CELEX: 51975PC0154
Language: en
Date: 1975-04-18
Title: Amendments to the proposal for a Directive on waste disposal. (doc.COM(74)1297 final) (presented by the Commission to the Council pursuant to the second paragraph of Article 149 of the EEC Treaty)

ARCHIVES HISTORIQUES
DE LA COMMISSION
COLLECTION RELIEE DES
DOCUMENTS "COM"
COM (75) 154
Vol. 1975/0062
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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUMITES
                                                          COM(75)154 final
                                             Brussels .   18 April 1975
         Amendments to the proposal for a Directive on waste disposal .
                           (doc. COM(74)1297 final)
         (presented "by the Commission to the Council pursuant to the
          second paragraph of Article 149 of the ESC Treaty)
   COMC75) 154 final
 ---pagebreak---                                                              ENV/73/75-E
                                                             Orig. F
                                        - 2 -
                                                             AOTEX I
                                      POSITION
On the amendments proposed by the European Parliament and the Economic
and Social Committee to the proposal for a Council Directive on waste
disposal (doc . COM (74 ) 1297 final ).
Title of the Directive
(A ) (*) The European Parliament proposed that the title of the Directive
        "be amended to read : "Proposal for a Directive concerning the waste
         sector".
(B) (*) : This proposal can he accepted. The provisions of the Directive
        are not in fact limited to the disposal of waste , "but also cover
        revise and recycling. Consequently it is proposed that the title of
        the Directive "be amended to read : "Proposal for a Council Directive
         on waste".
Article 2
(A )     The European Parliament proposes that the exclusion of a number of
         types of waste from the scope of the Directive he deleted :
        - waste from the prospecting for and the extraction , processing and
            storage of mineral resources and the working quarries ; /' r
        -   agricultural waste .
         The Parliament also requests the inclusion of waste oils , the subject
         of a Directive adopted "by the Council 6n 7 November last . It wants
         only the exclusion of radioactive waste to be maintained.
(B)      TO justify the exclusion of the waste listed in Article 2 from the
         scope of the Directive , the Commission stated that its disposal
         should be covered by specific provisions .
(*) A = proposed amendments
     B = position on then.
 ---pagebreak---                                     - 3 -
                                                                                   M
                                                                                 ,  ι
The Commission could undertake to submit to the Council in due course ,
as Parliament suggests , proposals for Directives concerning waste from the
                                     . VP - . f. ,
extraction of mineral resources , the working of quarries and agriculture
with a view to Community harmonization of often divergent national laws .
However , it must "be pointed out that these are non-priority sectors not
appearing in the first Community programme of action on the environment .
It is not possible to include' the Directive oil the disposal of waste oils
in the scope of this Directive ; it lays down special procedures for this
particular type of waste and covers the disposal of such' oiDs without
restricting it to waste oils tipped on to or into the ground . Consequently
it is proposed that the Commissions text be maintained.
Article 3
(A )    The Economio and " Social Committee and European Parliament suggest that
        this article "be drafted in more detail *
(B)     Except for the protection of the flora and fauna, which could usefully
        be inserted in this Article as the Economic and Social Committee
        recommends , the other amendments proposed by the European Parliament
        only spell out more precisely the aims given in Article 3» Consequently
        it is proposed that the protection of the flora and fauna be inserted
        in the second indent of Article 3 as follows :
           without risk to water , air and soil or to the fauna and flora".
Article 4
(A)     The European Parliament proposes the addition of a phrase indicating
        that the collection, sorting and treatment of waste should be
        organized as efficiently as possible .                       .
(B )    This amendment can be accepted.
 ---pagebreak---                                      - 4 -
Article 8
(A)    The European Parliament proposes that the undertakings referred to
       in Article 6 should "be inspected at least every six months by the
       competent authority.
(B )   It is proposed that the initial text be retained. It seems that the
       obligation on undertakings to comply with the objectives set out in
       Article 3 and the periodic inspections to which they will have to
       submit should be sufficient to ensure satisfactory application of
       the text while at the same time leaving Member States the necessary
       flexibility.
