No L 377/20 Official Journal of the European Communities 31.12.91 COUNCIL DIRECTIVE of 12 December 1991 on hazardous waste (91/689/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particluar Article 103s thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of ' the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), ‘ Whereas Council Directive 78/319/EEC of 20 March 1978 on toxic and dangerous waste (4), established Community rules on the disposal of dangerous waste; whereas in order to take account of experience gained in the implementation of that Directive by the Member States, it is necessary to amend the rules and to replace Directive 78/319/EEC by this Directive; ‘ Whereas the Council resolution of 7 May 1990 on waste policy (5) and the action programme of the European Communities on the environment, which was the subject of the resolution of the Council of the European Communities and of the representatives of the Government of the Member States, meeting within the Council, of 19 October 1987 on the continuation and implementation of a European Community policy and action programme on the environment (1987 to 1992) (¢), envisage Community measures to improve the conditions under which hazardous wastes are disposed of and managed; Whereas the general rules applying to waste management which are laid down by Council Directive 75/442/EEC of 15 July 1975 on waste (7), as amended by Directive '91/156/EEC (8), also apply to the management of hazardous waste; (1) Of No C 295, 19. 11. 1988, p. 8, and 0] No C 42, 22. 2. 1990, p. 19. (2) OJ No C 158, 26. 6. 1989, p. 238. (3) O No C 56, 6. 3. 1989, p. 2. (4) OJ No L 84, 31. 3. 1978, p. 43. (5) OJ No C 122, 18. 5. 1990, p. 2. (6) O] No C 328, 7. 12. 1987, p. 1. (7) O] No L 194, 25. 7. 1975, p. 39. (8) O) No L 78, 26. 3. 1991, p. 32. Whereas the correct management of hazardous waste necessitates additional, more stringent rules to take account of the special nature of such waste; Whereas it is necessary, in order to improve the effectiveness of the management of hazardous waste in the Community, to use a precise and uniform definition of hazardous waste based on experience; Whereas it is necessary to ensure that disposal and recovery of hazardous waste is monitored in the fullest manner possible; Whereas it must be possible rapidly to adapt the provisions of this Directive to scientific and technical progress; whereas the Committee set up by Directive 75/442/EEC must also empowered to adapt the provisions of this Directive to such progress, HAS ADOPTED THIS DIRECTIVE: Article 1 1. The object of this Directive, drawn up pursuant to Article 2 (2) of Directive 75/442/EEC, is to approximate the laws of the Member States on the controlled management of hazardous waste. 2. Subject ot this Directive, Directive 75/442/EEC shall apply to hazardous waste. 3. The definition of ‘waste’ and of the other terms used in this Directive shall be those in Directive 75/442/EEC. 4. For the purpose of this Directive ‘hazardous waste’ _ means: — wastes featuring on a list to be drawn up in accordance with the ‘procedure laid down in Article 18 of Directive 75/442/EEC on the basis of Annexes I and II to this Directive, not later than six months before the date of implementation of this Directive. These wastes must have one or more of the properties listed in Annex III. The list shall take into account the origin and composition of the waste and, where necessary, limit