Legal provisions of COM(1976)385 - TOXIC AND DANGEROUS WASTES. (submitted to the Council by the Commission) - Main contents
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dossier | COM(1976)385 - TOXIC AND DANGEROUS WASTES. (submitted to the Council by the Commission). |
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document | COM(1976)385 |
date | March 20, 1978 |
Contents
Article 1
(b) 'toxic and dangerous waste' means any waste containing or contaminated by the substances or materials listed in the Annex to this Directive of such a nature, in such quantities or in such concentrations as to constitute a risk to health or the environment;
(c) 'disposal' means - the collection, sorting, carriage and treatment of toxic and dangerous waste, as well as its storage and tipping above or under ground;
- the transformation operations necessary for its recovery, re-use or recycling.
Article 2
Article 3
(b) animal carcases and agricultural waste of faecal origin;
(c) explosives;
(d) hospital waste;
(e) effluents discharged into sewers and water-courses;
(f) emissions to the atmosphere;
(g) household waste;
(h) mining waste;
(i) other toxic and dangerous waste covered by specific Community rules.
Article 4
Article 5
- without causing a nuisance through noise or odours;
- without adversely affecting the countryside or places of special interest.
2. Member States shall in particular take the necessary steps to prohibit the abandonment and uncontrolled discharge, tipping or carriage of toxic and dangerous waste, as well as its consignment to installations, establishments or undertakings other than those referred to in Article 9 (1).
Article 6
Article 7
- the packaging of toxic and dangerous waste is appropriately labelled, indicating in particular the nature, composition and quantity of the waste;
- such toxic and dangerous waste is recorded and identified in respect of each site where it is or has been deposited.
Article 8
Article 9
2. The permit referred to in paragraph 1 shall cover in particular: - the type and quantity of waste;
- the technical requirements;
- the precautions to be taken;
- the disposal site(s);
- the methods of disposal.
This permit may also lay down the specific information to be made available at the request of the competent authorities.
3. Permits may include conditions and obligations. They may be granted for a specified period and may be renewed.
Article 10
Article 11
- the holder who has waste handled by a waste collector or by an installation, establishment or undertaking referred to in Article 9 (1);
and/or
- the previous holders or the producer of the product from which the waste came.
2. If Member States charge levies on the monies used to cover the costs referred to in paragraph 1, the yield thereof may also be used for the following purposes: - financing control measures relating to toxic and dangerous waste;
- financing research pertaining to the elimination of toxic and dangerous waste.
Article 12
- the methods of disposal;
- specialized treatment centres where necessary;
- suitable disposal sites.
The competent authorities of the Member States may include other specific aspects, in particular the estimated cost of the disposal operations.
2. The competent authorities shall make public the plans referred to in paragraph 1. The Member States shall forward these plans to the Commission.
3. The Commission, together with the Member States, shall arrange for regular comparisons of the plans in order to ensure that implementation of this Directive is sufficiently coordinated.
Article 13
Article 14
and/or
- make this information available to the competent authorities on request.
2. When toxic and dangerous waste is transported in the course of disposal it shall be accompanied by an identification form containing at least the following details: - nature;
- composition;
- volume or mass of the waste;
- name and address of the producer or of the previous holder(s);
- name and address of the next holder or of the final disposer;
- location of the site of final disposal where known.
3. Documentary evidence that the disposal operations have been carried out shall be kept for as long as the Member States deem necessary.
This evidence shall, where necessary, be addressed to the relevant authorities of the Member States concerned.
Article 15
2. To this end, Member States shall take the necessary measures to ensure that the installations, establishments or undertakings concerned afford the representatives of the competent authorities all necessary assistance to enable them to carry out any examinations, inspections or investigations concerning the waste, to take samples and to gather any information necessary for the fulfilment of their duties.
Article 16
2. The Commission shall report every three years to the Council and to the European Parliament on the application of this Directive.
Article 17
- to add to the Annex toxic and dangerous substances and materials unknown at the time of notification of this Directive.
They shall be adopted in accordance with the procedure referred to in Article 19.
2. In adapting the Annex to technical and scientific progress, account shall be taken of the immediate or long term hazard to man and the environment presented by waste by reason of its toxicity, persistence, bioaccumulative characteristics, physical and chemical structure and/or quantity.
Article 18
2. The Committee shall draw up its rules of procedure.
Article 19
2. The representative of the Commission shall submit to the Committee a draft of the measures to be adopted. The Committee shall deliver its opinion on the draft within a time limit which may be determined by the chairman according to the urgency of the matter. It shall decide by a majority of 41 votes, the votes of the Member States being weighted as provided for in Article 148 (2) of the Treaty. The chairman shall not vote.
3. (a) The Commission shall adopt the measures envisaged where these are in accordance with the opinion of the Committee.
(b) Where the measures envisaged are not in accordance with the opinion of the Committee, or if no opinion has been given, the Commission shall forthwith propose to the Council the measures to be adopted. The Council shall act by a qualified majority.
(c) If, within three months of the proposal being submitted to it, the Council has not acted, the measures proposed shall be adopted by the Commission.
Article 20
Article 21
2. Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the field covered by this Directive.