Explanatory Memorandum to COM(1976)385 - TOXIC AND DANGEROUS WASTES. (submitted to the Council by the Commission) - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(1976)385 - TOXIC AND DANGEROUS WASTES. (submitted to the Council by the Commission). |
|---|---|
| source | COM(1976)385  |
| date | 22-07-1976 |
COLLECTION RELIEE DES DOCUMENTS 'COM'
Contents
- COM (76)385
- PROPOSAL FOR A COUNCIL DIRECTIVE
- of certain types of wastes require it. The Council has also adopted a Directive of a specific nature on waste oils, (l)
- B. SUMMARY OF THE LEGAL SITUATION
- The Belgian law came into force on 22 July 1974 and the French on
- 10. In Italy a law was passed in 1941 relating to the storage, transport and disposal of waste from public places, dwellings and offices (legge
- 11. In the Netherlands. - the above-mentioned lavl on Chemical Waste
- preparatory studies carried out by the Commission in co-operation with national experts. It is foreseen that it may be amended in the light
- DIRECTIVE 017 TOXIC AND DAHHSR0U3 WASTE
- Whereas in order to co-ordinate action in this field Member States should draw up a situation report on the disposal of toxic and dangerous waste; '
- HAS ADOPTED THIS DIRECTIVE
- Art?ole 2
- Article 3
- Arfic.le 9
- Article 11
- 3. Member States and the Commission shall examine comparatively the
- Articic 13
- Article 15
- 1, Every three years and for the first time eighteen months following the notification of this Directive, 1-ember States shall draw up
- Article 17 -
- Article 18
- 18 -
- 1. Where the procedure laid down in this Article is to be followed
- 2. The reoresentative of the Commission shall submit to the Committee a
- Article 22
- The President
- Thallium and its compounds Beryllium and its compounds Chrome (Cr VI)
- Biocides and phyto-pharmaceutical substances
- Identification form
- ENY/75/76-E
- FINANCIAL RECORD SHEET
- 1. Relevant budget heading; Article 251
- 2. Title of budget heading; Committees
- 5. Appropriations: for 1977
- 1 Commission representative)
- 7-525 u.a
Vol. 1976/0116
Disclaimer
Conformement au reglement (CEE, Euratom) n° 354/83 du Conseil du ler fevrier 1983 concernant I’ouverture au public des archives historiques de la Communaute economique europeenne et de la Communaute europeenne de I’energie atomique (JO L 43 du 15.2.1983, p.
1), tel que modifie par le reglement (CE, Euratom) n° 1700/2003 du 22 septembre 2003 (JO L 243 du 27.9.2003, p.
1), ce dossier est ouvert au public. Le cas echeant, les documents classifies presents dans ce dossier ont ete declassifies conformement a I’article 5 dudit reglement.
In accordance with Council Regulation (EEC, Euratom) No 354/83 of 1 February 1983 concerning the opening to the public of the historical archives of the European Economic Community and the European Atomic Energy Community (OJ L 43, 15.2.1983, p.
1), as amended by Regulation (EC, Euratom) No 1700/2003 of 22 September 2003 (OJ L 243, 27.9.2003, p.
1), this file is open to the public. Where necessary, classified documents in this file have been declassified in conformity with Article 5 of the aforementioned regulation.
In Obereinstimmung mit der Verordnung (EWG, Euratom) Nr. 354/83 des Rates vom 1. Februar 1983 uber die Freigabe der historischen Archive der Europaischen Wirtschaftsgemeinschaft und der Europaischen Atomgemeinschaft (ABI. L 43 vom 15.2.1983, S.
1), geandert durch die Verordnung (EG, Euratom) Nr. 1700/2003 vom 22. September 2003 (ABI. L 243 vom 27.9.2003, S.
1), ist diese Datei der Offentlichkeit zuganglich. Soweit erforderlich, wurden die Verschlusssachen in dieser Datei in Obereinstimmung mit Artikel 5 der genannten Verordnung freigegeben.
COMMISSION OF THE EUROPEAN COMMUNITIES
00M(76) 38? final. ' Brussels, 22 Julv 1976.
OF TOXIC AFD DAFGEROUS WASTES.
