75_442_EEC特殊廢棄物管理(英)

1、1975L0442 EN 20.11.2003 004.001 1This document is meant purely as a documentation tool and the institutions do not assume any liability for its contentsCOUNCIL DIRECTIVEof 15 July 1975on waste(75/442/EEC)(OJ L 194, 25.7.1975, p. 39)Amended by:Official JournalNopagedate? M1 Council Directive 91/156/E

2、EC of 18 March 1991L 783226.3.1991? M2 Council Directive 91/692/EEC of 23 December 1991L 3774831.12.1991? M3 Commissi on Decisi on 96/350/EC of 24 May 1996L 135326.6.1996? M4 Regulation (EC) No 1882/2003 of the European Parliament and of the Council of 29 September 2003L 284131.10.2003Corrected by:C

3、1 Corrigendum, OJ L 146, 13.6.2003, p. 52 (91/692/EEC)1975L0442 EN 20.11.2003 004.001 3COUNCIL DIRECTIVEof 15 July 1975on waste(75/442/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Economic Community, and in particular Articles100 and 235 thereof;H

4、aving regard to the proposal from the Commission;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

5、Statesmay create unequal conditionsof competition and thusdirectly affect the fun cti oning of the com mon market; whereas it is therefore n ecessary to approximate laws in thisfield, asprovided for in Article 100 of the Treaty;Whereas it seems necessary for this approximation of laws to be accompan

6、ied 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; whereascertain specific provisions to this effect should therefore be laid down; whereasArticle 235 of the T

7、reaty should be invoked as the powersrequired for thispurpos e have not been provided for by the Treaty;Whereas the essential objective of all provisions relating to waste disposal must be the protection of human health and the environment against harmful effects caused by the collection, transport,

8、 treatment, storage and tipping of waste;Whereas the recovery of waste and the use of recovered materials should be en couraged i n order to con serve n atural resources;Whereasthe programme of action of the European Communitieson the environment (3), stressesthe need for Community action, including

9、 the harmonization of legislation;Whereas effective and consistent regulations on waste disposal which neither obstruct intra-Community trade nor affect conditions of competiti on should be applied to movable property which the owner disposes of or is required to dispose of un der the provisi ons of

10、 n ati on al law in force, with the exception of radioactive, mining and agricultural waste, animal carcases,waste waters, gaseouseffluents and waste covered by specific Community rules;Whereas, in order to ensure the protection of the environment, provision should be made for a system of permits fo

11、r undertakings which treat, store or tip waste on behalf of third parties, for a supervisory system for un dertak ings which disposeof their own waste a nd for those which collect the waste of others, and for a plan embracing the essential factors to be taken into consideration in respect of the var

12、ious waste disposal operations;Whereasthat proporti on of the costs not covered by the proceedsof treating the waste must be defrayed in accordanee with the ' polluter pays 'rinciple,(1) OJ No C 32, 11. 2. 1975, p. 36.(2) OJ No C 16, 23. 1. 1975, p. 12.(3) OJ No C 112, 20. 12. 1973, p. 3. B

13、M1HAS ADOPTED THIS DIRECTIVE:Article 1For the purposes of this Directive:(a) ' wasteshall mean any substanee or object in the categories set out in Annex I which the holder discards or intends or is required to discard.The Commission, acting in accordanee with the procedure laid down in Article

14、18, will draw up, not later than 1 April 1993, a list of wastes belonging to the categories listed in Annex I. This list will be periodically reviewed and, if necessary, revised by the same procedure;(b) ' producer s'all mean anyone whose activities produce waste ('orig in producer '

15、ajnd/or anyone who carries out pre-process ing, mixing or other operationsres ulting in a change in the nature or composition of this waste;(c) ' holdershall mean the producer of the waste or the natural or legal person who is in possessionof it;(d) ' managementbhall mean the collection, tra

16、nsport, recovery and disposal of waste, including the supervision of such operations and after-care of disposal sites;(e) ' disposalshhll mean any of the operations provided for in Annex II, A;(f) ' recoverysKall mean any of the operations provided for in Annex II, B;(g) ' collection sha

17、ll mean the gathering, sorting and/or mixing of waste for the purpose of transport.Article 21. The following shall be excluded from the scope of this Directive:(a) gaseouseffluents emitted into the atmosphere;(b) where they are already covered by other legislation:(i) radioactive waste;(ii) waste re

18、sulting from prospecting, extraction, treatment and storage of min eral resources a nd the work ing of quarries;(iii) animal carcases and the following agricultural waste: faecal matter and other natural, non-dangerous substances used in farmi ng;(iv) waste waters, with the exception of waste in liq

19、uid form;(v) decommissioned explosives.2. Specific rules for particular instances or supplementing those of thisDirective on the management of particular categoriesof waste may be laid dow n by mea nsof in dividual Directives.Article 31. Member Statesshall take appropriate measuresto encourage:(a) f

