Waste disposal (until the end of 2010)
The EU has a framework for coordinating waste management in the Member States in order to limit the generation of waste and to optimise the organisation of waste treatment and disposal.
Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste.
These measures apply to all substances or objects which the holder disposes of or is obliged to dispose of pursuant to the national provisions in force in the Member States. They do not apply to gaseous effluents, to radioactive waste, mineral waste, animal carcases and agricultural waste, waste water, and decommissioned explosives where these types of waste are subject to specific Community rules.
The Commission has published guidelines based in particular on the case law of the Court of Justice of the European Communities (CJEC) to help the authorities responsible and the private sector determine whether or not a product is considered waste (see Related Acts below).
Member States must prohibit the abandonment, dumping or uncontrolled disposal of waste, and must promote waste prevention, recycling and processing for re-use. They must inform the Commission of any draft rules concerning the use of products which may give rise to technical difficulties and excessive disposal costs and which may encourage a reduction in the quantities of certain wastes, the treatment of wastes for recycling or re-use, the use of energy from certain waste, and the use of natural resources which may be replaced by recovered materials.
The measures provide for cooperation between the Member States with a view to establishing an integrated and adequate network of disposal installations (taking account of the best available technologies) so as to enable the Community as a whole to become self-sufficient in waste disposal and the Member States to move towards that aim individually. This network should enable waste to be disposed of in one of the nearest appropriate installations, so as to guarantee a high level of environmental protection.
Member States must ensure that any holder of waste has it handled by a private or public waste collector or a disposal undertaking, or disposes of the waste himself in compliance with these measures.
Undertakings or establishments treating, storing or tipping waste on behalf of third parties must obtain a permit from the competent authority relating, in particular, to the types and quantities of waste to be treated, the general technical requirements and the precautions to be taken. The competent authorities may periodically check that the conditions of the permit are being complied with. They also monitor undertakings which transport, collect, store, tip or treat their own waste or third parties’ waste.
Recovery centres and undertakings disposing of their own waste also require a permit.
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 an undertaking and/or by previous holders or the producer of the product giving rise to the waste.
The competent authorities designated by the Member States for the implementation of these measures are required to draw up one or more management plans relating, in particular, to the types, quantities and origins of the wastes to be recovered or disposed of, the general technical requirements, any special arrangements for particular wastes, and suitable disposal sites and installations.
This Directive consolidates and replaces Directive 75/442/EEC as subsequently amended. The aim of this consolidation is to clarify and rationalise the legislation on waste but it does not change the content of the applicable rules.
This Directive is repealed by Directive 2008/98/EC with effect from 12 December 2010.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
|17.5.2006||-||OJ L 114, 27.4.2006|
|Amending act(s)||Entry into force||Deadline for transposition in the Member States||Official Journal|
|12.12.2008||12.12.2010||OJ L 312 of 22.11.2008|