Council Directive 91/689/EEC of 12 December 1991 on hazardous waste

COUNCIL  DIRECTIVE of 12 December 1991 on hazardous waste (91/689/EEC)
THE COUNCIL OF THE  EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particluar Article  103s thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
Whereas Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (4), established  Community rules on the disposal of dangerous waste; whereas in order to take account of experience  gained in the implementation of that Directive by the Member States, it is necessary to amend the  rules and to replace Directive 78/319/EEC by this Directive;
Whereas the Council resolution of 7 May 1990 on waste policy (5) and the action programme of the  European Communities on the environment, which was the subject of the resolution of the Council of  the European Communities and of the representatives of the Government of the Member States, meeting  within the Council, of 19 October 1987 on the continuation and implementation of a European  Community policy and action programme on the environment (1987 to 1992) (6), envisage Community  measures to improve the conditions under which hazardous wastes are disposed of and managed;
Whereas the general rules applying to waste management which are laid down by Council Directive  75/442/EEC of 15 July 1975 on waste (7), as amended by Directive 91/156/EEC (8), also apply to the  management of hazardous waste;
Whereas the correct management of hazardous waste necessitates additional, more stringent rules to  take account of the special nature of such waste;
Whereas it is necessary, in order to improve the effectiveness of the management of hazardous waste  in the Community, to use a precise and uniform definition of hazardous waste based on experience;
Whereas it is necessary to ensure that disposal and recovery of hazardous waste is monitored in the  fullest manner possible;
Whereas it must be possible rapidly to adapt the provisions of this Directive to scientific and  technical progress; whereas the Committee set up by Directive 75/442/EEC must also empowered to  adapt the provisions of this Directive to such progress,