20、irstly, the prevention or reduction of waste production and its harmfulness, in particular by:the development of clean tech nologies more sparing in their use of natural resources,the technical development and marketing of productsdes igned so as to make no contribution or to make the smallest possi

21、ble contribution, by the nature of their manufacture, use or final disposal, to increasing the amount or harmfulness of waste and pollution hazards, the development of appropriate techniquesfor the final disposal of dangerous substances contained in waste destined for recovery;1975L0442 EN 20.11.200

22、3 004.001 5 M1(b) sec on dly:(i) the recovery of waste by meansof recycling, re-use or reclamation or any other process with a view to extract ing sec on dary raw materials, or(ii) the use of waste as a source of energy.2. Except where Council Directive 83/189/EEC of 28 March 1983 laying down a proc

23、edure for the provision of information in the field of technical standards and regulations () applies, Member States shall inform the Commission of any measuresthey intend to take to achieve the aims set out in paragraph 1. The Commissi on shall in form the other Member Statesand the committee refer

24、red to in Article 18 of such measures.Article 4Member States shall take the necessary measuresto ensure that waste is recovered or disposed of without endangering human health and without using processesor methods which could harm the environment, and in particular: without risk to water, air, soil

25、and plants and animals,without causing a nuisanee through noise or odours,without adversely affecting the countryside or places of special in terest.Member States shall also take the necessary measures to prohibit the aba ndonment, dump ing or uncon trolled disposal of waste.Article 51. Member State

26、s 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 accou nt of the best available tech no logy not in volv ing excessive costs. The network must enable the

27、Community as a whole to become self-sufficient in waste disposal and the Member States to move towardsthat aim individually, taking into account geographical circumstances or the need for specialized installations for certain types of waste.2. The network must also enable waste to be disposed of in

28、one of the nearest appropriate installations, by means of the most appropriate methodsa nd tech no logies in order to en sure a high level of protecti on for the environment and public health.Article 6Member States shall establish or desig natethe compete nt authority or authorities to be responsibl

29、e for the implementation of this Directive.Article 71. In order to attain the objectivesreferred to in Article 3, 4 and 5, the compete nt authority or authoritiesreferred to in Article 6 shall be required to draw up as so on as possible o ne or more waste man ageme nt plans. Such plans shall relate

30、in particular to:the type, quantity and origin of waste to be recovered or disposed of,general technical requirements,any special arrangementsfor particular wastes,suitable disposal sites or installations.Such plansmay, for example, cover:the natural or legal persons empowered to carry out the manag

31、ment of waste, M1 the estimated costs of the recovery and disposal operations,appropriate measuresto en courage rati on alizati on of the collecti on, sorting and treatment of waste.2. Member Statess hall collaborate asappropriate with the other Member States concerned and the Commission to draw up

32、such plans. They shall no tify the Commissi on thereof.3. Member States may take the measures necessary to prevent movements of waste which are not in accordanceanee with their waste man ageme nt pla ns. They shall inform the Commissi on an d the Member States of any such measures.Article 8Member St

33、ates shall take the necessary measures to ensure that any holder of waste:hasit handled by a private or public waste collector or by an undertaking which carriesout the operationslis ted in Annex II A or B, or recovers or disposes of it himself in accordanee with the provisions of thisDirective.Arti

34、cle 91. For the purposes of implementing Articles 4, 5 and 7, any establishment or undertaking which carries out the operations specified in Annex II A must obtain a permit from the compete nt authority referred to in Article 6.Such permit shall cover:the typesand quantitiesof waste,the technical re

35、quirements, the security precautions to be taken, the disposal site,the treatment method.2. Permitsmay be gran ted for a specified 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

36、of envrionmental protection, they may be refused.Article 10For the purposes of implementing Article 4, any establishment or undertaking which carriesout the operationsreferred to in Annex II B must obtain a permit.Article 111. Without prejudice to Council Directive 78/319/EEC of 20 March 1978 on tox

37、ic and dangerouswaste (), aslas t amended by the Act of Accessi on of Spa in and Portugal, the followi ng may be exempted from the permit requirement imposed in Article 9 or Article 10:(a) establishments or undertakings carrying out their own waste disposal at the place of production;and(b) establis

38、hments or undertakings that carry out waste recovery.Thisexemption may apply only:if the compete nt authoritieshave adopted gen eral rulesfor each type of activity laying down the typesand quantitiesof waste and the con diti onsun derwhich the activity in quest ion may beexempted from the permit req

39、uirements,and(1) OJ No L 84, 31. 3. 1978, p. 43.1975L0442 EN 20.11.2003 004.001 6 M1if the types or quantities of waste and methods of disposal or recovery are such that the conditions imposed in Article 4 are complied with.2. The establishments or undertakings referred to in paragraph 1 shall be re

