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►B COUNCIL DIRECTIVE
of15July1975
on waste
(75/442/EEC)
(OJ L194,25.7.1975,p.39)
Amended by:
Official Journal
No page date
►M1Council Directive91/156/EEC of18March1991L783226.3.1991►M2Council Directive91/692/EEC of23December1991L3774831.12.1991►M3Commission Decision96/350/EC of24May1996L13532 6.6.
1996►M4Regulation(EC)No1882/2003of the European Parliament and of the
魏碑书法入门L284131.10.2003 Council of29September2003
个人基本情况简介模板Corrected by:
►C1Corrigendum,OJ L146,13.6.2003,p.52(91/692/EEC)
COUNCIL DIRECTIVE
of15July1975
on waste
(75/442/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community,and in particular Articles100and235thereof;
Having regard to the proposal from the Commission;
电脑添加字体Having regard to the Opinion of the European Parliament(1);
Having regard to the Opinion of the Economic and Social Committee(2);
Whereas any disparity between the provisions on waste disposal already applicable or in preparation in the variousMember Statesmay create unequal conditionsof competition and thusdirectly affect the functioning of the common market;whereas it is therefore necessary to approximate lawsin thisfield,asprovided for in Article100of the Treaty;
Whereas it ems necessary for this approximation of laws to be accompanied by Community action so that one of the aims of the Community in the sphere of protection of the environment and improvement of the quality of life can be achieved by more extensive rules;whereas certain specific provisions to this effect should therefore be laid down;whereasArticle235of the Treaty s hould be invoked as the powersrequired for thispurpos e have not been provided for by the Treaty;
Whereas the esntial objective of all provisions relating to waste disposal must be the protection of human health and the environment against harmful effects caud by the collection,transport,treatment, storage and tipping of waste;
Whereas the recovery of waste and the u of recovered materials should be encouraged in order to conrve natural resources; Whereasthe programme of action of the European Communitieson the environment(3),stress the need for Community action,including the harmonization of legislation;
Whereas effective and consistent regulations on waste disposal which neither obstruct intra-Community trade nor affect conditions of compe-tition should be applied to movable property which the owner dispos of or is required to dispo of under the provisions of national law in force,with the exception of radioactive,mining and agricultural waste, animal carcas,waste waters,gaous effluents and waste covered by specific Community rules;
Whereas,in order to ensure the protection of the environment,provi-sion should be made for a system of permits for undertakings which treat,store or tip waste on behalf of third parties,for a supervisory system for undertakings which dispo of their own waste and for tho which collect the waste of others,and for a plan embracing the esn-tial factors to be taken into consideration in respect of the various waste disposal operations;
Whereasthat proportion of the cos tsnot covered by the proceedsof treating the waste must be defrayed in accordance with the‘polluter pays’principle,
沧桑正道
(1)OJ No C32,11.2.1975,p.36.
2
HAS ADOPTED THIS DIRECTIVE:
▼M1
Article1
For the purpos of this Directive:
(a)‘waste’shall mean any substance or object in the categories t out眼花缭乱的近义词
in Annex I which the holder discards or intends or is required to
discard.
The Commission,acting in accordance with the procedure laid
down in Article18,will draw up,not later than1April1993,a
list of wastes belonging to the categories listed in Annex I.This
list will be periodically reviewed and,if necessary,revid by the
same procedure;
(b)‘producer’shall mean anyone who activities produce waste
(‘original producer’)and/or anyone who carries out pre-processing,
mixing or other operationsres ulting in a change in the nature or
composition of this waste;
(c)‘holder’shall mean the producer of the waste or the natural or legal
person who is in posssion of it;
(d)‘management’shall mean the collection,transport,recovery and
disposal of waste,including the supervision of such operations
and after-care of disposal sites;
(e)‘disposal’shall mean any of the operations provided for in Annex
II,A;
(f)‘recovery’shall mean any of the operations provided for in Annex
大匙的拼音II,B;
(g)‘collection’shall mean the gathering,sorting and/or mixing of
waste for the purpo of transport.
Article2
1.The following shall be excluded from the scope of this Directive:
(a)gaous effluents emitted into the atmosphere;
(b)where they are already covered by other legislation:
(i)radioactive waste;
(ii)waste resulting from prospecting,extraction,treatment and storage of mineral resources and the working of quarries;
(iii)animal carcas and the following agricultural waste:faecal matter and other natural,non-dangerous substances ud in
farming;
(iv)waste waters,with the exception of waste in liquid form;
(v)decommissioned explosives.
2.Specific rules for particular instances or supplementing tho of
thisDirective on the management of particular categoriesof was te
may be laid down by meansof individual Directives.
Article3
1.Member States shall take appropriate measures to encourage:
(a)firstly,the prevention or reduction of waste production and its
harmfulness,in particular by:
—the development of clean technologies more sparing in their u of natural resources,
—the technical development and marketing of productsdes igned so as to make no contribution or to make the smallest possible
contribution,by the nature of their manufacture,u or final康复心理学
disposal,to increasing the amount or harmfulness of waste and
pollution hazards,
—the development of appropriate techniques for the final disposal
(b)condly:
(i)the recovery of waste by means of recycling,re-u or reclama-
tion or any other process with a view to extracting condary
raw materials,or
(ii)the u of waste as a source of energy.
2.Except where Council Directive83/189/EEC of28March1983 laying down a procedure for the provision of information in the field of technical standards and regulations(1)applies,Member States shall inform the Commission of any measures they intend to take to achieve the aims t out in paragraph1.The Commission shall inform the other Member Statesand the committee referred to in Article18of s uch measures.