(submitted to the Council by the Commission)
>
COH(76) 385 final.
EXPLANATORY MEM3RANHJM ■ . , .
a. rroorocTioF .
1. The aim of •this Directive - which is presented in pursuance of the European Communities* Programme of Action on the Environment (l) - concerns the establishment by the Member States, in accordance with certain principles and procedures, of a system of controls and safeguard measures, which are meant to ensure that toxic and dangerous wastes are disposed
of without endangering human health and without harming the environment.
2. In its declaration of 22 November 1973 on the above mentioned Programme of Action, the Council acknowledged that the disposal of toxic and dangerous wastes is one of the most important problems for the Community and that therefore it requires a solution extending beyond the regional framework and possibly beyond national frontiers.
"Even if the harmful, effects of the wastes do not . extend beyond the immediate region, Community action may well become necessary if the elimination or re-use of the wastes are dependent on economic resources. If the solutions adopted give rise to differences in the production and distribution conditions of certain goods, these differences may have repercussions on the . functioning of the Common Market and rax international ,
trade". (2) •
3* The framework Directive on Waste of 15 July 1975 (3) which, following the principles set up in the Programme of Aotion, lays down the basic provisions relating to waste disposal and recovery, allows for certain exceptions. It foresees inter alia the possibility of ' adopting specific Community rules, should the nature and characteristics
O.J. No C 112, 20 December 1973 * .
O.J. No C 112, 20 December 1973* p. 28 and 29*
O.J• No L ->9/*. 25 Ju’y IQ'T, r.
of certain types of wastes require it. The Council has also adopted a Directive of a specific nature on waste oils, (l)
4* The present proposal represents therefore an implementation of the Programme of Action and fits within the framework provided "by the general Directive on Waste. It accords with the guidelines and principles defined ty them, in providing for various problems inherent to toxic and dangerous waste disposal operations.
5* The proposal is the result of the work carried out by the Commission assisted by a working group of national experts and a subgroup of scientific experts on toxic and dangerous waste.
1. In pursuance of the Agreement of 5 March 1973 on information for the Commission and for the Member States with a view to possible harmonization throughout the Communities of urgent measures concerning the protection of the environment (2), the Commission has been notified of three legislative measures concerning the disposal of waste in general and of toxic and dangerous waste in particular.
2. On 8 November 1973 the Belgian Government sent to the Commission the text of a draft law relating to Toxic Waste (loi sur les dechets toxiques). On 11 February 1974 the Commission was notified of a draft French law on Waste Disposal and Recovery (loi relative a 1♦elimination des dechets et a la recuperation des materiaux) and on 31 October 1975 of a draft Dutch law on Chemical Wastes and Used Oils (Regelen inzake chemische afvalstoffen en afgewerkte olie - wet chemische afvalstoffe).
15 July 1975* The Dutch bill has been ddbpted by Parliamentnon nil February
1976.
Council Directive of 16 June 1975 on the disposal of waste oils, O.J. No L 194, 25 July 1975, p. 23
O.J. No C 9, 15 March 1973, p. 1/2.
3* As far as the other Member States are concerned, toxic waste disposal comes within the provisions of either general pollution control ■ regulations (Denmark and the United Kingdom) or of general waste control laws (Germany and Italy). Finally there are those Member States (Ireland and Luxembourg) with virtually no legislation on the problem at all.
4* Mention must at last be made to the fact that in several Member States specific regulations on toxic and dangerous waste disposal are being drafted or are contemplated, although it must be some time yet before they are in force.
5* Therefore there exists in some Member States legislation governing the disposal of toxic and dangerous waste. The scope of this •
legislation, its field of application (collection, transport, storage and treatment, etc.), the form and tasks of the various controlling organizations, the financing systems and the penalties for infringements however differ from one Member State to another.
6. The above-mentioned Belgian law does not contain a complete definition of the term ’’toxic waste” but specifies that it covers, in so far as they might harm man or the environment, unused or unusable products and wastes resulting from an industrial, commercial, artisanal, agricultural or scientific activity. This allows household wastes, amongst others, to be excluded from its provisions. .
