated solvents
           C 41 Organic solvents, excluding halogenated solvents
           C 42 Organohalogen compounds, excluding inert polymerized materials and other substances referred to
                in this Annex
           C 43 Aromatic compounds; polycyclic and heterocyclic organic compounds
           C 44 Aliphatic amines
           C 45 Aromatic amines
           C 46 Ethers
           C 47 Substances of an explosive character, excluding those listed elsewhere in this Annex
           C 48 Sulphur organic compounds
           C 49 Any congenor of polychlorinated dibenzo-furan
           C 50 Any congenor of polychlorinated dibenzo-p-dioxin
           C 51 Hydrocarbons and their oxygen, nitrogen and/or sulphur compounds not otherwise taken into
                account in this Annex
                                                                ANNEX      HI
                 CHARACTERISTICS OF WASTES W H I C H RENDER T H E M HAZARDOUS WASTES
           H 1    'Explosive': substances and preparations which may explode under the effect of flame or which are
                  more sensitive to shocks or friction than dinitrobenzene;
           H 2    'Oxidizing': substances and preparations which exhibit highly exothermic reactions when in contact
                  with other substances, particularly flammable substances;
           H 3-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;
           H 3-B 'Flammable': liquid substances and preparations 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;
 ---pagebreak--- 19. 11. 88                                Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s              N o C 295/15
           H 5     'Harmful': substances and preparations which, if they are inhaled or ingested or if they penetrate
                   the skin, may involve limited health risks;
           H 6     '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;
           H 7     'Carcinogenic': substances or preparations which, if they are inhaled or ingested or if they penetrate
                   the skin, may induce cancer or increase its incidence;
           H 8     'Corrosive': substances and preparations which may destroy living tissue on contact;
           H 9     'Infectious': substances containing viable micro-organisms or their toxins which are known or
                   reliably believed to cause disease in man or other living organisms;
           H 10    '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;
           H 11    '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;
           H 12    Substances or preparations which release toxic or very toxic gases in contact with water, air or an
                   acid;
           H 13    Capable by any means, after disposal, of yielding another substance, e.g. a leachate, which possesses
                   any of the characteristics listed above;
           H 14    '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 (2).
           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 ( J ).
           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 (4) or by subsequent Commission directives adapting
           Directive 67/548/EEC to technical progress. These methods are themselves based on the work and recom-
           mendations of the competent international bodies, in particular the OECD.
           (') OJ No   L 196, 16. 8. 1967.
           O   OJ No   L 259, 15. 10. 1979.
           (') OJ No   L 257, 16. 9. 1983.
           (4) OJ No   L 251, 19. 9. 1984.
 ---pagebreak--- N o C 295/16                      Official J o u r n a l of the E u r o p e a n C o m m u n i t i e s                      19. 11. 88
                                                          ANNEX       IV
           CORRESPONDENCE TABLE BETWEEN T H E ARTICLES O F DIRECTIVE 78/319/EEC, W H I C H
           HAS BEEN REPEALED A N D T H E ARTICLES OF DIRECTIVE                                       / E E C O N 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 (Article 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 (Article 5 of Directive 75/442/EEC)
           Article 7                                        Article 4
           Article 8                                        — deleted
           Article 9                                        Article 5(1)
           Article 10                                       Article 6
           Article 11                                       Article 9
           Article 12                                       Article 10
           Article 13                                       Article 11
           Article 14 (1)                                   Article 7(1)
           Article 14 (2)                                   Article 8
           Article 14 (3)                                   Article 7 (2)
           Article 15                                       Article 7 (1)
           Article 16                                       Article 12
           Article 17                                       Article 13
           Article 18                                       Article 14
           Article 19                                       — deleted (Article 12c of Directive 75/442/EEC)
           Article 20                                       Article 15
           Article 21                                       Article 17
           Article 22                                       Article 19
           Annex                                            Annex II