Article4
Member States shall take the necessary measures to ensure that waste is recovered or dispod of without endangering human health and without using process or methods which could harm the environment, and in particular:
—without risk to water,air,soil and plants and animals,
—without causing a nuisance through noi or odours,
—without adverly affecting the countryside or places of special interest.
Member States shall also take the necessary measures to prohibit the abandonment,dumping or uncontrolled disposal of waste.
Article5
1.Member States shall take appropriate measures,in cooperation with other Member States where this is necessary or advisable,to establish an integrated and adequate network of disposal installations, taking account of the best available technology not involving excessive costs.The network must enable the Community as a whole to become lf-sufficient in waste disposal and the Member States to move towardsthat aim individually,taking into account geographical circum-stances or the need for specialized installations for certain types of waste.
2.The network must also enable waste to be dispod of in one of the nearest appropriate installations,by means of the most appropriate methodsand technologiesin order to ens ure a high level of protection for the environment and public health.
Article6
Member States shall establish or designate the competent authority or authorities to be responsible for the implementation of this Directive.
Article7
1.In order to attain the objectivesreferred to in Article3,4and5, the competent authority or authoritiesreferred to in Article6s hall be required to draw up as soon as possible one or more waste management plans.Such plans shall relate in particular to:
—the type,quantity and origin of waste to be recovered or dispod of,
—general technical requirements,
—any special arrangements for particular wastes,
—suitable disposal sites or installations.
Such plansmay,for example,cover:
—the natural or legal persons empowered to carry out the managment of waste,
—
the estimated costs of the recovery and disposal operations,—appropriate measures to encourage rationalization of the collection, sorting and treatment of waste.
2.Member Statess hall collaborate asappropriate with the other Member States concerned and the Commission to draw up such plans. They shall notify the Commission thereof.
3.Member States may take the measures necessary to prevent movements of waste which are not in accordance ance with their waste management plans.They shall inform the Commission and the Member States of any such measures.
Article8
Member States shall take the necessary measures to ensure that any holder of waste:
—hasit handled by a private or public was te collector or by an under-taking which carriesout the operationslis ted in Annex II A or B,or —recovers or dispos of it himlf in accordance with the provisions of thisDirective.
Article9
1.For the purpos of implementing Articles4,5and7,any estab-lishment or undertaking which carries out the operations specified in Annex II A must obtain a permit from the competent authority referred to in Article6.
扣扣网Such permit shall cover:
—the typesand quantitiesof was te,
—the technical requirements,
—the curity precautions to be taken,
—the disposal site,
—the treatment method.
2.Permitsmay be granted for a s pecified period,they may be renewable,they may be subject to conditions and obligations,or, notably,if the intended method of disposal is unacceptable from the point of view of envrionmental protection,they may be refud.
Article10
For the purpos of implementing Article4,any establishment or undertaking which carriesout the operationsreferred to in Annex II B must obtain a permit.
Article11
1.Without prejudice to Council Directive78/319/EEC of20March 1978on toxic and dangerouswas te(1),aslas t amended by the Act of Accession of Spain and Portugal,the following may be exempted from the permit requirement impod in Article9or Article10:
(a)establishments or undertakings carrying out their own waste
disposal at the place of production;
and
(b)establishments or undertakings that carry out waste recovery. Thixemption may apply only:
—if the competent authoritieshave adopted general rulesfor each type of activity laying down the typesand quantitiesof was te and the conditionsunder which the activity in ques tion may be exempted from the permit requirements,
and
—if the types or quantities of waste and methods of disposal or recovery are such that the conditions impod in Article 4are complied with.
2.The establishments or undertakings referred to in paragraph 1shall be registered with the competent authorities.
3.Member States shall inform the Commission of the general rules adopted pursuant to paragraph 1.
Article 12
Establishments or undertakings which collect or transport waste on a professional basis or which arrange for the disposal or recovery of waste on behalf of others (dealers or brokers),where not subject to authorization,shall be registered with the competent authorities.
Article 13
Establishments or undertakings which carry out the operations referred to in Articles 9to 12shall be subject to appropriate periodic inspec-tionsby the competent authorities .
Article 14
All establishments or undertakings referred to in Articles 9and 10shall:
—keep a record of the quantity,nature,origin,and,where relevant,the destination,frequency of collection,mode of transport and treat-ment method in respect of the waste referred to in Annex I and the operationsreferred to in Annex II A or B,
—make thisinformation available,on reques t,to the competent autho-ritiesreferred to in Article 6.
Member Statesmay als o require producersto comply with the provi-sions of this Article.
Article 15
In accordance with the ‘polluter pays’principle,the cost of disposing of waste must be borne by:
—the holder who has waste handled by a waste collector or by an undertaking asreferred to in Article 9,
and/or
—
the previousholdersor the producer of the product from which the waste came.
Article 16
At intervals of three years Member States shall nd information to the
Commission on the implementation of this Directive,in the form of a ctoral report which shall also cover other pertinent Community Directives.The report shall be drawn up on the basis other of a ques-tionnaire or outline drafted by the Commission in accordance with the procedure laid down in Article 6of Directive 91/692/EEC (1).The questionnaire or outline shall be nt to the Member States six months before the start of the period covered by the report.The report shall be made to the Commission within nine months of the end of the three-year period covered by it.
The first report shall cover the period 1995to 1997inclusive.
The Commission shall publish a Community report on the implementa-tion of the Directive within nine monthsof receiving the reportsfrom the Member States.
▼M2▼C1