A detailed list of toxic wastes has been laid down by Royal Decree on 9 February 1976 (ArrBte royal port ant reglement general sur les dechets toxiques).
Under the law of 22 July 1974, the abandonment of toxic waste is prohibited and a number of operations such as the offer for sale, the sale, acquisition, transfer, storage, destruction, processing, neutralisation and elimination of toxic waste will be controlled by a system of authorizations, The transport, import, export and transit of toxic waste will be regulated by Royal Decrees.
The law confers on governors of provinces and mayors of communes wide powers to prevent toxic waste from affecting the $i >alth and safety "both of workers and the general public.
The producer of toxic waste is in principle liable to bear the cost of disposal operations. The producer is also held responsible for any damage which may be caused by the waste.
7* In Denmark the Lav* on Environmental Protection (lov no. 372 of 13 June 1973) contains general provisions on storage, treatment and disposal of waste, which apply also to toxic and dangerous waste. Treatment and disposal of waste are defined as "activities which can cause excessive pollution" : The use of land for these purposes therefore requires the approval of the County Council under the above-mentioned law.
Other dispositions applicable to toxic waste are to be found in the Nature Conservation Law which lays down, inter alia that sites for the storage of waste must be approved by a Conservation Plan Committee.
Certain provisions of the Law on the Disposal and Treatment of Waste Oils and Chemicals (Lov No. 178 of 24 May 1972) regulate specific aspects of the toxic waste problem. According to this law, the Minister of the Environment can lay down rules for the storage, transport and disposal of waste products (whether or not toxic) which result from the use of mineral oils and chemicals as woll as obliging producers of waste oils or waste chemicals to ensure that the waste is disposed of without harm to man or the environment.
8. In France the afore-mentioned law of 15 July 1975 provides for waste disposal and recovery operations. It establishes amongst others that whoever produces or holds waste which can be particularly harmful to man or the environment must surrender it to an authorized establishment.
Furthermore, the system set up in the law of 19 December 1917, (loi relative aux etablissements dangereux, insalubres ou incommodes) concerns certain kinds of factories, shops etc. and applies to certain categories of wastes and to oertain classes of disposal sites.
Establishments carrying on dangerous, insanitary, noxious or noisy trades are divided into three classes, depending on the degree of inconvenience caused. Those belonging to the first class must be sited away from human dwellings. The Prefect grants authorization and fixes the distances, but the question of distance is subjeot to the judge’s ruling. Establishments falling within the second class are authorized to operate only on condition that specified measures to avoid dangers and inconveniences are taken. Finally, establishments falling into class III are subject only to general regulations made for the benefit of the neighbourhood, and in the interest of public health. No authorization is needed, but prior notice must be given.
9* The disposal of wastes is regulated for the whole of the German Federal Republic by the ’’Law for the Disposal of Wastes” (Gesetz uber die Beseitigung von Abfallen) of 7 June 1972. This is supplemented and implemented in detail by laws of the Lander.
The general principle governing the disposal of waste under this law -is that the interests of the general public must be safeguarded in particular against : , . .
— danger to health and well-being of man;
— danger to domestic animals and wildlife; ' •
— harmful effects on water, soil and useful plants; .
— harmful environmental effects caused by air pollution or noise;
— harmful effects on nature, the countryside and urban development;
— risks to public safety.
The erection and operating of stationary waste disposal plants are subject to licensing control. This involves publicity for the plans, plan assessment and final approval. Approval will not be given if that would be contrary to. the waste disposal plans which the Lander are required to draw up
Neither will it he given if :
- the well being of the general public would be adversely affected;
- encroachments on the rights of some other person could not be prevented, or adequately compensated;
- it would be contrary to other provisions of public law. 1
10. In Italy a law was passed in 1941 relating to the storage, transport and disposal of waste from public places, dwellings and offices (legge
n. 366 del 21 marzo 1941)• It was a wartime measure which sought to provide for the recycling of substances and materials. In 1971 a Parliament Ecological Commission reported that this law has fallen almost completely into disuse. Control over the treatment and disposal of toxic and dangerous waste seems to be mainly vested in the Regional authorities.
and Used Oil - of which only the Chemical Waste section is specifically pertinent here — confer.® on the competent
minister the power to decide that the holders of chemical waste :
- are obliged to treat, process or destroy the waste at the place where it is produced;
- or do not have the right, in certain cases, to keep this waste for a period longer than that set by the Ministei% order.