Article 9
(A)    The European Parliament suggests that undertakings disposing of their
       own waste and undertakings collecting waste should be subject to
       supervision every six months by the competent authority.
(B)    It is proposed that the initial text be retained for the roasons
       given for Article 8 .
Article 10
(A)    The European Parliament proposes that the plan for the disposal of
       waste considered particularly dangerous or difficult to process
       should be mandatory.
(B )   This amendment can be accepted.
Articles 12 and 13
(A )   The European Parliament proposes that Article 13 be deleted and
       Article 12 made clearer .
(B)    It is proposed that the initial texts be retained. The current wording
       of Articles 12 and 13 is more precise .
 ---pagebreak--- Article 14
(A )   The European Parliament proposes that Member States should prepare
       an aimual report on waste disposal#
(B )   This amendment can be accepted.
Article 16
(A)    The European Parliament suggests that the Member States ensure
       that the provisions of national law which they intend to adopt
       are forwarded to the Commission in good time to allow it to give
       its views on them.
(B )   It is proposed that the initial text be retained.              '
 ---pagebreak---                                                           ENV/73/75-E
                                                          Orig. F»
                                     – 6 -                Annex II
Amendments to the proposal for a Directive on waste disposal
( forwarded to the Council by the Commission pursuant to the second
 paragraph of Article 149 of the EEC Treaty)
The proposal for a Directive forwarded to the Council on 17 September 1974
is modified as follows :
- an amendment to the title of the Directive
- an amendment 'to Article 3
- an amendment to Article 4
- an amendment to Article 10
- an amendment to Article 14 *
 ---pagebreak---                                      - 7 -
ORIGINAL T3XT                          AMEJTDKD TEXT
Title of the Directive                 Title of the Directive
Proposai for a Council Directive       Proposal for a Council Directive on
on waste disposai                      waste
Article 3                              Article 3
Member States shall take the           Member States shall take the
necessary measures to dispose of       necessary measures to dispose of
waste :                                 waste :
  without endangering human health ;    - without endangering human health ;
  without risk to water , air and      - without risk to water , air and soil
  soil ;                                  or to the fauna and flora ;
  without interfering with "beauty      - without interfering with "beauty
  spots and the countryside .             spots and the countryside .
Article 4                               Article 4
Member States shall take the            Member States shall take the' necessary
necessary measures to                   measures to encourage waste recycling
encourage waste recycling and salvage . and salvage and to ensuro systematic
                                        rationalisation of waste collection ,
                                        sorting and treatment .
 ---pagebreak--- OEIGIÎTAL TSXT                           ΑΚΕΪΓΏΒΤ) Τ'ΕΚ'Τ
Article "0                               Article 10
                                         – rf* !■' -ma ntatm /riA^
Tr.G competent; authority shall bo       1.         The competent authority
required to draw up a plan which ,                                 shall he required to
among other things t covers ?                       draw up a plan which , among other
( a ) type and quantity of waste to                 things P covers :
      "be disposed of in its area , with  (a ) type and quantity of waste to he
      a mention in every case of those              disposed of in its area ;
      types of waste considered to "be    ("b ) persons entitled to carry out
      specially dangerous or difficult              this disposal ;
      to treat ;                          ( c ) methods of disposal and their
("b ) pernoris entitled to carry out                cost ;
      this disposal ;                     (d ) disposai sites and sui table
(c ) methods of disposal and their                  équipaient .
      cost ;
                                                    For waste consideroci to he.
( i ) disposai sites and suitahle
                                                    specially dangerous or difficult
      eçruipment .
                                                    t o treat , the disposal plans
                                                    shall "be mandatory.
 ---pagebreak---                                     9 -
ORIGINAL TE5ÇT                        AI'.MTOKD TilTI1
Article 14
– ft I »«■<! 1^^–
                                      Article 14
Each Member State shall , at two-     Each Member State shall draw "up an
yearly intervals , draw up a report   annual report on waste disposal in
on waste disposal in its territory    its territory and shall forward
and shall forward it to the           it to the Commission who will then
Commission who will then circulate    circulate it to the other Member
it to the other Member States .       States .