CELEX: 51988PC0391(01)
Language: en
Date: 1988-08-05
Title: PROPOSAL FOR A COUNCIL DIRECTIVE AMENDING DIRECTIVE 75/442/EEC ON WASTE

19. 11. 88                            Official Journal of the European Communities                             No C 295/3
                                                              II
                                                      (Preparatory Acts)
                                                 COMMISSION
                        Proposal for a Council Directive amending Directive 75/442/EEC on waste
                                               COM(88) 391 final — SYN 145
                                     (Submitted by the Commission on 16 August 1988)
                                                        (88/C 295/03)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                          Whereas it must be possible to adapt rapidly to technical
                                                                  progress and it is therefore advisable to facilitate such
                                                                  adaptation by providing for a procedure establishing
Having regard to the Treaty establishing the European             cooperation between Member States within a committee
Economic Community, and in particular Article 100a                on adaptation of this Directive to technical progress,
thereof,
                                                                  HAS ADOPTED THIS DIRECTIVE:
Having regard to the proposal from the Commission,
                                                                                             Article 1
                                                                  Directive 75/442/EEC is hereby amended as follows:
In cooperation with the European Parliament,
                                                                  1. Articles 1, 2, 3, 8, 9, 10 and 12 are replaced by the
                                                                     following:
Having regard to the opinion of the Economic and
Social Committee,                                                     Article 1
                                                                     For the purposes of this Directive:
Whereas any disparity between the laws on waste
disposal in the Member States can distort the conditions             (a) waste means any substance or object which the
of competition and thereby directly affect the estab-                     holder disposes of, or is required to dispose of,
lishment and functioning of the internal market; whereas                  for the reasons listed in Annex I;
it is therefore necessary to approximate laws in this field;         (b) disposal means the collection, transport and
                                                                          treatment of waste, in particular any of the oper-
                                                                          ations specified in Annex II;
Whereas Council Directive 75/442/EEC (') established a
set of Community rules on waste disposal; whereas these              (c) collection means the gathering, sorting and/or
must be amended to take account of experience gained                      mixing of waste from several holders for the
in the implementation of this Directive by the Member                     purpose of treatment;
States; whereas the amendments take as a base a high
level of environmental protection with as much regard to             (d) transport means the whole range of waste loading,
the definition as to the disposal of waste;                               unloading and carriage operations.
                                                                     Article 2
Whereas the definition of waste should be revised in the
light of experience in order to improve the efficiency of            1.     The following shall be excluded from the scope
waste management in the Community;                                   of this Directive:
                                                                     (a) radioactive waste;
Whereas, as the environmental action programmes stress,              (b) mining waste;
the volume of waste can effectively be reduced by inter-
vening at the production stage to promote clean techno-              (c) animal carcases and agricultural waste of faecal
logies and products which can be recycled and re-used;                    origin;
                                                                     (d) waste waters discharged into sewers and the
                                                                          aquatic environment;
(') OJ No L 194, 25. 7. 1975, p. 47.                                 (e) emissions into the atmosphere.
 ---pagebreak--- N o C 295/4                             Official Journal of the European Communities                               19. 11. 88
   2.     Specific rules for particular instances or supple-         Article 8
   menting those of this Directive on the disposal of
   particular categories of waste shall be laid down by              In order to comply with the measures taken pursuant
   means of special Directives.                                      to Article 4, any establishment or undertaking which
                                                                     carries out -waste treatment for third parties, in
                                                                     particular any of the operations specified in Annex
                                                                     II A, must obtain a permit from the competent
   Article 3                                                         authority referred to in Article 5.
                                                                     Such permits shall cover:
   1.     Member States shall take appropriate steps to
   encourage the prevention, recycling and processing of             — the types and quantities of waste,
   waste, the extraction of raw materials and possibly of            — the technical requirements,
   energy therefrom and any other process for the re-use
                                                                     — the precautions to be taken,
   of waste.
                                                                     — the disposal site,
                                                                     — the treatment method.
   2.     Member States shall inform the Commission in
   good time of any draft legislation relating to measures           Permits may be granted for a specified period; they
   as referred to in paragraph 1 concerning, in                      may be renewable; and they may be subject to
   particular:                                                       conditions and obligations.