Under this law it is furthermore forbidden to transfer chemical waste to a third party unless the latter is entitled to store, treat, process or destroy such substances in accordance with an authorization.
Mention must be also made of the fact that other pieces of legislation (the Waste Law, the Incineration Act, the Nuclear Energy Act and the Pesticides Act) all have a bearing on the problem of toxic and dangerous wastes.
12. In the United Kingdom - the main act which when implemented will cover the treatment and disposal of toxic and dangerous wastes, will be the Control of Pollution Act 1974' which repeals the Deposit of Poisonous Waste Act 1972. This is however a gradual process and is dependant on the Control of Pollution Act being fully implemented. Very few of its provisions are yet in force and the tine scale for "bringing the remainder into effect is presently ■under consideration.
Part I of the Control of Pollution Act applies to the deposit of wastes in general on land. It charges the Secretary of State to identify as •♦Special Wastes” those wastes which he considers as particularly dangerous or difficult to handle or dispose of. The Secretary of State has also the power to impose additional controls over the disposal of these special wastes as well as over the site licensing procedure. These controls consist of registration of producers of special wastes, notification to local authorities and water authorities of the movement of such wastes for disposal, and for most toxic substances, authorization "by the local authorities of disposal methods.
The Department of the Environment is preparing Codes of Practice on a number of toxic wastes. They are expected to form the basis for local authority*s decisions on the conditions under which site licenses and disposal authorizations may be granted.
13. In Ireland and Luxembourg there is no overall law covering the treatment or disposal of toxic and dangerous wastes, although some laws on waste disposal in general do exist.
14. It can be seen that in some cases there exists national legislation covering the disposal of waste. However, in the mqprity of cases there is no comprehensive code governing the disposal of toxic and dangerous waste. When national legislation which might be regarded as having some bearing on toxic waste does exist, its scope varies. The disparity between the provisions already applicable or in preparation in the various Member States could create unequal conditions of competition, in particular because the nationals of some Member States are obliged to respect more stringent provisions in order to dispose of their toxic and dangerous waste, and the functioning of the Common Market could be directly affected. Therefore the solution of approximation of legislation in order to avoid such distortions is indicated and this Directive is therefore based on Article 100 of the Treaty of Rome.
In accordance with the provisions of Article 100 the European Parliament and the Economic and Social Committee are to be consulted.
0O COMMENTS oar TFE ITRECTIYC
1. The present proposal is intended to define a common field of action within which rules on toxic find dangerous waste disposal are to be applied. The concepts of -toxic and dangerous waste" and of "disposal” are defined and obligations are imposed on Member States to ensure that disposal operations arc carried out without endangering human health
and the environment. • ■ ■ 1
Member States are furthermore required to take the necessary measures to
encourage the recycling and processing of toxic waste, the extraction of
raw materials and possibly of energy therefrom.
2. Mention must be made of the fact that the list of toxic and 1
dangerous substances as se t out in this proposal is the result of ' '
preparatory studies carried out by the Commission in co-operation with national experts. It is foreseen that it may be amended in the light
of technical progress by an ad hoc Committee composed of representatives of the Member States and chaired by a representative of the Commission.
3. The Directive lays down thru; toxic and dangerous wastes can be disposed of only by the installations, establishments or undertakings authorized by the competent national authorities to do so on their own account and/or on behalf of third parties.
It also establishes that any holder of toxic waste who has not been granted such an authorization, is required to deliver the waste to an authorized installation. .
4' In order to ensure maximum co-ordination at national and Community level, it is foreseen that special plans for the disposal of toxic and dangerous waste shall be drawn up and kept up to date by the competent national authorities. Member States shall forward them to the Commission and draw up every three years a situation report on the disposal of toxic and dangerous waste in their respective countries.
5. The Commission’s role in implementing this Directive might include the elaboration of codes of practice for the disposal of specific toxic and dangerous waste* The Commission shall furthermore report, every three years to the Council and to the European Parliament on the implementation of the present Directive.
