CELEX: 51993PC0696
Language: en
Date: 1993-12-28
Title: Amended proposal for a COUNCIL DIRECTIVE AMENDING DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE

COMVIISSION OF THE EUROPEAN COMMUNITIES
                                          C0MO3) 696 final - SYN 485
                                          Brussels, 28 December 1993
                       Amended proposal for a
                          COUNCIL DIRECTIVE
           AMENDING DIRECTIVE 91/689/EEC ON HAZARDOUS WASTE
     (presented by the Commission pursuant to Article 189 A (2)
                          of the EC-Treaty)
 ---pagebreak---                          EXPLANATORY KEMORANOUM
Pursuant to Article I89a(2) of the EC Treaty, the Commission submits an
amended proposal for a Council Directive modifying Directive 91/689/EEC
on hazardous waste. This amended proposal takes account of a number of
amendments by the European Parliament adopted at its November 1993
Plenary Session.
In particular, although the Commission has serious reservations as
respects the practical value of a list as required by the original
Directive ( c f . Article 1(4)), it has reluctantly accepted the
reinstatement of the original Article 1(4), because of the need to
establish a Community List of Hazardous Waste with the minimum of
delay.
The Commission has also incorporated Parliament's amendment    to delay
the date of implementation of the Directive to 31 March 1995.
                                  A-
 ---pagebreak--- ORIGINAL TEXT                         AMENDED TEXT
                                Second recital a (new)
                                             Whereas to avoid waste being shunted
                                              around,    and    distortions     of
                                              competition within the Community, it
                                              is essential to draw U P a,     . ._
                                              list of hazardous waste, which would
                                             be binding throughout the Community;
                                     Fourth recital
     Whereas as a consequence rfc is.          Deleted
     necessary to amend the definition of
     hazardous waste in order that the
     implementation      oj    Directive
     91/689/EEC no longer requires £hg
     previous    establishment    oj    an
     inclusive   and   binding   list of
     tosarëQttg waste.
                                        A&±-
 ---pagebreak--- ORIGINAL TEXT                             AMENDED TEXT
                                    A r t i c l e 1(1)
 Directive 91/689/EEC is amended as               Directive 91/689/EEC is amended as
 follows:                                         follows:
 1. Article 1(4) is replaced by the               1. Article 1(4) is replaced by the
 following:                                       following:
 '4. (a) For the purpose of this                  4. For the purpose of this Directive
 Directive 'hazardous waste' means any            'hazardous waste' meansj.
 SUbStflnçe or object belonging to the
 categories or generic types of waste             - waste featuring on a list to be
 set out in Annex I, taKing into                  drawn U P in accordance with the
 aCCOVffît the constituents referred to           procedure laid down in Article 18 of
 in Annex II, and which display one or            Directive 75/442/EEC on the basis of
 more    of the properties   listed in            Annexes I and II of this Directive,
                                                  not later than six months before the
 Annex III,                                       date of implementation of this
                                                  Directive.    These wastes must have
                                                  one or more of the properties listed
                                                  in Annex III. The list shall take
                                                  into    account    fchfi  Origin  and
                                                  composition of the waste and, where
                                                  necessary.      limit     values   of
                                                  concentration.    This list shall be
                                                  periodically     reviewed    andi  if
                                                  necessary. revised by the. game
                                                  procedure•
  (b) The Commission, in accordance               - anv other waste which is considered
 With the " procedure laid down in                bv a Member State to display anv of
 Article 18 of Directive 75/442/EEC,              the properties listed in Annex III.
 shall draw U P a Community list of               Such cases shall be notified to the
 hasardoys waste, The community U s i             Commission and reviewed in accordance
 shall taKe into account the origin               with the procedure laid down in
 and composition of the waste andc                Article 18 of Directive 75/442/EEC
 uhsza necessary « limit values of                with a view to adaptation of the
 concentration.     This list shall be            list,
 periodically      reviewed and, ii
 necessary, revised by the same
 procedure.
 Once a Community list of hazardous
 waste is established, anv decision by
 a Member State to consider categories
 of waste as hazardous waste shall be
 notified     to the Commission and
 reviewed in accordance with the
 procedure laid down in Article 18 of
 Directive 75/442/EEC with a view to
 adaptation of the Community list,'
 ---pagebreak---    ORIGINAL TEXT                             AMENDED TEXT
                                       Article 1(2)
                             Article 10(1), first paragraph
                                                    Article  1Q    is
  2. Article 10      is   replaced   by    the   2.                    replaced  by   the
      following:                                    following:
   'Article 10                                    'Article 10
   1. Member States shall bring into              1. Member States shall bring into
   force the laws, regulations and                force the laws, regulations and
   administrative provisions necessary           administrative provisions necessary
   to comply with this Directive by               to comply with this Directive by
   31 December     1994.     They     shall       31 March 1995. They shall immediately
   immediately inform the Commission              inform the Commission thereof.*
   thereof.'
                                        Article 1(3)
3. Article J1     is    replaced   by    the   3. Article 11      is  replaced  by   the
   following:                                     following:
    •Article 11                                   'Article 11
   Directive    78/319/EEC     is    hereby       Directive     78/319/EEC   is   hereby
   repealed with effect from 31 December          repealed with effect from 31 March
   1221.                                          1995.
                                          _ r> -
 ---pagebreak---                                                                      ISSN 0254-1475
                                                              COM(93) 696 final
                                                      DOCUMENTS
EN                                                                              14
                                 Catalogue number : CB-CO-93-747-EN-C
                                                             ISBN 92-77-63114-7
Office for Official Publications of the European Communities
L-2985 Luxembourg
                                                4-