CITRA - Duquesne University

Directive 75/442/EEC on waste: this directive pushes the Member States to take appropriate steps to encourage the prevention, recycling and processing of waste, the extraction of raw materials and possibly of energy and any other process for the re-use of waste. Any installation or undertaking treating, storing or tipping waste on behalf of third parties must obtain a permit from the competent authority and will be periodically inspected. Moreover, in accordance with the "polluter pays" principle, the cost of disposing of waste, less any proceeds derived from treating the waste, shall be borne by: the holder who has waste handled by a waste collector or by an undertaking and/or the previous holders or the producer of the product from which the waste came.

Council Directive 91/689/EEC of 12 December 1991 on hazardous waste [Official Journal L 377 of 31.12.1991], amended by Commission Directive 94/31/EC of 27 July 1994 [Official Journal L 168 of 02.07.1994] : any establishment or undertaking which carries out disposal operations must obtain a permit. This applies also in the case of operations which may lead to recovery. However, the permit requirement may be waived in the latter case if the method of recovery is such that there is no danger to human health or the environment, or if the Member State has adopted general measures laying down conditions for various methods of recovery. Establishments or undertakings which carry out disposal operations or operations which may lead to recovery and producers of hazardous waste are subject to periodic inspections covering in particular the origin and destination of the waste. Transporters, producers, establishments and undertakings keep a record of their activities and make this information available to the competent authorities designated by each State.

Directive 94/31/EC: this short directive does not add any regulation: its main purpose is to speed the pace of the implementation of the Directive 91/689/EEC by imposing the 27 June 1995 as a deadline to its application.

Council Regulation (EEC) No 259/93 of 1 February 1993 on the supervision and control of shipments of waste within, into and out of the European Community.

The Regulation sets up separate regimes governing shipments within the EU, imports, exports and transit shipments and the different requirements depend on whether the waste is destined for recovery or disposal, and whether it is listed in the annexes on the green, amber or red list. In general terms, it can be said that the amber and red lists consist of hazardous waste and the green list of non-hazardous waste. It concerns the application by the Member States of a system of prior authorization for the shipment of waste for disposal or for recovery. A common, compulsory notification system and a standard consignment note for shipments of waste have been introduced according to the Regulation.

Shippers and manufacturers must be informed about the requirements and controls. However, it is up to the shipper or manufacturer to notify the competent authorities and ask for an authorization.

Please, note that the requirements of the Convention were implemented in the UK through the Transfrontier Shipment of Waste Regulations 1994 (SI 1994/1137).

Moreover, please note that the DEFRA and the Environment Agency / SEPA are the competent authorities with respect to transit and dispatch / destination respectively.