THE COUNCIL OP THE EUROPEAN Cf MMJNITTES,
Having regard to the Treaty establishing the European Community, and in particular Article 100 thereof;
Having regard to the proposal from the Commission;
Having regard to the Opinion of the European Parliament;
Having regard to the Opinion of the Economic and Sooial Committee;
Whereas national prcvisionr on toxic and dangerous waste disposal differ from one Member State to another, thus creating unequal conditions of competition and consequently directly affecting the functioning of the Common Market; whereas it is therefore necessary to approximate laws in thiis field;
VJhereas, the Programme of Action of the European Communities on the Environment Cl) stresses the need for Community action, in order to control the disposal cf toxic and dangerous wastes;
Whereas the essential objective cf all provisions relating to toxic and dangerous waste disposal must bo the protection cf human health and the safeguarding of the environment .against harmful effects caused by the collection of toxic and dangerous waste as well as its storage and tipping;
Whereas to obtain this objective it is necessary to regulate specifically toxic and dangerous wastes which the holder disposes of or is required to dispose cf under the provisions of national law in force, with the exception of radioactive, agricultural and hospital waste, animal carcasses, explosive substances, waste waters, gaseous effluents and waste covered by specific Communisy rules;
Whereas the recovery of toxic and dangerous waste and the use of recovered materials should be encouraged in order to conserve natural resources;
O.J. Ho C 112, 20 December 1973, p. 28 and 29.
Whereas in order to ensure an effective protection of the environment provision should he made for a miform system of authorizations for undertakings vdiich dispose of their own toxic and dangerous waste and for those which dispose of the waste of others 5 whereas unauthorized holders of toxic and dangerous waste should deliver it only to authorized undertakings;
Whereas any holder of toxic and dangerous waste who causes it to "be disposed of by an unauthorized undertaking should be jointly liable with that undertaking for any damage caused to a third party by the waste;
Whereas that proportion of the costs of the disposal of toxic and dangerous wastes not covered by the proceeds of treating the waste must be defrayed in accordance with the 'polluter pays' principle;
Whereas provisions should be made for a system of supervision of disposers of toxic and dangerous waste, for the keeping of proper records, to secure that such waste when being transported is accompanied by an identification form, and for drawing up of a plan which takes into account all the various waste disposal operations;
Whereas in order to co-ordinate action in this field Member States should draw up a situation report on the disposal of toxic and dangerous waste; '
Whereas technical progress necessitates rapid adaptation of the list of the toxic and dangerous wastes to which this Directive applies and of the identification form; whereas, in order to facilitate the introduction of the measures required for this purpose, a procedure should be provided for whereby close co-operation would be established between the Member . States and the Commission within a Committee on Adaptation to Technical Progress; .
Article 1
For the purpose of this Directive :
a) ’’waste” moans any substance or object x/hich the holder disposes of or is required to dispose of pursuant to the provisions of national law in force;
b) ’’toxic and dangerous waste” means any waste containing the substances or materials listed in Annex I of this Directive;
c) "disposal” means :
— the collection, sorting, transport and treatment of toxic and dangerous *.;asto as wol?. as its storage and tipping above or under ground;
- the transformation operations recessary for its re—use, recovery or recycling.
The following shall be excluded from the scope of this Directive :
a) radioactive waste;
b) animal carcasses and the foiloxring agricultural waste: faecal, matter and other substances used in farming;
c) explosive substances;
d) hospital \jaste; .
e) waste waters, with the exception of waste in liquid form;
f) ga.seous effluents emitted into the atmosphere;
g) other waste covered by specific Community rules.
- -SJW K'
Member States shall take the n.„cesso.ry measures to encourage the prevention, recycling and processing of toxic and dangerous wa^tc, the extraction of raw materials and possibly of energy therofrom and any other process for the rc-use of these wastes.
Mhcrever possible re-use, recovery or recycling should be applied as preferred methods of treatment of toxic and dangerous waste.
.Article 4 - ■
1. Member States shall take the necessary measures to ensure that toxic and dangerous waste is disposed of without endangering human health and without harming the environment, and in particular :
— without risk to water, air, soil and plants and animals;
— without causing a nuisance through noise or odours;
— without adversely affecting the oountryside or places of special interest.
