Editorial note

Council Directive 91/689 brings the laws of the Member States on the controlled management of hazardous waste closer to each other by applying most of the provisions of Directive 75/442 to hazardous waste and setting out additional obligations for hazardous waste (Article 1(1)–(2)). It establishes a new definition of hazardous waste by reference to three annexes, but does not apply to domestic waste (Article 1(4)–(5)).

Under the Directive all tipping (discharges) on every site must be recorded and the waste identified; there must be no mixing of different categories of hazardous waste or mixing of hazardous and non-hazardous waste, except in prescribed circumstances (Article 2). Hazardous waste must be properly packaged and labelled in accordance with international and EC standards (Article 5(1)). National authorities must draw up public plans for the management of hazardous waste (Article 6(1)). In an emergency of grave danger hazardous waste must be dealt with so as not to constitute a threat to the population or the environment (Article 7). Member States are to provide the Commission with detailed information on, inter alia, the establishments and undertakings carrying out disposal and/or recovery of hazardous waste, and the method used to treat waste, and the types and quantities of waste which can be treated (Article 8). Certain derogations allowed by Directive 75/442 cannot be applied to hazardous waste, and certain provisions of Directive 75/442 apply expressly to hazardous waste (Articles 3, 4, 6, 8).

Source: OJ L 377 31.12.1991 p. 20.