33 - Council Directive 75/442/EEC of 15 July 1975 on waste (OJ L 194 25.07.1975 p. 39 pp. 617-626

Council Directive 75/442/EEC of 15 July 1975 on waste (<i>OJ L 194 25.07.1975 p. 39</i>)

By Philippe Sands and Paolo Galizzi

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Editorial note

Council Directive 75/442 on wastes, as amended, requires Member States to take measures to prevent or reduce waste production and to recover waste by recycling, re-use, reclamation or any other processes, or to use waste as a source of energy (Article 3). Prevention and reduction are to be achieved by the development of clean technologies, products designed to minimise waste and techniques for the final disposal of dangerous substances (Article 3). Waste is defined as ‘any substance or object in the categories set out in Annex I which the holder discards or intends or is required to discard’ (Article 1(a)). The Directive does not apply to atmospheric emissions of gases or certain categories of waste covered by other legislation (Article 2(1)).

Member States should take measures necessary to ensure the recovery or disposal of waste without endangering human health and causing harm to the environment, including the prohibition of abandonment, dumping and uncontrolled disposal (Article 4). Member States are required to establish an integrated and adequate network of disposal installations, taking into account the best available technology not involving excessive cost (BATNEEC), designed to enable the Community to become selfsufficient in waste disposal (Article 5(1)). The network must enable waste to be disposed of in one of the nearest appropriate installations and ensure a high level of protection of the environment and human health (Article 5(2)). National authorities must drawup waste management plans and prevent movements of waste not in accordance with those plans (Article 7).