CELEX: 51985PC0511
Language: en
Date: 1985-10-03
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 84/631/EEC ON THE SUPERVISION AND CONTROL WITHIN THE EUROPEAN COMMUNITY OF THE TRANSFRONTIER SHIPMENT OF HAZARDOUS WASTE

7.11.85                                  Official Journal of the European Communities                              No C 284/5
                                                                 II
                                                         (Preparatory Acts)
                                                   COMMISSION
             Proposal for a Council Directive amending Directive 84/631/EEC on the supervision and
                 control within the European Community of the transfrontier shipment of hazardous waste
                                                        COM(85) 511 final
                                (Submitted by the Commission to the Council on 7 October 1985)
                                                          (85/C 284/05)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                             Whereas the recommendation of the O E C D conference
                                                                     on transfrontier movements of hazardous wastes, held in
Having regard to the Treaty establishing the European                Basle on 27 and 28 March 1985, provides that member
Economic Community, and in particular Articles 100 and               countries of the O E C D shall not apply any less strict
235 thereof,                                                         controls on transfrontier movements of hazardous wastes
                                                                     involving non-member countries than they would for
Having regard to the proposal from the Commission,                   movements involving only member countries, and that
                                                                     they shall not allow movements of hazardous wastes to
                                                                     non-member countries unless the competent authorities
Having regard       to   the   opinion    of   the   European
                                                                     of the importing country and, where appropriate, the
Parliament,                                                          non-member countries of transit, agree to the shipment
                                                                     and the hazardous wastes are directed to adequate
Having regard to the opinion of the Economic and                     disposal facilities in the importing country;
Social Committee,
Whereas the programme of action of the European                      Whereas in the light of these requirements the provisions
Communities on the environment, approved by the                      of Directive 84/631/EEC should be supplemented,
Council on 22 November 1973 (*), the continuation and
implementation of which are the subject of the
resolutions of 17 May 1977 (2) and 7 February 1983 (3),              HAS ADOPTED THIS DIRECTIVE:
provides for Community action aimed at controlling the
disposal of hazardous wastes;
                                                                                                 Article 1
Whereas, pursuant to Council Directive 78/319/EEC of
20 March 1978 on toxic and dangerous waste ("),                      Article 4 of Directive 84/631/EEC is hereby amended as
Member States are required to take the necessary                     follows:
measures to ensure that toxic and dangerous waste is
disposed of without endangering human health and
without harming the environment;                                     1. The introductory phrase of paragraph 2 is replaced by
                                                                        the following:
Whereas for this purpose Council Directive 84/631/
EEC (5) organizes the supervision and control within the                 '2.    The acknowledgement of receipt or any
Community of the transfrontier shipment of hazardous                     objection raised in accordance with paragraphs 3 or 7
waste;                                                                  shall, not later than one month after receipt of the
                                                                         notification, be forwarded to the holder of the waste.'
Whereas in connection with protecting the environment
against dangers arising out of such waste account must
be taken of the risk of pollution occurring outside the              2. The following paragraph 7 is added:
Community;
                                                                        7.      The Member State referred to in paragraph 2
                                                                        (b) must raise an objection to the shipment if the
O   OJ No C 112, 20. 12. 1973, p. 3.                                    holder of the waste cannot provide authenticated
O   OJ No C 139, 13. 6. 1977, p. 3.                                     proof that the third country of destination has agreed
O   OJ No C 46, 17. 2. 1983, p. 1.                                      to the shipment and where no third country transit
(4) OJ No L 84, 31. 3. 1978, p. 43.                                     State has raised any objections. The Member State
(') OJ No L 326, 13. 12. 1984, p. 31.                                   concerned must also raise an objection to the
 ---pagebreak---  No C 284/6                                   Official Journal of the European Communities                                    7.11.85
    shipment if the holder cannot provide proof that the                 provisions necessary to comply with this Directive. They
    consignee of the waste has the necessary capacity and                shall forthwith inform the Commission thereof.
    competence to dispose of the waste in accordance
    with requirements at least equivalent to those of                    2.     Member States shall communicate to the
    Directive 7 8 / 3 1 9 / E E C                                        Commission the text of the provisions of national law
                                                                         which they adopt in the field governed by this Directive.
                               Article 2
                                                                                                    Article 3
 1.   Member States shall bring into force, not later than
 1 June 1986, the laws, regulations and administrative                   This Directive is addressed to the Member States.
              Proposal for a Council Regulation amending Regulation (EEC) No 3164/76 on the Community
                                    quota for the carriage of goods by road between Member States
                                                            COM(85)     519final
                                    (Submitted by the Commission to the Council on 9 October 1985)
                                                              (85/C 284/06)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                                 HAS ADOPTED THIS REGULATION:
Having regard to the Treaty establishing the European                                               Article 1
Economic Community, and in particular Article 75
                                                                         Regulation (EEC) No 3164/76 is hereby amended as
thereof,
                                                                         follows:
Having regard to the proposal from the Commission,                       1. Article 3 (4) is replaced by the following:
                                                                            '4.    For 1986, the number of Community author-
Having regard        to     the    opinion    of  the    European           izations allocated to each of the Member States shall
Parliament,                                                                 be as follows:
                                                                                  Belgium                                 707
Having regard to the opinion of the Economic and                                  Denmark                                 625
Social Committee,
                                                                                  Germany                               1 112
                                                                                  Greece                                  170
Whereas pursuant to the Act of Accession of Spain and                             Spain                                   673
Portugal, and in particular Article 27 thereof, Council
Regulation (EEC) No 3164/76 (*), as last amended by                               France                                  957
Regulation (EEC) No 3621/84 (2), should be amended                                Ireland                                 204
in order to allocate an appropriate number of                                     Italy                                   883
Community authorizations to Spain and Portugal;                                   Luxembourg                              245
                                                                                  Netherlands                             955
Whereas the enlargement of the Community will result                              Portugal                                233
in an increase in the road haulage market; whereas                                United Kingdom                          673
additional Community authorizations should therefore
be allocated to the 10 present Member States;                                                                          7 437'
                                                                         2. Article 4 (2) is replaced by the following:
Whereas a number of technical amendments should also
be made to Regulation (EEC) N o 3164/76,                                    '2.    The competent authorities of the Member
                                                                            States shall forward to the Commission, in
                                                                            anonymous form, the information received in respect
                                                                            of each quarter, in the form of a table, a model of
0) OJ No L 357, 29. 12. 1976, p. 1.                                         which is contained in Annex III, within three months
(2) OJ No L 333, 21. 12. 1984, p. 61.                                       following the end of the quarter concerned.