2. Member States shall in particular take the necessary measures to prohibit the abandonment and the uncontrolled discharge or deposit of toxic and dangerous waste, as well as its consignment to , installations, establishments or undertakings other than those - " authorized to dispose of it under Article 7'1'
Article 5 . ■ ' . ' ■ ' ■ •
Member States shall establish or designate the competent authorities to be responsible in a given zone for the planning, organization, •
authorization and supervision of toxic and dangerous waste disposal ’ operations. .
Article 6 . . 1 ' . • •• - '
Member States shall take the necessary measures to ensure that :
— toxic and dangerous waste is collected, transported and stored separately from other matter and residues,
• the containers for toxic and dangerous waste are appropriately labelled, giving in particular the nature, composition and quantity of the waste,
- the identification of toxic and dangerous waste remains possible.
Article 7 1
The installations, establishments or undertakings who carry out the disposal of toxic and dangerous waste on their own account and/or on behalf of third parties must obtain an authorization from the competent authorities. '
v/75/76 -
- 14 -
2. The authorization referred to in paragraph 1 shall relate in particular to :
— tho type and quantity of waste to he treated,
— technical recur-aments,
— precautions co he taJccn, .
-- appropriate labelling,
— methods of disposal,
— specific information to he made available at the request of the competent authorities.
3. The authorizations nay he granted for a specified period and conditions and obligations may he incorporated therein.
Article 8
Any holder of toxic and dangeroi\s waste tbo has not seen granted an authorization pursuant to Article 7, shall place it at the disposal of the installations, establishments or undertakings referred to in Article 7'1'
Ary holder of such waste who causes it to he disposed of by an installation, establishment or undertaking not authorized to dispose of it under Article 7*1' shall he jointly liable with that installation, establishment or undertaking, for any damiago caused to a third party by the waste. '■
Arti_cle If
The competent authorities shall ensure that the installations, establishments and undertakings referred to in Article 7'1' subject to their disposal capacity and without prejudice to the previsions of Article 4' do not practice any discrimination on grounds of the origin of the waste.
In accordance with the ’’polluter pays” principle, the cost of disposing of toxic'and waste, lesa any proceeds from treating the waste,
shall be borne by:
- the holder who has waste handled by an installation, establishment or undertaking referred to in Article 7•1•J
- and/or the previous holders or the producers of the product from which the waste came.
Article 12 . !
1. The competent authorities shall be required to draw up and keep up to date special plans for the disposal of toxic and dangerous waste. The plans shall cover in particular :
- specialised treatment centres and sites
- technical requirements
>- the type and quantity of waste to be disposed of
*- the persons authorized to dispose of toxic and dangerous waste .
- the methods of disposal.
The plans may also cover the estimated costs of the disposal operations.
■ 2. Member States shall publish the plans referred to in paragraph 1 and forward them to the Commission.
i .
plans with a view to ensuring maximum co-ordination at national and Community level, especially concerning their cross-frontier effects. . !
In case of emergency or grave danger, the competent authorities may, after giving notice wherever possible to the holder, order that toxic and dangerous waste which is likely to constitute a threat to the popul<ation or the environment be transferred and, if need be, treated at a place to be stipulated by the said authorities*
/ ■” tic1e[
1. Any person who produces, holds and/or disposes of toxic and dangerous waste shall :
keep a register containing details of the type, technical characteristics, quantities, quality, origin and localisation of such waste and of the dates of its takeover and transfer;
make this information available at the request of the competent authorities.
2. When toxic and dangerous waste is transported in the course of disposal it shall be accompanied by the identification form set out in Annex II.
3. Documentary evidence of the execution of the disposal operations shall be kept for at least five years.
1. Any person producing, holding and/or disposing of toxic and dangerous waste shall be subject at any time to inspection and supervision by the competent authorities to ensure that the provisions adopted in application of this Directive and the terms of any authorization are effectively fulfilled.
