Directive 75/442 / EEC

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Directive 75/442 / EEC

Title: Council Directive 75/442 / EEC of 15 July 1975 on waste
Designation:
(not official) 		Waste Framework Directive
Scope: EEC
Legal matter: Waste law , environmental law
Basis: EEC Treaty , in particular Articles 100 and 235
To be
implemented in national law by: 		17th July 1975
Replaced by: Directive 2006/12 / EC
Expiry: May 16, 2006
Reference: OJ L 194 of July 25, 1975, p. 47
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The Directive 75/442 / EEC of 15 July 1975 on waste aimed for in Article 3 to the Member States of the European Union, which by suitable measures

  • primarily the prevention or reduction of the generation of waste and its hazardousness and
  • Secondly, the recovery of the waste by way of recycling, reuse, reuse or other recycling processes with a view to the extraction of secondary raw materials or, equivalent, the use of waste to generate energy.

The measures include, in particular, the development of clean technologies or suitable techniques for eliminating hazardous substances in waste to be recycled, the technical development and the placing on the market of products that are not or less polluted, the extraction of secondary raw materials and the use of waste for energy generation.

The Waste Framework Directive lists general principles of waste recovery and disposal in 21 articles and in the three annexes “ waste groups ”, “ disposal processes ” and “ recovery processes ”. Among other things, this also includes protection against

  • Endangerment to human health;
  • Endangerment of water, air, soil, fauna and flora;
  • Causing noise or odor nuisance;
  • Impairment of the environment and the landscape or the
  • uncontrolled dumping, discharge or disposal of waste.

Article 1 legally defines the terms waste , producer , owner , management , disposal , recovery and collection .

According to Article 2, the scope of the directive does not include gaseous discharges into the atmosphere and wastes to which other legal provisions apply (such as radioactive waste, waste from the extraction of mineral resources or from the operation of quarries, certain animal carcasses, faeces, waste water or explosives).

successor

The directive was repealed on May 17, 2006 by Directive 2006/12 / EC of the European Parliament and of the Council of April 5, 2006 on waste . It is largely a consolidated version, so it only took into account previous changes. In terms of content, it did not change anything.

The European Commission had already presented an amendment on December 21, 2005 . The changes are intended to anchor the protection of the environment and resources more firmly in waste legislation. Better definitions should u. a. clarify when a production residue is waste or a by- product regulated outside of waste law . Or, when the waste status ends, or how recycling is to be distinguished from disposal in incineration plants.

The Federal Republic of Germany, represented by the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, issued a statement on January 25, 2006; on February 13, 2007 the 1st reading took place in the European Parliament. The proposed amendments were discussed on June 28, 2007 in the Council of Environment Ministers and a political agreement was reached. After the second reading, Directive 2008/98 / EC was published in the Official Journal on November 22, 2008. This Waste Framework Directive came into force on December 12, 2008. The member states had to implement it by December 12, 2010, so that it replaced Directive 2006/12 / EC.

The revision of the Waste Framework Directive is of enormous importance for the European waste management industry, as it determines its work until at least 2025 and, like all directives, affects national law.

Web links

Individual evidence

  1. ^ Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on waste. (PDF) bmu.de, December 21, 2005, accessed October 6, 2019 .
  2. ^ Opinion of the Government of the Federal Republic of Germany on A) Communication from the Commission (COM) A thematic strategy for waste prevention and recycling (Doc. COM (2005) 666 final) and on B) Commission proposal (COM) for a European directive Parliament and the Council on waste (COM (2005) 667 final). bmu.de, archived from the original on January 27, 2007 ; accessed on October 6, 2019 .