40、gistered with the compete nt authorities.3. Member States shall inform the Commission of the general rules adopted pursuant to paragraph 1.Article 12Establishments or undertakings which collect or transport waste on a professional basis or which arrange for the disposal or recovery of waste on behal

41、f of others (dealers or brokers), where not subject to authorizati on, shall be registered with the compete nt authorities.Article 13Establishments or undertakings which carry out the operations referred to in Articles 9 to 12 shall be subject to appropriate periodic inspection sby the compete nt au

42、thorities.Article 14All establishments or undertakings referred to in Articles 9 and 10 shall:keep a record of the qua ntity, n ature, origi n, and, where releva nt, the destination, frequency of collection, mode of transport and treatment method in respect of the waste referred to in Annex I and th

43、e operationsreferred to in Annex II A or B, make thisi nformatio n available, on request, to the compete nt autho- ritiesreferred to in Article 6.Member Statesmay also require producersto comply with the provisions of this Article.Article 15In accordance with the ' polluterpays ' principle,

44、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,an d/or the previousholdersor the producer of the product from which the waste came.Article 16 M2. C1At in tervals of three years Member States shall

45、sendin formati on to the Commission on the implementation of this Directive, in the form of a sectoral report which shall also cover other pert inent Commu nity Directives. The report shall be drawn up on the basis other of a ques- tionn aire or outl ine drafted by the Commissi on in accorda nce wit

46、h the procedure laid down in Article 6 of Directive 91/692/EEC (1). The questi onn aire or outl ine shall be sent to the Member Statessix mon ths before the start of the period covered by the report. The report shall be made to the Commissio n within nine mon ths of the end of the three- year period

47、 covered by it.The first report shall cover the period 1995 to 1997 inclusive.The Commission shall publish a Community report on the implementation of the Directive within nine monthsof receiving the reportsfrom the Member States.(1) OJ No L 377, 31. 12. 1991, p. 48.1975L0442 EN 20.11.2003 004.001 8

48、 M1Article 17The ame ndme ntsn ecessary for adapti ng the Ann exes to this Directive to scientific and technical progress shall be adopted in accordanee with the procedure laid down in Article 18. M4Article 181. The Commissi on shall be assisted by a committee.2. Where referenee ismade to thisArticl

49、e, Articles5 and 7 of Decision 1999/468/EC () shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three mon ths.3. The Committee shall adopt its rules of procedure. BArticle ? M1 19 ?Member States shall bring

50、into force the measures needed in order to comply with thisDirective within 24 mon thsof its no tificati on and shall forthwith in form the Commissio n thereof.Article ? M1 20 ?Member States shall communicate to the Commission the texts of the main provisions of national law which they adopt in the

51、field covered by thisDirective.Article ? M1 21 ?This Directive is addressedto the Member States.(1) Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). M1ANNEX ICATEGORIES OF WASTEQ1

52、 Production or consumption residues not otherwise specified belowQ2 Off-specification productsQ3 Products whose date for appropriate use has expiredQ4 Materials spilled, lost or having undergone other mishap, including any materials, equipment, etc., contaminated as a result of the mishapQ5 Material

53、s contaminated or soiled as a result of planned actions (e.g. residues from cleaning operations, packing materials, containers, etc.)Q6 Unusable parts (e.g. reject batteries, exhausted catalysts, etc.)Q7 Substances which no longer perform satisfactorily (e.g. contaminated acids, contaminated solvent

54、s, exhausted tempering salts, etc.)Q8 Residues of industrial processes (e.g. slags, still bottoms, etc.)Q9 Residues from pollution abatement processes (e.g. scrubber sludges, baghouse dusts, spent filters, etc.)Q10 Machining/finishing residues (e.g. lathe turnings, mill scales, etc.)Q11Residues from

55、 raw materials extraction and processing (e.g. mining residues, oil field slops, etc.)Q12 Adulterated materials(e.g. oilscontaminated with PCBs, etc.)Q13 Any materials, substances or products whose use has been banned by lawQ14 Productsfor which the holder hasno further use (e.g. agricultural, house

56、hold, office, commercial and shop discards, etc.)Q15 Contaminated materials, substances or products resulting from remedial action with respect to landQ16 Any materials, substances or products which are not contained in the above categories.1975L0442 EN 20.11.2003 004.001 9 M3ANNEX IIADISPOSAL OPERA

57、TIONSNB: This Annex is intended to list disposal operations such as they occur in practice. In accordance with Article 4 waste must be disposed of without endangering human health and without the use of processes or methods likely to harm the environment.D 1Deposit into or onto land (e.g. landfill,

58、etc.)D 2Land treatment (e.g. biodegradation of liquid or sludgy discards in soils,etc.)D 3 Deep injection (e.g. injection of pumpable discards into wells, salt domes or naturally occurring repositories, etc.)D 4 Surface impoundment (e.g. placement of liquid or sludgy discards into pits, ponds or lagoons, etc.)D 5 Specially engineered landfill (e.g. placement into lined discrete cells which are