2. The installations, establishments or undertakings concerned shall grant the representatives of the competent authorities freedom of access to carry out any examinations, inspections or inquiries, to take samples and to gather any information concerning the waste which they judge necessary for the fulfilment of their duties and to the extent that it is essential for the disposal of the waste.
Article 16 . .
1, Every three years and for the first time eighteen months following the notification of this Directive, 1-ember States shall draw up
a situation report on the disposal of toxic and dangerous waste in their respective countries and shall forward it to the Commission. The Commission shall circulate this report to the other Member States. '
2. The Commission shall report every three years to the Council and to the European Parliament on the application of this Directive.
The Annexes shall form an integral part of this Directive.
1. Such amendments as are necessary for adapting the Annexes to technical progress shall he adopted in accordance with the procedure laid down in Article £0.
2. In adapting Annex 1 to technical progress there shall he taken into aocount the immediate or long term hazard to man and the environment presented hy other wastes hy reason of their toxicity, persistence hicaccumulative characteristics, physical and chemical form and/or quantity.
Article 1ft .
1. A Committee on Adaptation to Technical Progress of this Directive . (hereinafter called the 'committee') is hereby set up. It shall consist of representatives of the Member States and he chaired by a representative of the Commission. ■
2,
The committee shall draw up its own rules of procedure.
ArticJ.e_2n *
matters shall be referred to the Committee by the Chairman, cither * on his own initiative or at the request of the representative of a Member State. - ' ' :
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 Msmber States being weighted as provided for in Article 143 (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 Connittee;
b) h'hen the measures envisaged are not in accordance with the Opinion of the Committee, or if no opinion is adopted, the Commission shall without delay, 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 sh*'ll *?' bv the
Comni ssior*. ' ' '
Art i cle_21 . . ,
Member ctates shall bring into force the measures needed in order to comply with this Directive within 18 months of its notification. They shall forthwith inform the Commission thereof.
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*
Article 23
This Directive is addressed to the Member States.
Done at I:r.sselo,
For the Council,
Annex I
A. Toxic and dangerous substances or materials :
Arsenic and its compounds ,
Mercury and its compounds '
Cadmium and its compounds ;
Lead and its compounds Antimony and its compounds Phenols
Cyanides, hut excluding ferro- and ferrioyanides Isocyanates
Organo-halogen compounds from processing, hut excluding inert polymeric materials and other substances covered elsewhere by the list of the present directive or covered by other directives.
Chlorinated solvents ,
Aromatic solvents .
Tarry materials
Pharmaceutical substances from processing Paroxides, chlorates and azides Ethers .
Laboratory materials.
Annex I contd.
B. The following substances or materials are however not included as long as they are not contaminated by those listed under point A above :
^zmex 17
‘l
| 1. ''' : " Nature of the waste | " 2. " * . Composition • x v. • • s | 3. Volume m3 | 4* Ma3S tons |
| r- ' 1 • | - ■ - | ||
| 5- Name and address of the producer of the waste | 6. Name and address of svib3eqrj.ent hoiderc (5ncluding transporters) | 7. Name and address of the final disposer of the waste |
* Orig.: F
Is
<' • ...
>
Annexed to the proposal for a Council directive on toxic and dangerous
wastes
5. Legal basis: Proposal being prepared by the departments concerned.
4. Description, aims and grounds for the project:
This proposal for a directive contains certain detailed rules with a view to the establishment by the Member States of a monitoring system designed to ensure that toxic and dangerous wastes are destroys without endangering human health or the environment. It embodies the principle that advance authorization by the competent national authorities is required for the destruction of toxic and dangerous waste. Toxic and dangerous wastes are defined and a list of particularly harmful substances is attached to the directive (Annex I). A toxic waste identification form is also annexed. The directive proposes the setting up of an ad hoc Committee to bring the two Annexes into line with technical progress.
Article 251: meeting of the Committee
Meetings: 3
Participants: 19 (2 governmmofctexperts for each member country,
Expenditure: (115-200 x 3) + 8.9 % = BFSs. 376-257
(2 government (inflation rate experts per allowed for) country)
Appropriationa to be entered in future budgets?
Appropriations along the lines of, the forecasts for 1977 should be included each year in future budgets, since the duties involved and the body to be set up are of a permanent nature.