                                                                     Article 9
   (a) the use of products considered to be a source of
        technical difficulties as regards disposal or likely         1.     Establishments or undertakings which carry out
        to generate excessive disposal costs;                        waste disposal, with the exception of those which
                                                                     carry out the operations specified in Annex II B, shall
                                                                     be subject to periodic inspections by the competent
   (b) the encouragement of:
                                                                     authorities referred to in Article 5.
       — the reduction        in the quantities of certain
            waste,                                                   2.     Member States shall take the necessary measures
       — the treatment        of waste for recycling and             to ensure that the establishments or undertakings
            re-use,                                                  concerned afford the representatives of the competent
       — the recovery        of raw materials and/or the             authorities all necessary assistance to enable them to
            production of     energy from certain types of           carry out any examinations, inspections or investi-
            waste;                                                   gations concerning the waste, to take samples and to
                                                                     gather any information necessary for the performance
                                                                     of their duties.
   (c) the use of certain natural resources, including
        energy resources, in applications where the raw              Article 10
        materials can be replaced by recovered materials.
                                                                     All establishments or undertakings referred to in
                                                                     Article 8 shall:
   3.     The measures must give priority to recovery,
   re-use and recycling, taking account of the available             — keep a record of the quality, nature and origin of
   technology, the economic implications and existing or                 the waste and the treatment method,
   potential market opportunities for the products
                                                                     — make this information available at regular intervals
   obtained, while respecting the provisions of the
                                                                         to the competent authorities referred to in Article
   Treaty concerning the establishment and proper func-
                                                                         5.
   tioning of the internal market.
                                                                     Article 12
   4.     Member States shall take measures designed,
                                                                     1.     Every three years, and for the first time on 1
   inter alia, to:
                                                                     September 1990, Member States shall send the
                                                                     Commission a report on the measures taken to
   (a) promote the development of new clean techno-                  implement this Directive. This report shall be based
        logies generating less or no waste and more                  on a questionnaire which the Commission shall send
        sparing in their use of natural resources;                   to the Member States six months before the above
                                                                     date.
   (b) promote the technical development and marketing               2.     On the basis of the reports referred to in
        of products designed to facilitate, or reduce the            paragraph 1, the Commission shall publish a
        cost of, disposal, in particular by being suitable           consolidated report every three years, and for the first
        for recycling or re-use.                                     time in 1991.'
 ---pagebreak--- 19. 11. 88                               Official Journal of the European Communities                                    No C 295/5
2. The following Articles are inserted:                                       The opinion shall be recorded in the minutes; in
                                                                              addition, each Member State shall have the right to
    'Article 12a                                                              ask to have its position recorded in the minutes.
   The amendments necessary for adapting the Annexes                          When adopting the measures, the Commission shall
   to this Directive to scientific and technical progress                     take the utmost account of the opinion delivered by
   shall be adopted in accordance with the procedure set                      the Committee. It shall inform the Committee of the
   out in Article 12c.                                                        manner in which its opinion has been taken into
                                                                              account.'
   Article 12b
                                                                           3. Annexes I and II to this Directive are added as
   The Commission shall be assisted by an advisory                            Annexes I and II.
   committee for adaptation to scientific and technical
   progress composed of the representatives of the                                                   Article 2
   Member States and chaired by the representative of
                                                                           1.    Member States shall bring into force the laws,
   the Commission.
                                                                           regulations and administrative provisions necessary to
                                                                           comply with this Directive from 1 January 1990. They
   Article 12c                                                             shall forthwith inform the Commission thereof.
   Where the procedure set out in this Article is applied,                 2.    Member States shall communicate to the
   the representative of the Commission shall submit to                    Commission the texts of the provisions of national law
   the Committee referred to in Article 12b a draft of                     which they adopt in the field covered by this Directive.
   the measures to be taken. The Committee shall deliver
   its opinion on the draft, within a time limit which the                                           Article 3
   Chairman may lay down according to the urgency of
   the matter, if necessary by taking a vote.                              This Directive is addressed to the Member States.
                                                                 ANNEX I
                              REASONS WHY MATERIALS ARE DESIGNATED FOR DISPOSAL
               Products or materials are designated for disposal if they belong to any of the following categories:
               Q 1 Production or consumption residues not otherwise specified below
               Q 2 Off-specification products
               Q 3 Products whose date for appropriate use has expired
               Q 4 Materials spilled, lost or having undergone other mishap including any materials, equipment etc.
                    contaminated as a result of the mishap
               Q 5 Materials contaminateed or soiled as a result of planned actions (e.g., residues from cleaning oper-
                    ations, packing materials, containers, etc.)
               Q 6 Unusable parts (e.g., reject batteries, exhausted catalyst, etc.)
               Q 7 Substances which no longer perform satisfactorily (e.g., contaminated acids, contaminated solvents,
                    exhausted tempering salts, etc.)
               Q 8 Residues of industrial processes (e.g., slags, still bottoms, etc.)
               Q 9 Residues from pollution abatement processes (e.g., scrubber sludges, baghouse dusts, spent filters,
                    etc.)
               Q 10 Machining/finishing residues (e.g., lathe turnings, mill scales, etc.)
               Q 11 Residues from raw materials extraction and processing (e.g., mining residues, oil field slops, etc.)
               Q 12 Adulterated materials (e.g., oils contaminated with PCB, etc.)
 ---pagebreak--- N o C 295/6                               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
            Q 13 Any materials, substances or products whose use has been banned by law
            Q 14 Products for which the holder has no further use (e.g., agricultural, household, office, commercial
                  and shop discards, etc.)
            Q 15 Materials, substances or products resulting from remedial actions with respect to contaminated land
            Q 16 Any materials, substances or products which the holder wishes to dispose of, or is required to dispose
                  of, and which are not contained in the above categories
                                                                   ANNEX       II
                                                       DISPOSAL OPERATIONS
                                                 (Annex II is divided into two sections)
            A. Operations which do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use
               or alternative uses of wastes
               (NB Annex II A is intended to encompass all such disposal operations which occur in practice. These
                     operations may or may not be acceptable from the point of view of environmental amenity)
               D 1    Deposit into or on to land (e.g., landfill, etc.)
               D 2    Land treatment (e.g., biodegradation of liquid or sludgy discards in soils, etc.)
               D 3    Deep injection (e.g., injection of pumpable discards into wells, salt domes or naturally occurring
                      repositories, etc.)
               D 4    Surface impoundment (e.g., placement of liquid or sludge discards into pits, ponds or lagoons,
                      etc.)
               D 5    Specially engineered landfill (e.g., placement into lined discrete cells which are capped and
                      isolated from one another and the environment, etc.)
               D 6    Release into a water body except seas/oceans
               D 7    Release into seas/oceans including sea-bed insertion
               D 8    Biological treatment not specified elsewhere in this Annex which results in final compounds or
                      mixtures which are discarded by means of any of the operations in Annex II A
               D 9    Physico-chemical treatment not specified elsewhere in this Annex which results in final
                      compounds or mixtures which are discarded by means of any of the operations in Annex II A
                      (e.g., evaporation, drying, calcination, etc.)
               D 10 Incineration on land
               D 11 Incineration at sea
               D 12 Permanent storage (e.g., emplacement of containers in a mine, etc.)
               D 13 Blending or mixing prior to submission to any of the operations in Annex II A
               D 14 Repackaging prior to submission to any of the operations in Annex II A
               D 15 Storage pending any of the operations in Annex II A
            B. Operations which may lead to resource recovery, recycling, reclamation, direct re-use or alternative uses
               of wastes
               (NB Annex II B is intended to encompass all operations intended to extract and/or to utilize secondary
                      materials)
               R 1    Use principally as a fuel or other means to generate energy
               R2      Solvent reclamation/regeneration
 ---pagebreak--- 19. 11. 88                         Official J o u r n a l of the E u r o p e a n Communities              N o C 295/7
           R3   Recycling/reclamation of organic substances which are not used as solvents
           R4   Recycling/reclamation of metals and metal compounds
           R5   Recycling/reclamation of other inorganic materials
           R6   Regeneration of acids or bases
           R7   Recovery of components used for pollution abatement
           R 8  Recovery of components from catalysts
           R9   Oil re-refining or other re-uses of oil
           RIO Spreading on land resulting in benefit to agriculture or ecological improvement, including
                composting and other biological transformation processes
           R 11 Uses of materials obtained from any of the operations numbered R1-R10
           R 12 Exchange of wastes for submission to any of the operations numbered R l - R l l
           R 13 Accumulation of material intended for any operation in Annex II B